The self-defense laws of Oklahoma extend prosecutorial immunity to individuals that use reasonable force to protect themselves and others from serious bodily injury or death. The self-defense laws of Oklahoma include the "Stand Your Ground", the "Make My Day", and the "Castle" doctrines. The Stand Your Ground Doctrine allows a person who is in a place lawfully and not engaged in criminal activity to use physical or deadly force without a duty to retreat when they reasonably believe it is necessary to prevent imminent death or serious bodily harm. The Make My Day Doctrine provides immunity from criminal and civil liability when a person uses deadly force against an intruder who unlawfully and forcibly enters a dwelling, residence, or occupied vehicle, if the occupant reasonably believes the intruder intends to commit a violent act. The Castle Doctrine permits a person to use reasonable physical or deadly force to defend themselves against an intruder within their home or other protected place.

These self-defense doctrines are embedded within the definition of Oklahoma Statute Title 21 section 1289.25 of the state penal code. This section of the penal code is referred to as the Oklahoma Firearms Act of 1971. The doctrines of the Oklahoma Firearms act of 1971 give immunity from criminal prosecution and civil liability to a person who uses physical or deadly force against an assailant when specific elements for self-defense are present.

What is Self-Defense Under Oklahoma Law?

Self-defense is a legal concept that gives individuals the right to protect themselves and others from death, significant bodily harm, or the perpetration of a violent felony against them by using reasonable force. Reasonable force includes the use of deadly force under circumstances laid out by Oklahoma law. Self-defense is a valid legal strategy used by criminal defense lawyers when their client kills someone in order to protect themselves or others such as in a home invasion. When someone acting in self defense kills another person, defense lawyers attempt to show the homicide was justifiable based on the threat to their client or to others.

The specific details of the killing determine whether or not self-defense is a reasonable claim. A defendant claiming "self-defense" must demonstrate that the threat of imminent harm was present, that they were NOT the initial aggressor, and that they responded with the appropriate force necessary under the circumstances.

Is Killing in Self-Defense Considered Justifiable Homicide?

Yes. Under Oklahoma law, self defense qualifies as justifiable homicide when statutory requirements under 21 OK Stat § 733 are met. In Oklahoma, a killing is considered justifiable homicide when a person uses deadly force because they reasonably believe they need to in order to prevent imminent death, great bodily harm, or stop a forcible felony against themselves or someone else. The belief that lethal force is necessary must be reasonable based on the circumstances surrounding the homicide. The threat must be immediate, not speculative or based on past conduct.

Oklahoma law does not require a duty to retreat, including inside the home, but a person claiming a homicide is justified cannot be the initial aggressor unless they clearly withdraw from the confrontation and the threat continues. The force used must be proportional and necessary to stop the danger.

What Happens After You Shoot Someone in Self-Defense?

There is an investigation by law enforcement after a self-defense shooting in Oklahoma to determine if the use of deadly force was legally justified. The most important issue in terms of self-defense is whether there was a reasonable justification for the shooter to use deadly force. Reasonable justifications include to prevent death, serious bodily harm, or to prevent a forcible felony such as murder or rape. If the shooting is considered justified, no criminal charges are filed regardless of whether the person lives or dies. If the shooting is not considered justified and the person survives, the shooter can be charged with shooting with intent to kill or assault with a deadly weapon. If the person dies and the shooting is considered unjustified, the shooter can be charged with homicide.

What to Do After Shooting Someone in Self-Defense?

Follow the steps below after a self-defense shooting in Oklahoma.

1. Put the gun in a safe place that is out of physical reach.
2. Place a call to 911 and request emergency officer assistance
3. Do NOT admit to the shooting
4. Hang up and wait for police to arrive on the scene
5. Once law enforcement arrives, request to speak to an attorney
6. DO NOT speak to law enforcement without an attorney present

The shooter is taken into police custody while the investigation takes place. A self-defense attorney provides the shooter with legal counsel and explains the next steps in the process.

What Happens to Your Gun After a Self-Defense Shooting?

