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Being charged with unlawfully killing someone is one of the most serious charges anyone can face. Tulsa criminal defense attorney Stephen Cale explains some defenses for anyone faced with a homicide charge. Call Cale law office at 918-277-4800 to set up an appointment for your free initial consultation. You also get a free defense strategy plan.
When the most common defenses is the defense of self-defense. A person is justified in using deadly force in self-defense if that person reasonably believes that use of deadly force was necessary to prevent death or great bodily harm to himself or to and or prevent the commission of a forcible felony against himself.
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 believe that he was in imminent danger of death or great bodily harm.
Fear alone does not justify a lawful killing, said Tulsa Criminal Defense Attorney Stephen Cale. Norm a homicide be justified because of threats or insults by the person who was killed. Additionally person cannot justifiably kill someone when acting simply on subjective honest belief. Instead, homicide is justifiable when original person would have used deadly force. Homicide is also justifiable when the use of deadly force is reasonably necessary because the danger appears imminent. Lastly, the jury should view the circumstances from the viewpoint of the defendant. Statute provides that homicide is justifiable when resisting any attempt to commit any felony upon person using deadly force. However, the Court of Criminal Appeals is held that use of deadly force is not justifiable to prevent the commission of just any felony. The appellate court places a limitation on the any felony language. In other words, when those felonies which involve danger of imminent death or great bodily harm may be defended against by the use of deadly force.
Under state statutes also daily force may be used in lawfully suppressing any riot or in lawfully keeping a preserving the peace. Only one case has involved using deadly force to preserve the peace. There currently are no cases that involved invoking the use of deadly force to suppress any riot. In one Court of Criminal Appeals case the defendant had been asked by neighbor to come to her house to help start a fight that had erupted between her husband and a friend. When the defendant attempted to stop the fight, the friend began fighting with the defendant attack the defendant with a knife. The defendant killed the friend. The Court of Criminal Appeals reversed the conviction for first-degree manslaughter because the trial court failed to instruct on certain provision of the statutes involving preserving the peace. In this case the defendant had the right of self-defense. Hire the best Tulsa criminal defense attorney for your appeal.
Self-defense may also apply in situations involving battered women. A person is justified in using deadly force in self-defense if a person believes that the use of deadly force is necessary to protect herself from imminent danger of death or great bodily harm. Self-defense is a defense of the danger to life or personal security may not have been real, if a person, under the circumstances and from the viewpoint of the defendant, would reasonably believe that she was in imminent danger of death or great bodily harm. This type of defense is often used in the case of battered women syndrome cases. However, in these instances a person try to use this defense cannot be the aggressor, provoke the altercation, or voluntarily enter into mutual combat. This defense might also be applicable to a better man, or in appropriate circumstances, to a better child. However this has not yet been decided by now, Court of Criminal Appeals.
A person may also be justified in using non-deadly force. Person is justified in using force in self-defense if a person reasonably believes that use of force was the search protect himself from danger bodily harm. Self-defense is a defense although the the danger to personal security may not have been real as stated above. The amount of force used in this instance may not exceed the amount of force original person, under the circumstances and from the viewpoint of the defendant, what reviews to prevent the bodily harm. This defense may be used against any bodily harm that appears imminent, even such as a simple assault or a simple battery. Use of non-deadly force is justifiable even if the harm defended against is not necessarily rows fear death or great bodily harm. The amount of non-deadly force must be reasonable plea related to the amount of force defended against. Therefore as the amount of force defend against becomes greater the amount of force which may be justifiably used becomes greater. Excessive force does not justify self-defense. If force defend the cats put a person visible fear of imminent death or great bodily harm, the amount of permissible force in response can be deadly force. However, mere threats to not justify the use of force, said Tulsa criminal defense attorney Stephen Cale.
The prosecutor has the burden to prove beyond a respond out the defendant was not acting in self-defense. If a jury finds that the prosecutor has failed to sustain that burden, then the defendant must be found not guilty. The defendant asserting self-defense must first come forward with sufficient evidence to raise self-defense as an issue, list the state has produced evidence that has raised the issue. Fight the chance of going to prison with the best Tulsa criminal defense attorney.
Self-defense is permitted to persons because of necessity. So for defense is not available to a person who was the aggressor, promote another with intent to cause the fighter altercation, or voluntarily entered into mutual combat, the matter how great the danger to personal security came to altercation list the right of self-defense is reestablished. A person may regain the right to self-defense if the person with true or attempted to withdraw from the altercation a community has catered his desire to withdraw to the other participants in the fight. If afterwords, the other participant continue the altercation the other participant became the aggressor in the person who was the original Esser perverts another with intent to cause the five, or voluntarily entered into mutual combat, is entitled to the defense of self-defense.
For serious criminal charges call Tulsa criminal defense attorney Stephen Cale at 918-277-4800.