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An OKC homicide defense attorney specializes in defending individuals facing charges of homicide in the State of Oklahoma. Homicide is any act by one person that causes the death of another person. Homicide defense attorneys have a deep understanding of Oklahoma criminal law, forensic evidence, and criminal court procedures. A homicide defense attorney uses this knowledge to develop a comprehensive legal defense strategy based on the type of charges faced by the defendant, the circumstances of the case, and the evidence presented by the prosecution.

Title 21 of Oklahoma's criminal code defines two types of homicide including criminal homicide and lawful homicide. Criminal homicide includes first degree murder, second degree murder, first degree manslaughter, and second degree manslaughter. Lawful homicide includes excusable homicide and justifiable homicide. Oklahoma vehicle code defines negligent homicide, or "vehicular manslaughter." code. Individuals facing homicide charges in the state of Oklahoma should contact an experienced criminal defense attorney to ensure their rights are protected.

Hiring an Oklahoma City Homicide Defense Attorney

An Oklahoma City homicide defense lawyer provides legal representation to individuals facing charges of homicide in the State of Oklahoma. Homicide defense attorneys defend the rights of their clients, challenge evidence presented by the prosecution, and negotiate with the court to ensure the best possible outcome in their client's case. Homicide attorneys have a deep understanding of Oklahoma criminal law, forensic evidence, and criminal court procedures. A homicide defense attorney uses this knowledge to develop a comprehensive legal defense strategy based on the type of charges faced by the defendant, the circumstances of the case, and the evidence presented by the prosecution.

Hiring a criminal defense attorney to fight charges of homicide involves identifying, researching, and selecting a qualified attorney with a strong record of success in homicide cases. The attorney should provide a clear explanation of their experience, case management skills, fee structure, and potential legal defense strategies. The Law Offices of Adam R. Banner, P.C. has a proven history of success in helping our clients secure the best possible results in their homicide cases.

What Are Legal Defense Strategies for Homicide Charges in Oklahoma?

An experienced homicide lawyer utilizes specific defense strategies to help those facing charges of homicide. These strategies may lead to reduced charges, reduced fines and prison time, or the dismissal of charges. The strategy employed depends on the type charges which include first and second degree murder, first and second degree manslaughter, excusable homicide, justifiable homicide, and negligent homicide.

What is Homicide?

Homicide is the act of one human being killing another, according to Oklahoma Statute Title 21 (§21-691). The types of homicide recognized by Oklahoma law include first and second degree murder, voluntary and involuntary manslaughter, negligent homicide, justifiable homicide, and excusable homicide.

What is the Difference Between Homicide and Murder?

Homicide refers to the act of one human being killing another. The term homicide encompasses both the legal (justifiable or excusable) killing of another person, and illegal (murder or manslaughter). Murder specifically refers to the unlawful killing of another with premeditation or during the commission of a felony.

What is the Difference Between Homicide and Manslaughter?

The difference between homicide and manslaughter in the state of Oklahoma rests on the intent and circumstances of the act. Homicide refers to any killing of one person by another and includes both lawful and unlawful homicide. Manslaughter is a type of unlawful homicide in which the killing occurs without malice aforethought, as a spontaneous act of violence in the heat of passion or as a result of reckless behavior.

What are the Types of Homicide in Oklahoma?

The types of homicide defined by Oklahoma law include criminal homicide and lawful homicide. Criminal homicide charges include murder in the first degree, second degree murder, first degree manslaughter, and second degree manslaughter. Lawful homicide charges justifiable homicide, and excusable homicide. 

The type of charges brought by Oklahoma prosecutors are dependent upon factors such as the severity of the act, the intent and mental state of the defendant, the circumstances of the homicide, the use of a weapon, and the criminal history of the defendant.

What are the Types of Criminal Homicide in Oklahoma?

Oklahoma law (Statute 21) defines four types of criminal homicide including first degree murder, second degree murder, first degree manslaughter and second degree manslaughter. 

Murder in the First Degree

First degree murder is a homicide committed with deliberate and premeditated intent, or under specific circumstances such as causing the death of another person while committing certain felonies such as arson, burglary, or robbery; killing a law enforcement officer; hiring another person to commit murder; or engaging in serial killings. In Oklahoma, conviction on charges of first degree murder carries the most severe penalties including the death penalty and imprisonment for life without parole.

Murder in the Second Degree

Second degree murder is a homicide that occurs without premeditation, but with an inherently dangerous act that demonstrates a disregard for human life, or during the commission of a felony that is not specified under Oklahoma’s first degree murder law.

Oklahoma homicide laws punish those convicted of second degree murder with imprisonment for a term of not less than ten (10) years.

Manslaughter in the First Degree

Manslaughter in the first degree is a homicide that occurs under the following circumstances. 

  • Without intent to cause death during the commission of a misdemeanor
  • In the heat of passion, without intent to kill, but executed in a cruel and unusual manner or with a dangerous weapon (unless it is considered excusable or justifiable homicide)
  • When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt has failed.

In Oklahoma, conviction on charges of first degree manslaughter can result in imprisonment for not less than four years.

Manslaughter in the Second Degree

Manslaughter in the second degree is a homicide that occurs when one person is killed due to the act, procurement or culpable negligence of another, and when the killing is not considered murder, first degree manslaughter, excusable homicide, or justifiable homicide under Oklahoma law.

What Are the Types of Lawful Homicide in Oklahoma?

Oklahoma law defines two (2) types of lawful homicide including excusable homicide and justifiable homicide. The State of Oklahoma looks at the circumstances of the crime to help determine if a homicide is excusable or justifiable.

Excusable Homicide

Excusable homicide charges are brought when the circumstances of a homicide include the following characteristics.

  1. When the homicide is committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.
  2. When homicide is committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.

Justifiable Homicide

Justifiable homicide charges are brought against a defendant when the circumstances of a homicide include the following characteristics.

  1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,
  2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,
  3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.

Justifiable homicide is commonly associated with homicides involving self-defense.

What is Negligent Homicide?

Negligent homicide, or “vehicular manslaughter”, is the death of a person resulting from another person operating a vehicle (car, boat, jet ski, etc) with reckless disregard for the safety of others. The death that leads to negligent homicide charges can occur up to one (1) year after the injury which resulted from the reckless operation. 

Negligent homicide is considered a misdemeanor in Oklahoma. Unlike criminal homicide and lawful homicide, the negligent homicide law is defined in Oklahoma’s vehicle code, rather than the criminal code.