The weapon is confiscated, logged, and processed into evidence after a self-defense shooting. Next the weapon is sent to a government agency to test for fingerprints (latent prints), proper firing capabilities, gunshot residue (GSR) and rifling in order to see what type of ammunition the gun is capable of firing. Do not make any attempt to hide or dispose of the weapon after a self-defense shooting. Prosecutors will characterize this type of behavior as an acknowledgement of guilt.

When Can You Shoot Someone in Self-Defense in Oklahoma?

Oklahoma's Stand Your Ground law states that a person has the right to use force, including deadly force when justified, to defend themselves or others from death, serious physical harm, or a forcible felony while in their home, or in any location where they have a legal right to be. The circumstances of the act must be legally justified for the shooting to be considered self-defense. The legal conditions that justify the use of force or deadly force in self-defense include that the shooter is in a place where they have a right to be, the shooter is not engaged in an unlawful act, and the shooter reasonably believed deadly force was necessary to prevent death, bodily harm, or a forcible felony.

Can You Shoot Someone for Trespassing Oklahoma?

You cannot shoot someone for trespassing on your property in Oklahoma unless the trespasser becomes the "initial aggressor" and their actions create a reasonable expectation that death, serious bodily harm, or a forcible felony will occur. If these conditions are met, it becomes legal to use force, including deadly force, to stop them.

If someone trespasses on your property and is not a physical threat, the best option is to call law enforcement. Self-defense is an option to trespassers who try to retreat from danger or an unlawful attack.

Can You Shoot Someone Breaking into Your Home?

It is legal to shoot someone for unlawfully and forcibly breaking into your home in Oklahoma. The Castle Doctrine, part of Oklahoma's Stand Your Ground law (21 O.S. § 1289.25) gives a person the right to use force, including deadly force, to defend themselves against someone who breaks into their home. The Castle Doctrine presumes that the homeowner reasonably feared death or significant bodily harm when facing a home invader. This justifies the use of deadly force.

How Many Times Can You Shoot Someone in Self-Defense?

The number of times you can shoot someone while acting in self-defense depends on the circumstances of the situation. Once the aggressor has been neutralized, it is no longer legal to shoot them. If a single shot disables the aggressor, it is not legal to continue shooting them until they die. If more than one shot is required to eliminate the treat, you are allowed to shoot as many times as a reasonable person would in order to prevent harm or a forcible felony. If he aggressor tries to run away or escape it is NOT leal to fire shots at them.

What Self-Defense Weapons are Legal in Oklahoma?

Oklahoma allows the use of any lawful weapon to defend yourself or others. This includes handguns, rifles, shotguns, pepper spray, tasers, stun guns, knives, clubs, and batons. Essentially self-defense includes the use of "deadly force" by any legal means. There is no list of allowed or disallowed weapons that can be used in self-defense. If a weapon can cause death, it can be used as a way to defend yourself or others.

An important distinction is the use of a firearm by a convicted felon. The use of a firearm by a felon negates their ability to receive pre-trial immunity under the "Stand Your Ground" law. This does not eliminate the use of self-defense as a legal defense at a jury trial.

What is the Punishment for Killing Someone in Self-Defense?

There is no criminal punishment for killings that are legally determined to be self-defense in Oklahoma. Individuals cannot be criminally convicted when they are found to have acted in self-defense either through pretrial immunity under Oklahoma's Stand Your Ground law or through a successful affirmative defense at trial. When immunity is granted before trial, there is no criminal or civil liability. Those found not guilty at trial based on self-defense do not face criminal liability, but could still face civil liability due to the lower burden of proof in civil cases.

Can You Go to Jail for Killing in Self Defense in Oklahoma?

Yes, it is possible for you to spend time in jail for killing in self-defense in Oklahoma. Arrest and detention is likely while law enforcement investigates the circumstances of the killing to determine if the use of deadly force was necessary. Cases in which the person who was shot died are treated as homicide investigations. Prosecutors argue for detention based on concerns about public safety.

A judge will often deny bond in cases that involve death, especially if the charges against the shooter are for murder. This results in the shooter being detained in county jail while the defense counsel gathers evidence and presents arguments demonstrating the use of force was justified under Oklahoma self defense law.

