Homicide involves the act of one human being killing another, according to Oklahoma Law. Oklahoma Statute Title 21 (§21-691) classifies homicides as either unlawful (criminal) or lawful. Criminal homicide includes first degree murder, second degree murder, first degree manslaughter, second degree manslaughter, and negligent homicide. Lawful homicide includes justifiable homicide and excusable homicide. A criminal defense attorney assists individuals facing charges of homicide.
What is Homicide?
Homicide is the killing of one human being by another. Homicide acts as a broad legal category that includes both criminal and noncriminal deaths. The legal meaning of homicide depends on intent, mental state, and circumstances of the killing. It includes charges for unlawful killings such as murder, manslaughter, and negligent homicide, as well as lawful killings such as justifiable or excusable homicide. Courts evaluate homicide by examining whether the death was intentional, reckless, negligent, or legally justified, with criminal charges only being filed when the killing is unlawful under according to law. Homicide in criminal law requires proof of guilt beyond a reasonable doubt. The definition of homicide requires establishing that a human death occurred and that the defendant’s conduct caused that death, while the classification of the offense depends on factors such as malice aforethought, provocation, recklessness, or criminal negligence. Common examples of criminal homicide include intentional killings charged as murder, heat-of-passion killings charged as manslaughter, and deaths caused by reckless or negligent conduct. Defenses to homicide charges include self-defense, defense of others, accident, lack of intent, and insufficient causation. The burden of proof rests with the prosecution, which must prove each required element of the charged homicide offense beyond a reasonable doubt in criminal court.
What Are the Types of Homicide?
The types of homicide include murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, justifiable homicide, and excusable homicide. The types of homicide differ by the intent of the killer, circumstances of the killing, and legal framing within criminal law systems. The type of homicide are listed below.
- Murder: murder involves the intentional and unlawful killing of another human being with malice aforethought. Murder charges are filed by prosecutors when there is proof that the defendant acted with intent, deliberation, or obvious recklessness that demonstrates a depraved indifference to human life.
- Voluntary Manslaughter: voluntary manslaughter involves the intentional killing of another human being under circumstances including heat of passion or adequate provocation. Voluntary manslaughter charges are filed by prosecutors when the intent to kill exists, but malice aforethought is replaced by extreme emotional disturbance or a sudden provocation.
- Involuntary Manslaughter: involuntary manslaughter involves the unintentional killing of another person resulting from reckless conduct or criminal negligence. Involuntary manslaughter charges are filed when a death occurs during a dangerous act or lawful act performed in a careless manner.
- Negligent Homicide: Negligent homicide refers to causing the death of another human being because of criminal negligence. Negligent homicide charges are filed when the defendant's conduct creates a substantial and unjustifiable risk of death that a reasonable person would have avoided.
- Justifiable Homicide: Justifiable homicide occurs when a killing is legally permitted under the law, including self-defense or the defense of others. Justifiable homicide creates no criminal liability because the use of deadly force is necessary and reasonable under the circumstances.
- Excusable Homicide: Excusable homicide involves a death resulting from an accident without criminal intent or negligence. Excusable homicide applies when the killing happens through an accident or lawful activity conducted with ordinary caution.
These types of crimes are classified to reflect differing levels of intent, culpability, and legal justification under criminal law.
Murder
Murder refers to a criminal homicide that involves the intentional and unlawful killing of another human being with malice aforethought. Oklahoma murder laws are outlined in Oklahoma Statute 21 OK Stat § 701.7. Under Oklahoma law, murder is classified into two main types including first degree murder and second degree murder. First degree murder refers to the intentional killing of another human being that involves premeditation and deliberation. Premeditation means the offender plans the killing before acting and deliberation means the offender reflects on the decision to kill. An example of first degree murder is deliberately shooting another person after planning the act during an argument. Second degree murder refers to the intentional killing of an individual that lacks premeditation but still involves malice aforethought. Malice aforethought exists when the offender intends to cause death or serious bodily harm, or acts with extreme reckless disregard for human life. An example of second degree murder is intentionally poisoning a person during a sudden confrontation without prior planning.
Examples of Murder are listed below.
- Intentionally shooting another person, causing death.
- Deliberately poisoning a victim with the intent to kill.
Murder is established when the prosecution proves the required mental state and proves conduct that directly causes death without legal justification. Both first degree murder and second degree murder involve deliberate actions rather than accident or negligence.
Voluntary (First Degree) Manslaughter
Voluntary manslaughter, or first degree manslaughter, refers to a criminal homicide involving the intentional killing of another human being without malice aforethought. Voluntary manslaughter occurs when a person causes the death of an individual while acting in the heat of passion or under adequate provocation. Oklahoma voluntary manslaughter laws are outlined in Oklahoma Statute 21 OK Stat § 711. Oklahoma law distinguishes voluntary manslaughter from murder because voluntary manslaughter lacks premeditation and lacks malice aforethought. The absence of malice aforethought exists because the offender acts in the heat of passion due to a strong emotional disturbance rather than a deliberate intent to kill. Adequate provocation means the circumstances would provoke a reasonable person to lose self control. An example of voluntary manslaughter is killing another person during a sudden fight that immediately follows provocation. Another example of voluntary manslaughter is intentionally striking a person during a heated confrontation, resulting in death, without prior planning. Voluntary manslaughter is established when the prosecution proves intent to commit the act and proves the killing occurred under provocation without legal justification. A conviction on charges of first degree manslaughter in Oklahoma can result in imprisonment for not less than four years.
Examples of voluntary manslaughter are listed below.
- intentionally killing another person during a sudden quarrel.
- causing death by an intentional violent act committed in the heat of passion without premeditation.
Involuntary (Second Degree) Manslaughter
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. Those convicted of second degree manslaughter face potential jail time, so It is recommended that those charged consult an Oklahoma manslaughter defense lawyer immediately.
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.
Excusable Homicide
Excusable homicide charges are brought when the circumstances of a homicide include the following characteristics.
- 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.
- 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.
- 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,
- 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,
- 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 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 is Lawful Homicide?
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. The specific statutes and legal interpretations of what constitutes lawful homicide can be found in the Oklahoma Statutes Title 21, Chapter 53.
What is the Legal Defense for Homicide Charges in Oklahoma?
The legal defense for homicide charges in the state of Oklahoma vary depending on the types of charges brought by the prosecution, and the circumstances of the case. Individuals facing homicide charges in the state of Oklahoma should secure the services of a criminal defense attorney. An Oklahoma homicide defense attorney offers legal representation and counsel, develops a defense strategy based on the evidence of the case, negotiates with prosecutors, participate in the jury selection process, coordinates witnesses, and prepares and files all necessary legal documentation.
