The Oklahoma Castle Doctrine, in essence, affords homeowners the right to protect their homes with deadly force using a gun. It was once a common law theory, meaning that it was an understood right, but not a formally written law. Unfortunately, not all laws are black and white, therefore, citizens who exercise their right under the Castle Doctrine, or the Castle Law, might find themselves charged with murder if they, for instance, shoot the intruder and the intruder dies. A U.S. Law Shield Program lawyer would use the Castle Doctrine as a self-defense theory if you stood your ground in your home and criminal charges were brought against you.
Our Legal Right to Feel Safe and Defend Our Homes
As citizens of the United States, we have the right to feel safe in our homes or places of business. However, there are still laws that outline what is required or expected of us before we elect to use deadly force. In Castle Doctrine self-defense types of cases, the burden of proof leans on the defendant and the defendant’s attorney and the statutes are usually strictly interpreted in the court of law.
Requirements of the Castle Doctrine
While the basic requirements of the Castle Doctrine are written clearly, not all situations that occur are as cut and dry as the law. Decisions that could affect the rest of people’s lives are made in split seconds. That is why it is vital people not only understand their rights under the Castle Doctrine, but also the requirements that must be in place to exercise the self-defense theory.
The initial requirement for claiming a Castle Doctrine defense is you must be inside your home – not the front yard or the backyard, but inside the home. The next requirement is that the intruder must be attempting to commit – or have already committed – an unlawful entry into your home. Evidence of the unlawful entry is crucial in these types of cases and it has to be proven that utilizing deadly force was reasonable.
Some states have a duty to retreat clause in their Castle Doctrine, while others do not require a homeowner to walk – or run – away from the intruder before exerting deadly force. It is vital to understand the law in your state and whether it requires a duty to retreat. If you have been charged criminally for a choice that you believe was self-defense under the Stand Your Ground or Castle Doctrine in Oklahoma, contact a U.S. Law Shield Program attorney as soon as possible.
Contact A Strong Legal Representative
If you have any questions or you are in need of some guidance regarding a specific gun law case, do not hesitate to contact the Robles Law Firm online or by calling 405-232-7980.