Self Defense 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. Self-Defense in Oklahoma means that evidence has been introduced of self-defense as a defense to the charge that the defendant has committed the crime. It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting in self-defense. However, self-defense in a criminal case often comes down to who can present the better story to support their narrative: the defense attorney for their client’s self-defense claim or the government presenting a case against self-defense. Our Oklahoma criminal defense trial lawyers have fought and won this issue on multiple occasions and can help you in your case.
Jury Instruction
Self-defense is permitted a person solely because of necessity. Self-defense is not available to a person who was the aggressor, provoked another with the intent to cause the altercation, or voluntarily entered into mutual combat, no matter how great the danger to personal security became during the altercation unless the right of self-defense is reestablished.
A person who was the original aggressor, provoked another with intent to cause the altercation, or voluntarily entered into mutual combat may regain the right to self-defense if that person withdrew or attempted to withdraw from the altercation and communicated his or her desire to withdraw to the other participant(s) in the altercation. If, thereafter, the other participant(s) continued the altercation, the other participant(s) became the aggressor(s) and the person who was the original aggressor, provoked another with the intent to cause the altercation, or voluntarily entered into mutual combat is entitled to the defense of self-defense.
A person who was not the aggressor, did not provoke another with intent to cause an altercation, and did not voluntarily enter into mutual combat has no duty to retreat, but may stand firm and use the right of self-defense. A person is an aggressor when that person by his or her wrongful acts provokes, brings about, or continues an altercation, but words alone are not enough to make a person an aggressor.
The defense of self-defense is available to a person who was a trespasser only if the trespasser availed or attempted to avail himself or herself of a reasonable means of retreat from the imminent danger of death or great bodily harm, or bodily harm before repelling or attempting to repel an unlawful attack.
Oklahoma Jury Instruction #8-45.
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.