Defense of Consent in Oklahoma
In order to be convicted of a crime in Oklahoma, the prosecution must prove all of that crime’s elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case.
Sometimes, however, a person might have a defense to why they did, or why they could not have, committed a certain crime. There are two crimes against which the Defense of Consent can be brought in Oklahoma: Kidnapping and Burglary. Consent is a complex defense to present and a compelling story must be shown to the jury in your criminal trial to support the defense of consent.
The Defense of Consent to Burglary: A person who enters a dwelling with the consent or authorization of an owner or occupant of that dwelling does not commit a “breaking” and therefore cannot be convicted of burglary in the first or second degree or with explosives. Such consent or authorization to enter is adequate where it is given by one who has actual authority to give it or by one who reasonably appears to have such authority. It is the burden of the State to prove beyond a reasonable doubt that the defendant did not enter with the consent or authorization of an owner or occupant or one who reasonably appeared to have such authority. If it is found that the State has failed to sustain that burden, then the defendant must be found not guilty. This instruction should be given in a first or second degree burglary case or a burglary with explosives case where the evidence presented at trial sufficiently raises the issue of consent or authorization to enter.
Oklahoma Jury Instruction #8-58.
The Defense of Consent to Kidnapping: The defendant has raised the defense of consent. It is the burden of the State to prove beyond a reasonable doubt that there was no consent to the kidnapping/confining of the other person. Consent of the other person shall not be a defense if consent was obtained by threat or duress, or the other person was twelve years of age or younger. If it is found that the State has failed to sustain its burden of proof beyond a reasonable doubt, then the defendant must be found not guilty. This instruction should be given where the evidence presented at trial sufficiently raises the defense of consent.
Oklahoma Jury Instruction #8-59.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with a crime in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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