Is Killing in Self-Defense Charged as Murder in Oklahoma?

No, killing someone in self-defense is not charged as murder in the state of Oklahoma, so long as the killing meets the criteria of being considered legally justified. Justifications include a reasonable fear of imminent peril, the use of force, and a legal reason for being in the location where the killing occured. By contrast, murder charges involve malice aforethought, causation, and no legal justification.

Is Killing in Self-Defense Charged as Manslaughter in Oklahoma?

No, killing in self-defense is not charged as manslaughter in Oklahoma so long as the killing is legally justified. Manslaughter charges involve unlawful killings that occur without legal justification, in the heat of passion, and with adequate provocation.

What is the Oklahoma Stand Your Ground Law?

The Oklahoma Stand Your Ground law is a self-defense rule that states a person is not required to retreat if confronted by someone engaged in criminal activity, and that they can protect themselves with lethal force if they believe that their own lives are in jeopardy. Oklahoma's Stand Your Ground doctrine is outlined in 21 O.S. § 1289.25(D). The purpose of the Stand Your Ground law in Oklahoma is to allow individuals to protect themselves from imminent threats of death or serious bodily harm without being legally required to retreat from a place where they are lawfully present. The “Stand Your Ground” doctrine does not require that the person invoking it be at their dwelling. It only requires that they have a right to be legally present at the location of the confrontation.

Oklahoma is a Stand Your Ground state. “Stand Your Ground” replaced “Make My Day” doctrine in Dawkins v. State, 2011 OK CR 1, ¶ 9, 252 P.3d 214, 218, and further expanded self-defense protections beyond the confines of one’s home.

In 2011, the Court of Criminal Appeals of Oklahoma concluded that the Legislature intended the “Stand Your Ground” provisions to protect law-abiding citizens. Therefore the court held that the benefits of this statute exclude persons who are actively committing a crime. The excludes minor infractions like persons who are illegally parked or have an outdated vehicle registration. Id at ¶ 11.

What is a Stand Your Ground Law Example?

An example of the Stand Your Ground law in Oklahoma involves a person who is sitting in their parked car at a gas station when another individual aggressively approaches, attempts to open the car door, and threatens serious bodily harm. The person in the parked car reasonably believes that the threat is immediate and that the use of force is necessary to prevent injury or death. The person uses force to stop the attack rather than running away. Under Oklahoma’s Stand Your Ground law, the person has no duty to retreat because they are lawfully present at the gas station, not engaged in unlawful activity, and using reasonable self defense against an imminent threat of force.

What is Make My Day Law in Oklahoma?

The Oklahoma Make My Day law is a self-defense rule that provides prosecutorial immunity to a person who uses deadly force against an intruder who unlawfully and forcibly enters a dwelling, residence, or occupied vehicle. The Make My Day doctrine is outlined in 21 O.S. § 1289.25(B), extending the Castle Doctrine protections to any lawful occupant of a dwelling, not just the homeowner. The purpose of the Make My Day doctrine is to reinforce the principle that homeowners have the right to feel safe in their own dwelling, to remove hesitation in moments of immediate danger, and to prevent victims of home invasions from being punished for acting to protect themselves or others from violent intrusion. The Make My Day doctrine requires that the occupant of the dwelling, residence, or vehicle has a reasonable belief that the intruder intends to commit an unlawful act involving force or violence. Oklahoma recognizes this doctrine as a statutory extension of self defense principles, commonly associated with castle doctrine laws, and it removes the duty to retreat when a person is lawfully present in a protected location. The doctrine applies only when the intruder's the entry is both unlawful and forcible. It requires a reasonable belief of imminent danger, meaning it does not protect the use of force against lawful occupants, invited guests, or situations involving mere trespass without a violent threat.

The “Make My Day” doctrine was an attempt by Oklahoma courts to expand self-defense protections of the Castle Doctrine to other persons legally in the dwelling, not just the homeowners. “Make My Day” doctrine was explained in State v. Anderson, 1998 OK CR 67, 972 P.2d 32. The Court of Criminal Appeals of Oklahoma held that a person who is legally in the dwelling of another is justified in using any degree of physical force, including deadly force, against another person who has made an unlawful entry onto that dwelling.

