Oklahoma Homicide Defense Attorney: Laws and Types

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An Oklahoma homicide defense lawyer specializes in defending clients facing charges of homicide such as murder, manslaughter, excusable homicide, or justifiable homicide. Oklahoma’s laws regarding homicide are outlined in statute Title 21 O.S. §21-691. Homicide defense attorneys use specific legal defense strategies to protect the rights of their clients, ensuring they receive a fair trial and securing the best possible outcome in their case.

At the Law Offices of Adam R. Banner we focus EXCLUSIVELY on defending our clients from criminal charges. Homicide charges can put you behind bars for life.

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In terms of harm, there is no greater criminal violation than homicide. It is defined as the killing of one human being by another. Moreover, under Oklahoma law, the term “human being” includes an unborn child. Furthermore, the crime committed in a criminal prosecution is generally determined by the state of mind of the Defendant.

A homicide defense attorney can argue for different charges based on different states of mind. Regardless of how one is charged, convictions for murder carry severe repercussions and possibly lead to capital punishment.

What Are Oklahoma’s Homicide Laws?

In Oklahoma, homicide is the killing of one human being by another. According to Oklahoma statute Title 21 O.S. Section 701.7, homicide charges are classified as murder, manslaughter, excusable homicide, or justifiable 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.

The classifications of justifiable homicide include self-defense, defense of others, and law enforcement use-of-force. The classifications for criminal homicide include first-degree murder, second-degree murder, manslaughter, and vehicular murder, excusable homicide, or justifiable homicide.

First & Second Degree Murder

A homicide is considered murder when a person unlawfully and with malice aforethought causes the death of another human being. Malice is the deliberate intention to unlawfully take the life of a human being, which is manifested by external circumstances capable of proof.

The deliberate nature of this crime makes punishments extremely harsh. Murder is also divided into several different types of charges including first degree, second degree, and felony murder. 

If you or a loved one are facing charges in Oklahoma you should consult an experienced murder defense lawyer.

First & Second Degree Manslaughter

Manslaughter is a lesser form of homicide than murder. Manslaughter charges are categorized as either first degree or second degree manslaughter. 

First degree manslaughter charges are brought when the circumstances of the homicide include the following factors.

  • The crime was committed in “heat of passion”
  • There was adequate provocation
  • The defendant did not have time to “cool off” before committing the act
  • The defendant did not commit the crime with intent 

According to Oklahoma law, second degree manslaughter charges are brought when the circumstances of the homicide are not considered murder, first degree manslaughter, excusable homicide, or justifiable homicide.

A manslaughter defense attorney can help ensure you receive fair treatment before the law.  Manslaughter is divided into first and second degree

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.

Legal Defense Strategies

If you or a loved one has been charged with homicide in Oklahoma, time is of the essence. You need an experienced defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished homicide lawyer ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.