Justifiable homicide involves the intentional and lawful killing of one person by another. Justifiable homicide results in no criminal liability when the killing takes place under specific circumstances outlined in 21 O.S. § 732 of the Oklahoma statues. These circumstances include self-defense, defense of others, defense of a home or business, prevention of felonies such as robbery, rape, and murder, lawful actions of law enforcement, and prevention of a riot.

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What is Justifiable Homicide?

Justifiable homicide is defined as an intentional killing that is legally allowed. Justifiable homicide occurs when a person uses deadly force for a lawful reason, such as protecting themselves or others from serious harm. Justifiable homicide is defined in the Oklahoma self-defense laws. Justifiable homicide requires a reasonable belief that deadly force is necessary in order to stop an imminent threat of death or severe injury. The belief must be reasonable and the force used must be necessary. Basically, the response must match the threat. Oklahoma law does not require retreat before using deadly force. An initial aggressor cannot claim justification unless that person clearly withdraws from the confrontation.

Justifiable homicide includes killings committed in self defense, defense of others, and defense of a home or building. Defense of habitation applies when the homicide occurs while preventing forcible or violent entry to the premises or stopping a forcible felony. Justifiable homicide applies to law enforcement officers acting within the lawful performance of their duties. It can apply when suppressing a riot or preserving the peace. Whether a killing qualifies as justifiable homicide depends on statutory standards and specific facts. When established, justifiable homicide results in no criminal liability.

While the law states that justifiable homicide occurs in an attempt to resist a felony, in fact only in the case of violent felonies against a person is lethal force justified. Oklahoma's self-defense laws allow a person to use deadly force against a person who jeopardizes personal safety, but not in defense of property.

If a "self-defense" claim is asserted, investigators will carefully work to determine whether the use of lethal force was necessary, reasonable, and lawful. If someone shoots and kills a masked intruder breaking into his or her home in the dark of night, it would be considered reasonable for the homeowner to have assumed that his or her life was in jeopardy. If a homeowner frightens a burglar away and shoots the suspect in the back during an attempt to flee, the use of lethal force is unnecessary and the shooter will likely be charged with murder.

What is the Jail Time for Justifiable Homicide?

There is no jail time or prison sentence for justifiable homicide. Justifiable homicide is not a crime. When a killing is legally determined to be justifiable, the law recognizes that the use of deadly force was lawful under the circumstances of the homicide. Because there is no criminal liability, there is no sentence, no incarceration, and no punishment. The key issue is whether the facts support the legal justification. If they do, the case ends without a conviction or punishment.

What is Are Examples of Justifiable Homicide?

Examples of justifiable homicide include the killing of a home intruder in self-defense by the occupants of the house and the killing of a suspect by a police officer during the lawful performance of their job.

Self Defense

An example of justifiable homicide in self defense of the home occurs when a homeowner shoots and kills an intruder who is unlawfully and forcibly entering the residence and poses an immediate threat to the occupants. This type of justifiable homicide is outlined in 21 O.S. § 733. For instance, a person is inside their home at night when an intruder forcibly breaks through a locked door and advances toward the occupants. The homeowner has reasonable cause to believe that the intruder intends to commit a violent felony and that deadly force is necessary to prevent serious harm or death. The homeowner uses a firearm to stop the intruder, resulting in the intruder’s death.

All required elements of justifiable homicide must be present for the killing in this example to be considered justifiable. These elements include an unlawful and forcible entry, an imminent threat which is not speculative or based on past fear. The homeowner must have a reasonable belief that deadly force is required to prevent death, great bodily harm, or a forcible felony. The force used by the homeowner must be proportional to the threat and necessary under the circumstances. The homeowner must not be the initial aggressor, and in Oklahoma there is no duty to retreat inside the home. When these elements are met, the law treats the killing as justified, not criminal.

Use of Deadly Force by Law Enforcement

An example of justifiable homicide involving the use of deadly force by law enforcement occurs when an officer uses lethal force to stop an immediate and serious threat while performing lawful duties. This type of justifiable homicide is outlined in 21 O.S. § 732. For example, an officer responds to a report of an armed suspect. During the encounter, the suspect points a firearm at the officer or another person and appears ready to fire. The officer reasonably believes that deadly force is necessary to prevent death or great bodily harm and uses that force, resulting in the suspect’s death.

All required elements must be present for the killing to be considered a justifiable homicide. The officer must be lawfully performing official duties at the time of the incident. There must be an imminent threat of death or serious bodily harm to the officer or others. The officer must have a reasonable belief that deadly force is necessary to stop that threat. The force used must be proportional and necessary under the circumstances. The action must not be punitive or retaliatory. When these elements are met, Oklahoma law treats the use of deadly force by law enforcement as legally justified rather than criminal.

Justifiable Homicide Vs Excusable Homicide

Excusable homicide is a killing that the law does consider a crime because it occurs under circumstances that remove criminal intent or wrongdoing. Excusable homicide applies when a death results from an accident or misfortune. Excusable homicide is not the result of an unlawful act. A homicide is considered excusable when one person causes the death of another by accident while performing a lawful act, using lawful means, exercising ordinary caution, and acting without any unlawful intent. A homicide is excusable when a death happens by accident in the heat of passion, following a sudden and sufficient provocation or during a sudden fight. This holds true so long as no dangerous weapon is used, no undue advantage is taken, and the killing is not carried out in a cruel or unusual manner.

Homicide is considered by Oklahoma law to be "excusable" under the conditions listed below.

• The death occurs by accident or misfortune when there is no unlawful act, intent, or means, and when the person responsible for the death was not negligent, practicing "usual and ordinary caution."
• The death was an unfortunate accident committed in "the heat of passion" if the person responsible for the death was subject to sudden combat or "sudden and sufficient provocation" if that person did not use a dangerous weapon or take undue advantage over the victim or perpetrate the death in a cruel and unusual manner.

If a death is pure accident without negligence, or if it is an accidental death arising from defending against a sudden attack, the person who commits the act is held harmless by criminal law.

Legal Defense Options

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