No one ever expects to find themselves in a position where they must make the life-altering decision to take another’s life. But in the eyes of the law, yes, there are circumstances in which killing another person may not constitute a crime.
At Jacqui Ford Law, we understand that situations involving the loss of life are deeply emotional and complex. We pride ourselves on providing our clients with compassionate and exceptional legal counsel and representation. With years of experience and a reputation for handling complex criminal defense cases, our attorneys, led by Jacqui Ford, are dedicated to defending your rights.
When it comes to situations involving justifiable homicide, understanding the intricacies of the law is crucial, and we are here to guide you through it.
What is Justifiable Homicide?
Justifiable homicide is defined as the “no-fault” killing of another person because killing the person was necessary to save your own life or the life of someone else. What differentiates justifiable homicide from regular homicide is the absence of criminal intent.
Examples of justifiable homicide include:
- Self-defense shootings
- Capital punishment
- Some deadly police shootings
If, for instance, you are a store owner and someone tries to rob you at gunpoint, and you shoot and kill the suspect, that could be considered justifiable homicide. Similarly, if a police officer is pursuing a criminal suspect who threatens or uses physical force against the officer, that could be another case of justifiable homicide.
What is a Justifiable Homicide in Oklahoma?
In Oklahoma, a homicide is justified when it’s committed by someone under the following conditions:
- Resisting Murder or Felony: When you are resisting the person’s attempts to murder you or commit a felony against you
- Self-Defense or Defense of Others: When you are legally defending yourself or someone else against the person you killed because you reasonably believed that lethal force was necessary to prevent your own death or great bodily harm or to stop the person from committing a forcible felony. Forcible felony is defined as any felony that involves the use of or threat of physical force or violence against someone else.
- Suppressing a Riot or Detaining for Felony: When the homicide was necessary because you were trying, by lawful means, to detain someone for committing a felony, or because you were trying to lawfully suppress a riot or preserve the peace.
These provisions are designed to ensure that individuals can protect themselves and others when faced with significant threats to their safety.
Understanding Oklahoma’s “Make My Day” Law
In some states, the concept is referred to as the Castle Doctrine, based on the idea that a man’s home is his castle. In Oklahoma, however, this law is more commonly called the “Make My Day” law, presumably in reference to Clint Eastwood’s famous phrase in Dirty Harry: Go ahead, make my day.
This law expands Oklahoma’s self-defense and justifiable homicide laws. It is based on the premise that Oklahomans should be able to feel “absolute safety” in their home, business or personal vehicle.
What Does the “Make My Day” Law Entail?
The Make My Day law states that someone who has “reasonable fear of imminent peril of death or great bodily harm” when another person illegally enters their home, business, or vehicle, they are justified in using deadly force. However, the law has specific exceptions:
- No right to be there: The person you defend yourself against must be illegally entering your property (home, business, or vehicle).
- No protective order: The law does not apply if there is a valid protective order in place or if the person has a right to be in the property (e.g., the owner or title holder).
- No unlawful activity: The law does not apply if you were engaged in unlawful activity or were using your property to further illegal acts.
This law is intended to ensure that individuals have the right to defend themselves when they are under immediate threat.
Complexities of Justifiable Homicide Cases
Cases involving justifiable homicide are rarely straightforward. These situations often involve a multitude of factors that must be carefully considered. Several elements can significantly influence the outcome of such cases, including:
- The nature of the threat: Was the force used proportional to the threat?
- The level of danger: Was the individual’s life in immediate danger?
- The individual’s response: Did the person act impulsively, or was the situation premeditated?
Due to the intricate nature of these cases, it’s crucial to approach them with a comprehensive understanding of the law and how it applies to each unique set of circumstances. Having proper guidance with the help of a legal advocate ensures that all aspects of the case are fully explored and your rights are protected throughout the process.
Contact Our Criminal Defense Lawyers at Jacqui Ford Law Today
At Jacqui Ford Law, we are committed to helping you understand the legal complexities of your case and will advocate fiercely for your rights. Our team will review the facts carefully and work to ensure you receive a fair and just outcome.
If you or someone you love was involved in a case of justifiable homicide, contact us today at 405-604-3200 for an initial confidential consultation.
