When Can I Use Deadly Force to Defend Myself in Oklahoma?

While most people don’t anticipate being in potentially violent situations, dangerous encounters can happen to anyone. When your safety is threatened, it can be intimidating to take action, especially if the situation requires the use of deadly force.

Like most U.S. states, Oklahoma has laws in place to protect individuals who must resort to using deadly force to defend themselves in dangerous circumstances. However, certain conditions must be met for deadly force to be justified.

In this blog, we’ll review specific circumstances in which you can use deadly force to defend yourself in Oklahoma, as well as the legal implications and potential consequences of doing so.

What Constitutes “Justifiable Use of Deadly Force” in Oklahoma?

From home burglaries to road rage incidents, understanding your right to justifiable use of deadly force is imperative to protect your life and loved ones. Under Oklahoma’s self-defense doctrines, individuals can lawfully defend themselves or others without criminal penalties in specific circumstances. These include:

Preventing a forcible felony;
Preventing imminent death or great bodily harm to themselves or others; or
Defending against an intruder in their home.

Understanding Your Right to Self-Defense in OK

Understanding your self-defense rights is essential to avoid unintended consequences in criminal court. There are various legal protections in place to protect Oklahomans who must resort to using deadly force when faced with grave bodily injury or death (O.S. § 21-1289.25). These include:

The “Stand Your Ground” Doctrine: This law states that an individual has no duty to retreat from a threatening situation before using reasonable force to defend themselves against death, serious bodily injury, or the commission of a forcible felony. Under this doctrine, citizens can use deadly force as a last resort in places where they have a legal right to be, such as their property or vehicle.
The “Castle” Doctrine: This doctrine allows homeowners to use reasonable force, including deadly force, to protect themselves from intruders in their homes. Similarly to Oklahoma’s “Stand Your Ground” law, this doctrine only applies if the homeowner has a reasonable belief that the intruder intends to commit a felony, inflict bodily harm, or cause death. However, a key limitation applies in cases of domestic abuse, in which the person under threat must attempt to retreat before responding with deadly force.
The “Make My Day” Doctrine: This law expands on the self-defense protections afforded to homeowners under the “Castle” doctrine by allowing Oklahomans to use deadly force against intruders even in dwellings they don’t own, including homes and businesses where the person has a legal right to be. For example, if your house sitter encounters an intruder in your home while you’re away, they are legally allowed to defend themselves using reasonable force.

What Constitutes Justifiable Homicide?

Justifiable homicide involves an individual using lethal force in self-defense or defense of others. Unlike murder or manslaughter charges, justifiable homicide occurs when a person uses deadly force to prevent a forcible felony or imminent death or great bodily harm to themselves or others, such as while defending their home against an intruder.

Penalties for Justifiable Homicide

It’s important to understand that even in cases of justifiable deadly force, individuals can still face serious legal consequences. Oklahoma has specific laws in place that outline potential penalties for those who use deadly force under the state’s self-defense laws, including:

Civil penalties: If a person uses excessive or unnecessary force when defending themselves, they may face civil lawsuits from the injured party or their family members, even if the use of force was justifiable.
Criminal penalties: While state self-defense laws protect individuals who must resort to using deadly force under certain circumstances, they don’t provide complete immunity from criminal charges. Prosecutors can still bring charges against a person who uses deadly force, although these cases can be difficult to win if all criteria for justifiable deadly force were met under Oklahoma law.

What if I’m Arrested for Using Deadly Force in Self-Defense?

While state laws protect individuals who use deadly force in self-defense, this doesn’t guarantee immunity from criminal charges. If you were arrested for using deadly force, your case will be evaluated depending on whether or not the force was justified (e.g., "reasonable force").

If you were charged with manslaughter, murder, or other criminal offense after using deadly force in defense of yourself or others, securing a robust defense from a qualified criminal defense attorney is imperative to safeguard your freedom and avoid the lifelong consequences of a criminal conviction.

Aggressively Defending Your Rights in Tulsa

At Enlow Law, our Tulsa attorneys are committed to safeguarding your rights and hard-earned reputation. Our veteran-owned firm has over 30 years of experience in helping clients like you navigate a wide range of criminal offenses, making us well-equipped to represent your best interests in criminal court. Whether you’re facing charges for a gun crime or sex offense, our highly skilled trial lawyers can establish a robust defense on your behalf and fight tirelessly to reduce or dismiss the charges against you. Don’t throw away your freedom and future by failing to seek experienced representation! Turn to our award-winning trial lawyers to defend your rights.

If you were arrested for a crime in Tulsa, securing aggressive representation is a must to avoid the harsh penalties of a conviction. Call (918) 212-5359 to schedule a free consultation with our seasoned defense lawyers.