Suicide by...robbery,mugging?
OSA members - what do you think of this (Home Defense Case in Lawton)?
- Thread starter mugsy
- Start Date
In most cases of self-defense a person has to prove they were justified in their actions. Under Oklahoma law isn't this burden is shifted onto the State to show it was not a case of self-defense?
Michael
Doesn't this say it is up to the State to prove it wasn't self-defense? Under the law the assumption is that it was self-defense.
Michael
Killing in self defense is homicide. The question is whether it is justified.
Regardless of the statute it would serve you well to be able to articulate that you were in fear of serious bodily harm or death. I think this guy got that memo too:
""He did make a statement and all he could think of was going home to his family and he was trying to protect himself. He didn't know what was going to happen.""
100% justified.
I think what the intruder used is irrelevant. It doesn't matter if he didn't have any weapons at all. He was clearly not there for any good reason.
TITLE 21 § 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A.
The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute
safety within their own homes or places of business.
B.
A person or a owner, manager or employee of a business is presumed to have held a reasonable fear of
imminent peril of death or great bodily harm to himself or herself or another when using defensive force
that is intended or likely to cause death or great bodily harm to another if:
1.
The person against whom the defensive force was used was in the process of unlawfully and
forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle,
or a place of business, or if that person had removed or was attempting to remove another against the
will of that person from the dwelling, residence, occupied vehicle, or place of business; and
2.
C.
The person who uses defensive force knew or had reason to believe that an unlawful and forcible
entry or unlawful and forcible act was occurring or had occurred.
The presumption set forth in subsection B of this section does not apply if:
1.
The person against whom the defensive force is used has the right to be in or is a lawful resident of
the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a
protective order from domestic violence in effect or a written pretrial supervision order of no contact
against that person;
2.
The person or persons sought to be removed are children or grandchildren, or are otherwise in the
lawful custody or under the lawful guardianship of, the person against whom the defensive force is
used; or
3.
The person who uses defensive force is engaged in an unlawful activity or is using the dwelling,
residence, occupied vehicle, or place of business to further an unlawful activity.
D.
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she
has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with
force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
E.
A person who unlawfully and by force enters or attempts to enter the dwelling, residence, occupied vehicle
of another person, or a place of business is presumed to be doing so with the intent to commit an unlawful
act involving force or violence.
F.
A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is
justified in using such force and is immune from criminal prosecution and civil action for the use of such
force. As used in this subsection, the term criminal prosecution includes charging or prosecuting the
defendant.
G.
A law enforcement agency may use standard procedures for investigating the use of force, but the law
enforcement agency may not arrest the person for using force unless it determines that there is probable
cause that the force that was used was unlawful.
TITLE 21 § 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A.
The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute
safety within their own homes or places of business.
B.
A person or a owner, manager or employee of a business is presumed to have held a reasonable fear of
imminent peril of death or great bodily harm to himself or herself or another when using defensive force
that is intended or likely to cause death or great bodily harm to another if:
1.
The person against whom the defensive force was used was in the process of unlawfully and
forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle,
or a place of business, or if that person had removed or was attempting to remove another against the
will of that person from the dwelling, residence, occupied vehicle, or place of business; and
2.
C.
The person who uses defensive force knew or had reason to believe that an unlawful and forcible
entry or unlawful and forcible act was occurring or had occurred.
The presumption set forth in subsection B of this section does not apply if:
1.
The person against whom the defensive force is used has the right to be in or is a lawful resident of
the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a
protective order from domestic violence in effect or a written pretrial supervision order of no contact
against that person;
2.
The person or persons sought to be removed are children or grandchildren, or are otherwise in the
lawful custody or under the lawful guardianship of, the person against whom the defensive force is
used; or
3.
The person who uses defensive force is engaged in an unlawful activity or is using the dwelling,
residence, occupied vehicle, or place of business to further an unlawful activity.
D.
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she
has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with
force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
E.
A person who unlawfully and by force enters or attempts to enter the dwelling, residence, occupied vehicle
of another person, or a place of business is presumed to be doing so with the intent to commit an unlawful
act involving force or violence.
F.
A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is
justified in using such force and is immune from criminal prosecution and civil action for the use of such
force. As used in this subsection, the term criminal prosecution includes charging or prosecuting the
defendant.
G.
A law enforcement agency may use standard procedures for investigating the use of force, but the law
enforcement agency may not arrest the person for using force unless it determines that there is probable
cause that the force that was used was unlawful.
Do grown man "scuffle"?
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