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Deadly force is not just available to protect yourself, but in defense of others. Tulsa criminal defense attorney Stephen Cale explains the justifiable use of deadly force. If you’ve been charged with a crime call the Cale law office at 918-277-4800 and set up your free initial consultation. You’ll also get a complementary defense strategy plan.
A person is justified in using deadly force in defense of another person when the person using force reasonably believes that use of deadly force is necessary to prevent death or great bodily harm to another, stop or prevent the commission of a felony that involve the use or threat of physical force or violence against any person. Defense of another’s defense although the danger to the life or personal security of the person may not have been real, if a result person, under the circumstances and from the viewpoint of the defendant, would reasonably believe use of deadly force was necessary to prevent death or great bodily harm to another, stop or prevent the commission of a felony that involve the use or threat of physical violence against any person.
Person is justified in using original force in aid or defense of another person was about to be injured during the commission of a crime. Person is justified in using force in defense of another if that person reasonably believed that use of force was necessary to protect another from imminent danger of bodily harm. Defense of another is a defense although the danger to the personal security of another may not been real, if a reasonable person, and the circumstances and from the viewpoint of the defendant, would reasonably have believed that another was in danger of bodily harm. The amount of force used may not exceed the amount of force original person, under the circumstances and from the viewpoint of the defendant, would have used them bodily harm. It should be pointed out the justifiable use of nondeadly force in defense of another is not limited by any specific named persons. Therefore a person can come to the defense of any other person nondeadly reasonable force. It’s a person defendant against should then accidentally be killed it is not material whether the homicide is called excusable or justifiable for purposes of criminal law because in either instance, the defendant is entitled to be found not guilty.
The prosecutor has the burden of proving beyond the risible doubt that the defendant was not acting in defense of another. The jury finds state has failed to meet that burden, the defendant must be found not guilty. Defense of another is permitted as a defense solely because of necessity. Defense of another’s not available to defendant when the person on whose behalf the defendant intervene was the aggressor, provoked another with intent to cause the altercation, voluntarily entered into mutual combat, no matter how great the danger to personal security became during the altercation unless the right of defense of another is reestablished. Defense of another is available if the person on whose behalf the defendant intervened was not the original aggressor, do not provoke another with intent to cause the altercation, did not voluntarily enter into mutual combat, the defendant may act on his reasonable belief that the person is in imminent danger of death or great bodily harm or bodily harm.
Tulsa criminal defense attorney Stephen Cale says that, under the law, a person is an aggressor when that person by his wrongful conduct provokes, brings about, or continues in altercation. Defense of another is available to the defendant when the person on whose behalf the defendant intervened as a trespasser only if a trespasser build are tempted to avail himself of any reasonably safe means for treat from the imminent danger of death, great bodily harm, or bodily harm, before repelling or attempting to prepare pal an unlawful attack. A trespasser is defined as a person who has entered without consent, is unlawfully upon the land of another, refused to leave the land of another after lawful request to leave has been made.
Bodily harm is defined as any touching of the person against his or her will with physical force, in an intentional, hostile, and aggressive manner. Deadly force is defined as force intended or likely to cause death or great bodily injury. The law defines great bodily harm as serious and severe bodily injury. Such injury must be of a greater degree than mere battery. Imminent danger is danger that is pressing, urgent or immediate. A reasonably safe opportunities defined as an opportunity to to retreat with complete safety.
A person is justified in using force that is intended or likely to cause death or great bodily harm to another person who was in the process of unlawfully and forcefully entering a dwelling, residence, occupied vehicle, or place of business, if the person using the force knew or had a reason to believe that an unlawful and forcible entry was occurring or had occurred. A dwelling means a building or conveyance of any kind, includes any attached porch whether the building or conveyance is temporary or permanent, mobile or in mobile, which is a roof over it, including a tent, and is designed to be occupied by people. A residence means a dwelling in which the person resides either temporarily or permanently or is visiting as an invited guest. The vehicle means a conveyance of any kind whether his motorized are not. And which is designed to transport people or property.
There are instances in which a person is not justified in using force. Person is not justified in using force if the person against whom the force is used and the right to be in the dwelling place for residents are occupied vehicle. An example would be an owner let see or titleholder however there cannot be a protective order in fact or a written pretrial supervision order of no contact against that person.
Also a person is not justified in using force if the person’s sought to be removed our children grandchildren, or in the lawful custody or guardianship of the person against whom force is used. Additionally person is not justified in using force if the person who uses force is engaged in, using the dwelling, etc. to further an unlawful activity.
For the best Tulsa criminal defense attorney, call Stephen Cale at 918-277-4800.