First degree manslaughter charges are addressed in the Oklahoma case of State v. Haworth.  In this case, Mr. Haworth made an attempt to pass a vehicle on a state highway.  However, he did this in a “no-passing zone”.  As a result, Mr. Haworth collided with an on-coming vehicle.  In the collision, one person in the on-coming vehicle died.  Mr. Haworth was charged on first-degree manslaughter and convicted.  On appeal, the court upheld the charge citing that Mr. Haworth was committing another crime when the fatality occurred.

First Degree Manslaughter and the Elements

Oklahoma Title 21 §711 is the statute governing first-degree manslaughter charges.  In order to convict an offender, the State must prove certain elements.  These are that (1) a death occurs (2) that is unintentional (3) but during the commission of a misdemeanor crime, or during the “heat of passion” or through use of excessive force, and (4) the death happens in a cruel or unusual manner.

So, as the court shows above, Mr. Haworth was committing a misdemeanor crime when he head-on collided with the other vehicle.  One of the passengers died, but it was not an intentional killing.  Further, the passenger died in a way that was violent and not in the course of a natural death.  This is the cruel and unusual part.

Possible Defenses to First Degree Manslaughter

While every case is unique, several defenses might be available depending on the facts:

1. Self-Defense or Defense of Others

If the defendant killed someone because they reasonably believed they were facing imminent death or great bodily harm, they may have a valid self-defense claim under Oklahoma law.
The key is whether the force used was reasonable under the circumstances.

2. Accident

If the death was truly an accident — meaning the defendant did not act with criminal negligence or recklessness — it may be possible to argue that no crime occurred. Oklahoma recognizes that not every fatal accident is a criminal act.

3. Lack of Criminal Intent

For many first-degree manslaughter cases, the State must show at least reckless or negligent behavior. If the defendant’s actions were reasonable or not criminally negligent, they may not be guilty.

4. Insufficient Evidence

As with any criminal case, the State has the burden of proof. If prosecutors cannot prove each element of manslaughter beyond a reasonable doubt, the defendant is entitled to an acquittal.

5. Provocation and Heat of Passion

In some situations, showing that the defendant was provoked and acted in the heat of passion can reduce a murder charge down to manslaughter. In other cases, it can be a mitigating factor to lessen the severity of the punishment.

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Potential Punishment in Oklahoma

Once you receive a conviction for manslaughter charges, you will face imprisonment and possible restitution fees to the victim’s living relatives.  The sentence is a minimum 4-year term, but if your actions are blatant and reckless enough, you may face life.  Further, the restitution may result in thousands of dollars and medical expenses for anyone else hurt in the incident.  Our attorneys understand the need for holding people responsible for their actions.  However, we know it must occur fairly and thoroughly, and not simply a knee-jerk reaction.  Let us ensure that you receive a fair trial and have a solid defense on your side.