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Question for someone who know OK self defense law.

HeyEng

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Yes, one would think.

Does anybody here "know?"

Oklahoma lawyer here. The law is the law, or so it would seem. However, if you have never been on trial in front of a jury of "your peers" then you don't know what that *really* means. Long story short, there is rarely a scenario that is clear cut. Yes, the written law gives a pretty good guide and yes, attorneys can give you advice that follow along those lines, but in the end..what YOU do and what YOUR jury decides may not follow what you and your attorney team deems to be a lawful action. *IF* a business client asked me what he/she should do it such a scenario, I would tell them this: Increase your insurance coverage if applicable and reduce the deductible, also if applicable. And, finally...the most important advice I would offer: STAY THE F* HOME. Juries are prone to give you the benefit of the doubt if you are defending your HOME. A commercial business in Oklahoma, though? Not nearly enough case law to tell you how it might pan out if you did as some have suggested.

I know there are a lot of questions after the 17 YO was charged with murder. This is a muddled ****-show with no one having clean hands. There is enough video evidence and eyewitness accounts to build and support whatever narrative you want. I (and several other attorney friends who are on both sides of the "law") think the DA charged to keep the peace; charges will be reduced eventually and DA will hope for a plea. Or if not, he has a growing legal defense fund, so I am not sure he would take a plea in the first place and just fight it out instead.
 

nemesis

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if not, he has a growing legal defense fund........

Where? His GoFundMe account has been cancelled by GoFundMe, even though they continue to have active accounts for rioters/insurrectionists/protesters.

But my inquiry has been satisfied. I was wondering if, since Oklahoma is a civilized free state, there might be written laws that allows Chu to defend, with lethal force, not only his home but his flower shop as well. (Note: there is no "Chu." It's all hypothetical. I used him because of the famous Korean shop owners on the roof during the LA riots.)
 

bigfug

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There is no "Knowing",,,
It's all up to the DA at first,,,
Then the jury if you are charged.

There is no statute in Oklahoma law that states specifically where it's absolutely permissible to kill someone.

You're always taking a chance.

Aarond

.

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, places of business or places of worship and have the right to establish policies regarding the possession of weapons on property pursuant to the provisions of Section 1290.22 of this title. B. A person, regardless of official capacity or lack of official capacity, within a place of worship or a person, an 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. a. 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, place of business or place of worship, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, occupied vehicle, place of business or place of worship. b. 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; or 2. The person who uses defensive force knew or had a reasonable belief that the person against whom the defensive force was used entered or was attempting to enter into a dwelling, residence, occupied vehicle, place of business or place of worship for the purpose of committing a forcible felony, as defined in Section 733 of t
 

Snattlerake

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Oklahoma lawyer here. The law is the law, or so it would seem. However, if you have never been on trial in front of a jury of "your peers" then you don't know what that *really* means. Long story short, there is rarely a scenario that is clear cut. Yes, the written law gives a pretty good guide and yes, attorneys can give you advice that follow along those lines, but in the end..what YOU do and what YOUR jury decides may not follow what you and your attorney team deems to be a lawful action. *IF* a business client asked me what he/she should do it such a scenario, I would tell them this: Increase your insurance coverage if applicable and reduce the deductible, also if applicable. And, finally...the most important advice I would offer: STAY THE F* HOME. Juries are prone to give you the benefit of the doubt if you are defending your HOME. A commercial business in Oklahoma, though? Not nearly enough case law to tell you how it might pan out if you did as some have suggested.

I know there are a lot of questions after the 17 YO was charged with murder. This is a muddled ****-show with no one having clean hands. There is enough video evidence and eyewitness accounts to build and support whatever narrative you want. I (and several other attorney friends who are on both sides of the "law") think the DA charged to keep the peace; charges will be reduced eventually and DA will hope for a plea. Or if not, he has a growing legal defense fund, so I am not sure he would take a plea in the first place and just fight it out instead.

Might be true but I do feel his dreams of becoming a police officer are severely tainted no matter what the outcome. The media will see to that. Maybe in a small department somewhere.
 

Mad Professor

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In light of national events in RAT controlled cities.

For example. If Norman erupted the way Portland has. Shipped in, insane criminals professing anti American ideology are attacking Bob's Bookstore. They've already broken a front plate glass window and are preparing to enter with gasoline. The assumption is they're going to burn it down.

Does Bob have to wait until they actually set foot onto the property before he uses lethal force to defend himself?

What if the above scenario involved Bob's home? If the loonies are in the neighborhood and in Bob's yard, and Bob believes they are preparing to attack his home, does he have the right (as per OK law) to preempt the attack with lethal force?

A question best asked the same attorney that you would hire to defend your actions if you were forced in the same situation.


Remember all the folks here defending Tim Harper’s actions at Twin Peaks?
 
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