Oklahoma, like many states, is a Stand Your Ground state. This means you do not have to retreat when faced with an imminent threat. This often goes hand in hand with the Castle Doctrine, which removes the duty to retreat when faced with a threat on your own property. These rights generally only extend to using force and weapons when you are faced with an imminent threat to your life or the lives of others. However, the recently passed House Bill 2818 in Oklahoma changes how the state applies laws like Stand Your Ground or the Castle Doctrine in regards to property. If you’re unsure what changes were implemented, the following blog explores what you must know about this new law and the importance of connecting with an OKC criminal defense lawyer to help you in the fight for justice.
What Is the New Change to Oklahoma Weapons Law?
Essentially, Oklahoma HB 2818 clears up the language regarding the use of weapons when protecting personal property, like your home or business. Also commonly referred to as the “personal property protection act,” by lawmakers and supporters of this change, individuals now have the explicit right to use firearms or other weapons against those who pose a threat to their personal property. Like the Stand Your Ground and Castle Doctrines, however, you’ll find that an individual generally must have reasonable fear of imminent danger or harm by the individual to brandish or use a weapon against someone whom they believe poses a threat to their personal property.
Essentially, this law has changed to expand the bounds of the Castle Doctrine. As such, homeowners do not have to worry about facing charges for brandishing a weapon when someone else poses a threat to their property.
What Should I Do if I’m Charged With a Weapons Offense in Oklahoma?
If you have been charged with a weapons offense while attempting to protect your home, business, or personal property when faced with a threat, it’s critical to understand your legal options. Generally, you’ll find that the most important thing you should do is inform the police officers that you would like an attorney and then revoke your right to remain silent. Under the Fifth Amendment of the Constitution, you have the right to refrain from speaking with police to protect yourself from incrimination.
You’ll find that your attorney will fight to show that your actions constitute self-defense under the new expanded laws as a means to fight to show that you are not criminally responsible for brandishing or using a weapon to protect yourself, your home, or your business.
As you can see, these laws can help clear up confusion regarding what you can and cannot protect using deadly force when faced with a threat. That is why it’s imperative to connect with a competent and experienced attorney with the Jones Firm, PLLC, as soon as possible. Our firm understands how the changes in laws can impact your case. Contact us today to learn how we can fight for you.
