The best defense for you will always depend on the specifics of your case. There is no one size fits all defense, which is why it’s so important that you work with a local lawyer who is familiar with state law and the Oklahoma City courts and prosecutors. Check out this site to learn more, and read on to learn about some common defenses.
Self-Defense
This is one of the most common defense against the charge of assault and can be a way to completely clear you. In order to prove that self-defense was justified, you have to show a variety of elements. Your lawyer will know how to do so using the evidence at hand.
You have to show that there was a real threat of harm or force being used against you and that it was reasonable for you to fear that you were in danger of being harmed. You also have to show that both the threat and your fear were unprovoked: in other words, you didn’t do something to push the other person into threatening you. Finally, you need to show that you couldn’t have escaped the situation easily and without putting others or your property in danger, and that you really had no alternative but to fight back.
Even in a self-defense situation, however, the amount of force you use must still be appropriate, and that definition can be very much subject to interpretation. The prosecution may try to argue that, even if you were acting in self-defense, your response was unjustifiably forceful. You need a lawyer to evaluate the evidence to show that your response was commensurate with a threat against you.
Defense of Others
This defense is similar to the first one. The only difference is that you were acting to protect someone else instead of yourself. As with self-defense, you must prove that there was a genuine threat; that there was no other, more reasonable way to deal with the situation; and that your defense of the other person was commensurate with the degree of threat against them.
Defense of Property
In Oklahoma, you are permitted to use force to stop a trespasser from making an illegal invasion onto your property. However, the use of force here must be measured. You were only allowed to use the amount of force necessary to stop the intrusion. In other words, if someone is trying to break in a window, and you scare them off so that they immediately run away, you can’t then chase them down to “punish them” for the behavior.
There are other possible defenses, so be sure to talk with a lawyer as quickly as possible to explore what’s right for you.
