Manslaughter types and definitions

Get Legal Help Today

 Secured with SHA-256 Encryption

Manslaughter types and definitions

What is manslaughter first degree? I can only find voluntary and involuntary and vehicular? My friend was convicted of manslaughter first degree and got 100 years.

Asked on June 18, 2009 under Criminal Law, Oklahoma

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Below I put what a general definition of manslaughter in the first degree would be. You may also want to contact the attorney who handled your friends case to have them explain the elements of the specific case and fill them into the charge to help explain the situation.

Manslaughter in the first degree is the unlawful and intentional killing of a human being, but without malice, and whenever one person unlawfully and intentionally, but without malice kills another person, the homicide is manslaughter in the first degree. Now malice is not an ingredient or essential of the offense of manslaughter in the first degree. In manslaughter in the first degree, there must be either a positive intention to kill, or an act of violence from which ordinarily, in the course of events, death or great bodily harm may ensue. In order for a homicide to be reduced from murder to manslaughter, there must be no malice in the killing. In other words, it must not be malicious killing. If the killing is malicious even if it is done in the heat of passion, it is murder. Even if a killing is done in a sudden heat, excited by sufficient provocation if there is malice in it, it is murder, and if deliberation and premeditation are present, then it is murder in the first degree. Anger and rage do not reduce an unlawful killing from murder to manslaughter, if it has the other elements which are necessary to constitute murder, but if a killing is done in a sudden heat of passion, and the reason of the man- slayer is distributed or swayed by that passion, and this passion is excited by sufficient provocation, such as a blow or a threatened blow, and the killing is without malice, then it is manslaughter in the first degree, because such passion under such circumstances has disturbed the sway of reason.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption