Duress 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. To support a Duress defense in Oklahoma, evidence must be introduced that the person committed the act(s) or omission(s) which constitute the crime because of a reasonable belief that he/she or his/her spouse or child was in imminent danger of death or great bodily harm from another.
The statutory language places no restriction on the kinds of crimes for which the defense of duress is available. In prosecutions for escape, no instruction on duress or involuntary escape should be given unless the defendant was in imminent and immediate danger at the time of the escape and returned to custody at the first opportunity. Duress can be limited because person is not entitled to the defense of duress if he/she fails to use a reasonably safe opportunity to escape from the imminent danger of death or great bodily harm. Duress is a complex defense to present to a jury. It is important the Oklahoma criminal defense lawyer you hire has the experience necessary to tell your story in a compelling fashion. The list of jury instructions that explain duress in Oklahoma are the following: Oklahoma Jury Instruction #8-19, 20, 21, 22, 23.
The statute for the Duress is OKLA. STAT. tit. 21 § 156, which states that a person is entitled to assert duress as a defense if that person committed a prohibited act or omission because of a reasonable belief that there was imminent danger of death or great bodily harm from another upon oneself, one’s spouse, or one’s child.
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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