Second Degree Manslaughter
Manslaughter in the Second Degree is a mitigated homicide charge, classified so because it was done without malice, and is generally resulted from recklessness or criminal negligence. Second-degree manslaughter occurs when a human is killed by an offender’s act, procurement, or culpable negligence if the killing doesn’t qualify as murder, first-degree manslaughter, or justifiable homicide.
The term “culpable negligence” refers to the omission to do something which a reasonably careful person would do, or the lack of the usual ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions.
All homicide charges, including Manslaughter in the Second Degree, are serious offenses in Oklahoma. It is crucial you retain a Fierce Advocate, experienced criminal defense attorney, and crimial trial lawyer to fight for you, if you have charges of this magnitude pending in criminal court.
The statute for Manslaughter in the Second Degree is OKLA. STAT. tit. 21 § 716, which states that every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter,1 is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.
Elements of the Crime
In order to be convicted of Manslaughter in the Second Degree in Oklahoma, the prosecution must prove each of the following 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. In order to be convicted of this crime; the government must prove:
1) The death of a human;
2) the death is unlawful;
3) the death was caused by the culpable negligence of the defendant(s).
Oklahoma Jury Instruction #4-103.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Manslaughter in the Second Degree 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.
Our Client Reviews
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"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
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