What Is An Example of the Make My Day Law?

An example of someone who may invoke the "Make My Day" doctrine is a babysitter. A babysitter is not the homeowner of the dwelling she is in, but may protect herself and the children in the dwelling if they are threatened by an intruder. The “Make My Day” doctrine requires that the person invoking it must have had a reasonable fear of imminent peril of death or great bodily harm to himself or another when using the defensive force.

This contrasts with the Castle Doctrine, which would not offer the babysitter any immunity, since she is not the homeowner or resident of the dwelling.

What is the Castle Doctrine in Oklahoma?

The Oklahoma Castle Doctrine states that a homeowner is legally justified to use deadly force against an intruder when there is a reasonable belief that there is a danger of great bodily harm or death. The Castle doctrine is outlined in Oklahoma self-defense law 21 O.S. § 1289.25(B). The purpose of the Castle doctrine is give homeowners the ability to act decisively in dangerous situations, to deter home invasions, and to prevent victims of unlawful entry from being criminally or civilly punished for defending themselves or others inside their own home. This English common law rule, now adopted by Oklahoma as part of the Oklahoma Firearms act of 1971, recognizes that Oklahoma citizens have a right to expect absolute safety within their own homes or places of business.

However, it is important to note that Oklahoma has placed a limitation of this doctrine in domestic abuse cases by requiring that the person invoking the doctrine first attempt to retreat before responding with deadly force. This requirement attempts to remedy the contradicting notion that a person may invoke this doctrine against a spouse who is also legally in the dwelling and no intrusion has actually occurred.

What is an Example of the Castle Doctrine?

An example of the Castle Doctrine in Oklahoma involves a homeowner who is inside their residence when an intruder unlawfully and forcibly breaks into the home late at night. The homeowner hears the forced entry, reasonably believes the intruder intends to commit a violent act, and uses force to stop the intruder inside the home. Under Oklahoma’s Castle Doctrine, the homeowner has no duty to retreat and is legally justified in using force, including deadly force if reasonably necessary, because the intrusion is unlawful, forcible, and occurs within the protected space of the dwelling where the law presumes a reasonable fear of imminent harm.

What Are the Elements of Self-Defense in Oklahoma?

The elements of self defense in Oklahoma are the legal requirements that must be proven for a person’s use of force to be justified rather than criminal. Self-defense is appropriate under certain circumstances when one is faced with danger to their life or personal security. Under Oklahoma law, a self-defense claim requires an objective and subjective standard. Perryman v. State, 1999 OK CR 39, ¶ 9, 990 P.2d 900, 904.

First, under the objective standard, the fact finder must determine whether the person invoking the defense believed that he or she was faced with imminent danger of death or great bodily harm before the use of physical and/or deadly force. Id. Second, under the subjective standard, the fact finder must determine whether the defendant’s belief was reasonable. Id.

When evaluating the second requirement, courts view the situation from the subjective perspective of the defendant and the defendant’s belief must be found to be objectively reasonable. The bare belief that one is about to suffer death or great personal injury will not, in itself, justify taking the life of one’s adversary. Id. (citation omitted). Oklahoma courts have held that an aggressor, or one that enters into a confrontation armed, may not later invoke a self-defense claim, unless he retreats and then is attacked.

What is a Self-Defense Attorney?

A self-defense attorney is a criminal defense attorney that offers legal representation to individuals who are accused of using force against another person. a self-defense attorney argues that the force was legally justified under the self defense laws of Oklahoma. The criminal defense attorney builds a defense that demonstrates that their client reasonably believed force was necessary to prevent imminent death, serious bodily harm, and that their client acted lawfully under the circumstances. A self defense attorney analyzes evidence, witness statements, and use of force standards outlined in the Oklahoma Firearms Act of 1971, and applies doctrines such as Stand Your Ground, Castle Doctrine, or Make My Day when applicable to seek dismissal, acquittal, or reduced charges for their client.