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In a 2011 case, the issue was whether the defendant had the right to use lethal force to repel an unlawful intruder. Here are the facts of the case. The defendant shot a man named Brandon in the chest with a shotgun. The man had been in an abusive relationship with a young woman. She lived with her sister. Brandon came to their house, got in a fight with a young woman, and knocked her to the ground. He left the and then returned to the house sometime later. The defendant had never met Brandon that the woman told the defendant about him. After Brandon left, the defendant and his friend picked up the girls. They drove around and eventually wound up at Lake.
Later they returned to the girls house. Brandon later drove up neatly walked into the house uninvited. The defendant got his shotgun from his car. Brandon began hitting a friend who was on the couch. One of the women yelled at him to stop. As Brandon continued the attack, the defendant stepped inside the front door. He races shotgun and shot Brandon once in the chest. The defendant admitted shooting Brenda but told police it was an accident. He claimed self-defense at trial. You always want to get the best Tulsa criminal defense attorney.
On appeal, the defendant claimed that his prosecution was barred by the stand your ground law. Tulsa criminal defense attorney Stephen Cale said that the Oklahoma statutes provide that a person has a right to expect absolute safety and a place where they have the right to be, and that person may use deadly force to repel an unlawful intruder. A person has original fear of imminent death or great bodily harm to himself or another may use defensive force. That includes deadly force, said Tulsa criminal defense attorney Stephen Cale. The person against whom the forces use must commit an unlawful and forcible entry or act which prompts the use of deadly force. A person may use deadly force with no duty to retreat when he has the lawful right to be where he is, and we he reasonably believes the use of deadly force necessary. A person whose use of force is justified according to the law is immune from criminal prosecution and civil action.
The defendant in this case claimed throughout the proceedings that the statute applied to him and she and he should not have been prosecuted. The state responded that the statute does not applied to the defendant. The Oklahoma Court of Criminal Appeals agreed with the state. The statute states that in order for a person be justified in using deadly force, the person must not be engaged in an unlawful activity. In this case the defendant had an illegally modified weapon, that being his sawed-off shotgun. The time use deadly force he was engaged in an unlawful act. Therefore he does not get the benefit of the standard crown statute. That’s why you need the best Tulsa criminal defense attorney.
In reaching this conclusion, the appellate court found that the state legislature intended the Strauss standard ground provisions protect regular law-abiding citizens from intruder spent on criminal activity. It was not designed for people engaged in criminal activity to escape prosecution. On the other hand, the legislature did not intend to prohibit the use of the right of defense to persons may have committed minor infractions of the law. Examples of minor infractions include persons who are illegally parked or of outdated vehicle registration, have outstanding warrants for minor offenses, or are in arrears for child support payments.
Carrying away means removing an article for the slightest distance. Curing always more than mere chance or change of position. His movement for purpose of permanent relocation. A dangerous weapon is defined as any instrument likely to produce death or great bodily injury in a manner it is in fact used her attempt to be used. Fear used only as a means of escape is not sufficient to establish robbery.
A firearm is a weapon from which shot our projectiles discharge by force of the chemical explosive such as gunpowder. In again, such as a carbon dioxide gas powered air pistol, is not a firearm within the meaning of this definition. It should also be noted that archery equipment, flare guns, underwater fishing guns, blank pistols, and the like are not firearms.
Serious bodily injury is an injury that is craven not trivial, and which gives rise to a substantial risk of death. If you are looking for the best Tulsa criminal defense attorney, call the Cale law office at 918-277-4800. Attorney Stephen Cale aggressively represents his clients, he is totally worth the money.
When looking for criminal defense attorney, you want one who has several years of experience. Tulsa criminal defense attorney Stephen Cale has nearly two decades of legal practice. In addition to looking at how long the attorney has practiced, you want to look to see whether he concentrates on a certain area of law. Stephen Cale focuses his practice on criminal defense. Because of this he is still developed an expertise and criminal defense.
After you have hired attorney Stephen Cale, he will get started on your case right away. This includes filing motions for the state to disclose evidence that it has against his client. This is one way to see whether or not the state as a strong case. It may also reveal weaknesses in the State’s case. Tulsa criminal defense Attorney Stephen Cale always looks for a way to get the case dismissed. He will work hard to get a favorable result for you.
It has often been held that in Oklahoma the possession prohibited by the drug laws does not need to be actual physical custody of a controlled substance. It is enough that the state prove the accused have been in constructive possession of the illegal material by showing that defendant had knowledge of its presence and the power and intent to control its disposition or use. Further, possession does not need to be exclusive. A person may be deemed to be in joint possession of a drug which is in the physical custody of another person, if you willfully and knowingly shares with the other the right to control the contraband.
However, the Oklahoma Court of Criminal Appeals has repeatedly held that proof of mere proximity to a prohibited substance is insufficient. Whether the case is tried on the theory of sole or joint possession, proof that the accused was present at the place where drugs were being used or possess is, and an of itself, insufficient to justify a finding of possession. The must be additional evidence of knowledge and control. Is it any wonder that you need the best Tulsa criminal defense attorney?