Justifiable Homicide in Oklahoma

Homicide is a felony in Oklahoma. But there are circumstances where homicide is justifiable and therefore won’t bring felony charges. These cases are important to know, as they can mean the difference between your freedom and decades in prison – or even the death penalty.

Oklahoma recognizes three situations in which homicide in Oklahoma is justifiable:

Justifiable Homicide

In Oklahoma, justifiable homicide is defined as the act of taking another person’s life when it is necessary to prevent the other person from committing a felony, or to protect oneself or another person from imminent danger of death or great bodily harm. The law states that a person is justified in using deadly force if he or she reasonably believes that such force is necessary to protect himself or herself or another person from the imminent use of unlawful force.

Use of Deadly Force by Law Enforcement

There are situations where a law enforcement officer may be compelled to use deadly force in order to carry out their lawful duties. Note that not any action a law enforcement officer takes is justified, but there are many situations where this may be the case.

Some situations where a law enforcement officer may be justified in using deadly force include:

• Lawfully carrying out a court-ordered judgment of the death penalty
• Attempting to carry out an arrest or to prevent an escape from of a suspect from custody custody, if there is reason to believe (1) such force is necessary to prevent resistance or escape, and (2) there is probable cause to believe that the suspect has committed a violent crime, is armed with a deadly weapon, or is likely a danger to human life unless apprehended immediately
• If there is a reasonable belief that the use of deadly force is necessary to protect the officer or others from serious bodily harm during the execution of his or her legal duties
• The force is necessary to prevent the escape of a violent inmate likely to inflict serious bodily harm or to endanger human life if not apprehended

The state of Oklahoma and the right to due process and the ability to pursue justice through a fair trial. Nonetheless, a law enforcement officer is permitted to use the necessary force harm to themselves or others.

Excusable Homicide

As opposed to a justifiable homicide, an excusable occurs when the homicide is essentially an accident without any negligence involved. If the death occurs by accident or misfortune when there is no unlawful intent or act to cause the homicide and the person was practicing a “usual and ordinary” amount of caution, this can be said to be an excusable homicide.

Another major source of excusable homicide is if the death occurred in the “heat of passion.” If the person responsible for the death was subject to sudden combat or “sudden and sufficient provocation,” and 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.

Low-cost Consultation With a Justifiable Homicide Attorney in Oklahoma

If you find yourself charged with homicide in Oklahoma you need to start building your defense immediately. The best way to do that is with the help of an Oklahoma felony defense attorney. A felony defense attorney in Oklahoma will know the laws and how best they apply to your case. Call the Tulsa Criminal Defense Law Firm today at (918) 256-3400 for a low-cost initial strategy session.