SELF-DEFENSE IN OKLAHOMA

If you have been in an altercation and you acted in self-defense then call me for a free confidential consultation. I will sit down with you and help you better understand if self-defense is available to you in your case.

Use of Deadly Force

A person is justified in using deadly force in self-defense if that person reasonably believed that use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm. Self-defense is a defense although the danger to life or personal security may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed that he/she was in imminent danger of death or great bodily harm.

Use of Non-Deadly Force

A person is justified in using force in self-defense if that person reasonably believed that use of force was necessary to protect himself/herself from imminent danger of bodily harm. Self-defense is a defense although the danger to personal security may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed that he/she was in imminent danger of bodily harm. The amount of force used may not exceed the amount of force a reasonable person, in the circumstances and from the viewpoint of the defendant, would have used to prevent the bodily harm.

When Self-Defense is not a Defense

Self-defense is permitted a person solely because of necessity. Self-defense is not available to a person who was the aggressor or who provoked another with the intent to cause the altercation or who 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.

No Duty to Retreat

A person who was not the aggressor and who did not provoke another with intent to cause an altercation and who did not voluntarily enter into mutual combat has no duty to retreat, but may stand firm and use the right of self-defense.

Who is the Aggressor?

A person is an aggressor when that person by his/her wrongful acts provokes, brings about, or continues an altercation. The use of words alone cannot make a person an aggressor.