How Oklahoma’s ‘Stand Your Ground’ Law Applies To Deadly Force

A 75-year-old home-owner shot and killed a person breaking into his Midtown residence on Tuesday.

Whereas it is initially levels of the investigation, it might probably be a case the place Oklahoma’s Stand Floor Legislation could possibly be utilized.

The Tulsa County District Legal professional’s Workplace cannot speak about this particular case because it’s nonetheless being investigated, however they see circumstances involving self-defense on a regular basis.

They encourage all individuals to learn the Stand Your Floor Legislation. When doubtful, the DA’s workplace stated have a look at the legislation, be taught it and reside by it.

“It’s best to lookup the legislation. Title 21 Part 1289.25. You may actually google Stand Your Floor Legislation Oklahoma and click on on it and truly learn the previsions so that you simply perceive your rights,” stated Erik Grayless, 1st Assistant DA. “[A] one who is rightfully in a spot the place they reside like a residence, a enterprise or a spot of worship has a proper to face their floor and their not required to retreat from an individual who’s breaking in. An individual who’s attempting to commit a felony towards them.“

First Assistant DA Erik Grayless stated the Stand Your Floor Legislation permits individuals to make use of lethal pressure towards an intruder.

“The legislation presumes you have been scared so you do not have to subjectively show that you simply have been afraid,” stated Grayless.

Grayless stated the legislation does have some grey space. “Can somebody use lethal pressure towards somebody who’s on their grass? It’s gonna rely on the person info and circumstances of the case. I believe the legislation may be very clear that if you’re residence or coming into your house, so the act of really coming in, that does very particularly match into the legislation,” stated Grayless.

Tulsa Police stated a house owner shot and killed a burglar who acquired into his residence by means of a again window Tuesday afternoon close to fifteenth and Harvard.

Officers stated the person fired not less than one shot on the burglar who then crawled out the again earlier than he collapsed within the entrance yard. Police are investigating.

Grayless stated they will not file expenses in clear lower circumstances of self-defense.

“A lower and dry case the place somebody clearly was defending their residence from a burglar or robber, the District Legal professional’s workplace is rarely going to even see these circumstances. The legislation presumes in that scenario that you simply acted lawfully, and the statues instruct the police to not even arrest you. These sorts of circumstances, they’re cleared out on the entrance finish by the police division. Now if there’s a query, a sticky scenario, we work in shut tandem with the police companies,” stated Grayless. “There are particular conditions the place the legislation doesn’t apply. If you’re doing one thing unsuitable the legislation doesn’t apply. In case you have the possession of an unlawful firearm, the legislation doesn’t apply.”

The suspect had earlier convictions in Cherokee and Tulsa Counties for housebreaking, concealing stolen property and stolen automobiles and he was at the moment on a suspended sentence.

He was charged in July with working a chop store, however that was nonetheless pending.

Associated story: Housebreaking Suspect Shot, Killed By Tulsa Home-owner, Investigation Continues