Excusable Homicide

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In order to be convicted of a crime in Oklahoma, the prosecution must prove all of that crime’s elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. 

Sometimes, however, a person might have a defense to why they did, or why they could not have, committed a certain crime. To have a Excusable Homicide in Oklahoma, evidence must be introduced that the homicide is excusable or committed by lawful means, with usual and ordinary caution, and without any unlawful intent, but occurs by accident and misfortune while doing some lawful act. A homicide is excusable when committed by accident and misfortune in the heat of passion, or upon any sudden and sufficient provocation, or upon sudden combat, provided that no undue advantage is taken, nor dangerous weapon used, and that the killing is not done in a cruel and unusual manner.

Excusable homicide is distinguished from killings termed justifiable homicide in that the latter involves the taking of life as a matter of right, such as self-defense or other statutorily defined cause. However, excusable homicide is where death results from a lawful act by lawful means, accomplished accidentally or by misfortune or misadventure, or accomplished with sufficient provocation, with no undue advantage and without unnecessary cruel treatment. The court has termed "misfortune" analogous to "misadventure," so that in a homicide situation "misfortune" means that, without unlawful intent, the lawful conduct of a person unfortunately causes the death of another.

Oklahoma Jury Instruction #8-28 and 8-29. 

Oklahoma Statute

The statute for the Excusable Homicide is OKLA. STAT. tit. 21 § 731, which states that Homicide is excusable in the following cases: When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent; and when 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.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with a crime in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.

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