The Basics of Self Defense in Oklahoma
The doctrine of self defense exists so that if one is attacked without warning, such person shall be allowed to act in self defense, rather than be required to act the part of the victim and submit to the assault. One is not, however, required to wait until the attack has successfully begun and the danger has manifested itself in order to protect himself. In other words, one may act sooner and thus prevent the possibility of any injury.
"Self defense" is when a person admits to the act charged, but claims justifiable or excusable conduct based on an imminent danger to one’s person or property . The Oklahoma statute defining self defense looks like this: ยง21-643. Self-defense; immunity; burden of proof. A. A person is justified in the use of deadly force against another, except in the circumstances specified in subsection B of this section, only if that person reasonably believes that they are in imminent danger of death or great bodily harm, and that it is necessary to use deadly force and to do so prevents that person from escaping the danger [as] presented.
The law of self-defense (or defense of others) is well established in Oklahoma with a very specific, complex, and nuanced historical context.
Stand Your Ground and Duty to Retreat
"Stand Your Ground" and "Duty to Retreat" are legal concepts that often come up in self-defense cases. The principle behind "Stand Your Ground" laws is that individuals have the right to use force to protect themselves, even if that means using deadly force, and even when that force involves conflict on their own property. This means that a person does not have a duty to retreat from confronting their attacker or danger prior to using deadly force.
In other words, if you are faced with a immediate, unavoidable threat or invasion of your property that could result in harm to you or a loved one, you can use any means necessary to stop that threat, including deadly force, and you do not have to flee before doing so.
Whereas "Duty to Retreat" laws require a person to attempt to flee from the danger before using deadly force. Oklahoma laws treat these principles differently than many other states. Oklahoma recognizes, by statute, a right to self-defense and self-defense that extends to the use of deadly force. Lawmakers give different names to this self-defense but it means the same thing: individuals have the right to defend themselves and their property with deadly force without first attempting to retreat.
Oklahoma’s "Stand Your Ground" laws apply in any place you possess a right to be (to use deadly force without attempting to retreat). However, people should be aware of the special wording in Oklahoma law that makes this right to use deadly force without retreating a little unusual.
Oklahoma law does require individuals to attempt to avoid an attack on their life or person if they can do so with complete safety. This leaves a little room for interpretation on any duty to leave a confrontation to collect your safety before resorting to force or deadly force on an attacker. Oklahoma law states:
"An initial aggressor is not justified in using deadly force if that force is in response to verbal provocation alone, or if the person against whom the use of deadly force has been employed has retreated from the encounter and has clearly expressed a desire to withdraw and terminate the encounter; provided, however, this paragraph does not apply if the person using deadly force has first been attacked with force likely to cause death or great bodily injury."
Some Oklahoma courts have interpreted this to mean that you must retreat if it is safe to do so. However, this is more of a guide than a strict rule. Any interpretation of these laws is going to depend on the circumstances in each case.
The Oklahoma Castle Doctrine
The Castle Doctrine is a common law doctrine that is followed in the state of Oklahoma. It allows individuals to use reasonable force or even deadly force to defend themselves in a place where they have the right to be against another person who is forcibly or unlawfully entering their dwelling to commit an offense. The law states that a person is presumed to have acted reasonably if they use physical force against another person who is committing burglary or robbery, or trying to break into an occupied dwelling. No statutory definition of a dwelling exists, but in practical terms, it can be anything from a house, to a business or even a motor vehicle.
An occupant is also presumed to have acted reasonably when making a decision to use deadly force if they reasonably believe that the intruder intends to either commit a crime against the occupant or his or her family, or if the occupant believes that the intruder intends to use deadly force against them. The law also gives allowances for any members of the household to use deadly force against an intruder if they believe that their deadly force will protect household members who reasonably believe they are in danger of being harmed.
Although the Castle Doctrine in Oklahoma does not require retreat if an individual is in a dwelling at the time of an altercation, it does require that the use of force be reasonable under the circumstances.
Reasonable and Justifiable Force
Under 21 O.S. 644(A)(B), a person is justified in using physical force against another when and to the extent that the person reasonably believes the use of such physical force is necessary to defend himself or herself or a third person from what he or she reasonably believes to be the imminent use of unlawful physical force by the other person and such force is immediately necessary to prevent such harm.
Criminal and Civil Liability and Immunity
Understanding that the use of physical force can have severe legal consequences, Oklahoma law provides various forms of protection for people who use physical force in self-defense or defense of others. Convictions based on self-defense are infrequent, but they do occur. Even when charged with a crime, some people do successfully argue otherwise avoided charges through the use of effective legal representation and their constitutional right to self-defense. While allegations of assault , battery and even murder can be argued under the self-defense laws, the protections extend beyond violence to other actions that might be necessary to protect yourself or another. For example, it is important to understand the limitations of any defensive actions that may be taken. For instance, using physical force is not an acceptable means to prevent someone from removing your property from your home, where you had invited them to be. Instead, the law would allow you to sue, but not to use force to take your belongings back.
Illustrative Examples
Denise Williams was charged with first degree murder in the 2008 shooting death of her husband, accountant, Eric W. Williams. Denise claimed her husband had chased her through their home and up onto the roof where she shot him in self-defense. Her conviction was thrown out on appeal in 2012, after the Court found that she was denied a fair trial when the judge repeatedly allowed the prosecution to mention elements of a Kansas state law that the defense argued should not be part of Oklahoma law. In Oklahoma, a person can be justified in using deadly force based on reasonable belief of an imminent unlawful assault, and can be excused from criminal liability under certain circumstances. Under Oklahoma State Law 21 O.S. – 732 A person is justified in the use of deadly force … when and to the extent … [t]hat he or she reasonably believes that the use of such force is necessary to prevent an imminent commission of any of the following: (a) rape; (b) forcible sodomy; (c) molestation or sexual abuse of a child under sixteen (16) years of age; (d) assault and battery with a deadly weapon or the intentional infliction or threatened infliction of great bodily injury; (e) burglary …." To establish a right to self-defense in Oklahoma, both an actual necessity and a reasonable belief of necessity must be proven. A defendant is not justified for deadly force if at the time of the offense he/she was the initial aggressor unless the aggressor withdraws from the encounter and effectively communicates such withdrawal.
Consult an Attorney
When you or a loved one has been involved in a self defense case in Oklahoma, the first call for help should be to an experienced and dedicated criminal defense lawyer. Self defense cases are not easy; they require the ability to understand the law, gather evidence, and present it properly at court in order to help the defendant provide an adequate and persuasive case . In addition to navigating the complexities of the law, without the right representation you may face a great deal of competition from other attorneys who hope to win their own cases. Self defense cases are high-stakes; there will be prosecuting attorneys who will want to see the case go to trial and come to a conviction for assault and battery, which is why securing the right legal assistance immediately is important.