Have you heard of the Castle Doctrine in Oklahoma? Most likely, and you just aren’t aware of exactly what it is and how it works. The Castle Doctrine is otherwise known as Stand Your Ground law. It means that if you feel threatened in your own home, that you are allowed to use deadly force to protect yourself. This doctrine has been around for years. Its used as an affirmative criminal defense in cases involving deadly force as a defense to people trespassing on your home. The Castle Doctrine has come back into the spotlight as many border states are pressing the issues when it comes to illegal immigrants on their property.
Changes In Oklahoma’s Castle Doctrine
Recently, Oklahoma lawmakers have voted to extend the Castle Doctrine. The expansion of the law includes use of deadly force, not only inside your home, but outside as well. How far outside? The answer might surprise you. The vote has allowed Stand Your Ground to extend to your property line. This means you don’t have to only be inside your home to be protected by the use of stand your ground. For example, if someone is threatening you while standing in your yard and you are in fear for your life, the law allows you to take action to defend yourself without being charged with a felony.
Stand Your Ground Doctrine
Stand your ground and the castle doctrine in Oklahoma are similar but apply to different self defense situations. The stand your ground defense relates to deadly threats that are not happening on your property. Stand your ground involves self defense when you are out in public or on someone else property. The first thing is that to use the defense you must be on the other property legally. In this case the law allows you to use a reasonable amount of force against someone that is threatening you with death or bodily harm. The reasonable component of the defense asks how another person in similar circumstances would perceive the threat. If the aggressor is threatening to kill you your fear of being killed is reasonable allowing you to use deadly force as self defense to protect yourself.
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In Oklahoma self defense is an affirmative defense in a criminal prosecution case. This means that the defense its not simply I wasn’t there or I didn’t do it. Rather, its a defense that must be raised pursuant to certain procedural limitations and requirements. When you’ve been questioned by Police or charged with a crime all defenses are the the table and we help you with that. The Tulsa criminal defense attorneys at Kania Law Office give you a legal advantage that you can count on. Get a free consultation today by calling 918.743.2233 or click here to ask a legal question.
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