Though many never imagine they will be in a situation that requires them to use lethal force to defend themselves from imminent threats of danger, these situations do happen. As such, understanding that self-defense laws are on your side to shield you is vital if you’ve had to protect yourself. Keep reading to learn more about this situation and discover how an Oklahoma City criminal defense lawyer can help you navigate these complex and overwhelming circumstances.
What Constitutes Self-Defense in Oklahoma?
Self-defense occurs when an individual believes they are faced with an imminent threat and uses force to nullify the threat. Whether this be through physically attacking the individual or using a weapon, self-defense methods can include assault and murder.
Though it seems straightforward, there are many complications surrounding this action. The circumstances surrounding these issues are often argued in court but generally include whether or not the threat actually existed and whether or not the person defending themselves initiated the altercation.
Legal Elements of Self-Defense
- Immediate, imminent danger or threat
- A reasonable person in the same situation would perceive the same danger
- The level of force is proportional to the threat
- You cannot be the initial aggressor
When Might You Need to Act in Self-Defense?
It’s important to understand that self-defense may be required in certain situations. Though these are often unimaginable circumstances, understanding when self-defense is warranted is critical.
Common Situations When Self-Defense May Apply
- Physical attack or attempted assault
- Violent home invasion
- Attempted sexual assault
- Protecting a child or other vulnerable person (defense of others)
- Armed robbery
- Carjacking
- Stalking
- Threats with a weapon
What Are the Different Self-Defense Laws in Oklahoma?
Stand Your Ground Law
Oklahoma is a “stand your ground” state, meaning citizens have the legal right to defend themselves and others from danger. There is no “duty to retreat” statute in Oklahoma, meaning those in imminent peril do not have to remove themselves from the situation, even if it is possible to do so safely. Stand your ground applies anywhere that you are legally allowed to be.
Castle Doctrine Law
However, Oklahoma also follows the “castle” doctrine under 21 OK Stat § 1289.25, which gives those in their home or business the right to protect themselves from intruders looking to harm them. If a homeowner has reason to believe they are in immediate danger of harm or death, they are entitled to use deadly force against the intruder.
Make My Day Law
The castle doctrine extends to include the “make my day” doctrine, which expands who is legally protected to defend themselves while in a home. For example, if you have a babysitter, and someone breaks in, the babysitter is legally allowed to use force to protect themselves, even though they are not technically the homeowner.
When Self-Defense Is NOT Justified Under Oklahoma Law
While it’s important to understand the situations in which you may be able to claim self-defense, there are a number of circumstances in which these claims would not be legally justifiable.
You Generally Cannot Claim Self-Defense If:
- You were committing a crime at the time
- You provoked the confrontation
- The threat is not imminent
- The other person was fleeing or no longer a threat
- You used excessive force
What Should I Do if I’ve Had to Defend Myself?
As you can see, there are many complications and considerations that must be made when it comes to self-defense. It is vital to ensure you enlist the assistance of an experienced attorney to help you protect your rights if you’ve had to use deadly force to protect yourself and others in the face of danger.
Step 1: Contact the Police Immediately
If you have had to use self-defense to protect yourself or others, you should contact the police as soon as it is safe to do so. Not only does this ensure that a report is filed, but it also allows you to provide your version of the events early to avoid appearing as the aggressor in the situation.
Step 2: Do Not Give Statements Without a Lawyer
Even when acting in self-defense, you should avoid giving statements to the police, as they can be twisted. Instead, politely but firmly inform the officers that you want to speak with an attorney and invoke your right to remain silent until your representation is present.
Step 3: Preserve Evidence
You should gather the following evidence, as it can help your case:
- Surveillance footage
- Photos of injuries
- 911 call
- Text messages or screenshots of threats
- Witness names and contact information
Step 4: Do Not Contact the Other Party
Regardless of the circumstances, you should not contact the other party or their family. This can be twisted as a threat or a means of intimidation against the other party.
Step 5: Contact an Experienced Oklahoma City Criminal Defense Lawyer
Unfortunately, without competent legal representation, you may be susceptible to a criminal conviction despite falling within the bounds of Oklahoma’s self-defense laws.
If You’re Facing Charges, Contact Our Team
When you need help, the Jones Firm, PLLC is ready to guide you. Our dedicated legal team understands the complexities of this matter, and we will do everything possible to help you achieve the best possible outcome for your circumstances. Contact us today to learn how we can assist you during your free consultation.
