Justified homicide in Oklahoma refers to instances where killing another person is legally permissible due to circumstances that warrant the use of lethal force. Understanding what constitutes justified homicide is crucial for anyone in a self-defense situation or other scenarios where one may use lethal force. Here, we’ll discuss different situations where justified homicide applies as well as the legal process.
Self-Defense or Defense of Others
Self-defense is one of the most common justifications for homicide. Under Oklahoma law, the person must have a reasonable belief that they are in imminent danger. This means that a reasonable person in the same situation would also believe that deadly force was necessary. Additionally, the threat must be immediate and not something that might happen in the future.
Oklahoma law also allows for the use of deadly force in defense of others. If a person reasonably believes another individual is in imminent danger, they are justified in using lethal force to protect that person. In either case, the force used must be proportional to the threat faced. Deadly force is only justified if the threat involves the potential for death or serious bodily harm.
Defense of Property As A Defense
The use of deadly force to protect property is more limited. In general, Oklahoma law does not justify homicide for the sole purpose of defending property. However, under the “Castle Doctrine,” a person is justified in using deadly force to defend their home against an intruder who has forcibly entered or is attempting to forcibly enter. The belief that the intruder intends to commit a violent felony is typically sufficient to justify lethal force.
Additionally, Oklahoma’s “Stand Your Ground” law extends the principles of the Castle Doctrine beyond the home. It allows individuals to use deadly force without a duty to retreat if they are in a place where they have a legal right to be and they reasonably believe that such force is necessary to prevent death or great bodily harm.
Legal Process for Justified Homicide
When a homicide occurs, law enforcement and prosecutors will thoroughly investigate to determine whether the act was justified. The process includes:
- Investigation: Police will gather evidence, interview witnesses, and assess the scene to understand the circumstances of the incident.
- Decision to Prosecute: The prosecutor will review the evidence to decide whether to file charges. If there is sufficient evidence to suggest that the homicide was not justified, charges may be filed.
- Defense: If charged, the defendant can argue that the homicide was justified. This involves presenting evidence and testimony to support the claim of self-defense, defense of others, or defense of property.
The prosecution bears the burden of proving beyond a reasonable doubt that the defendant’s actions were not justified.
What If The State Charges Me With Homicide
If the State of Oklahoma feels that the homicide is not justified and charges you they will normally have 4 different ways they will charge it. Like all other crimes whichever one they bring the State must prove each and every element of the crime to get their conviction. If they can not the case must be dismissed.
- First-Degree Murder (21 O.S. § 701.7): Intentional killing, often with premeditation or under certain circumstances (e.g., during a felony). This is of course the most serious of all homicide charges. Premeditation is the crucial element the State must show to get a conviction.
- Second-Degree Murder (21 O.S. § 701.8): Killing caused by imminently dangerous conduct showing a depraved mind, but without premeditation. Another example of second degree murder is when the death happens in the commission of a felony. This is referred to as the felony murder rule. A conviction for second degree murder carries a potential prison term of up to 10 years.
- Manslaughter:
- First-Degree Manslaughter (21 O.S. § 711): Killing without intent, often during heat of passion, or while committing a misdemeanor.
- Second-Degree Manslaughter (21 O.S. § 716): Negligent or reckless killing without intent. The state must show that you acted without the level of care someone in the same circumstances would have acted. Second degree involve a high degree of disregard for the life of another.
- Negligent Homicide (47 O.S. § 11-903): Causing a death through careless driving or other acts of negligence. This kind of homicide involve a failure to act with ordinary care. It does not involve a depraved heart.
Tulsa Justified Homicide Lawyers
Justified homicide in Tulsa is governed by laws that allow the use of lethal force in self-defense, defense of others, and, occasionally, defense of property. Understanding the legal standards and conditions under which homicide is justified is crucial for anyone involved in a potentially life-threatening situation. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.