3 Critical Stand Your Ground Rules in Oklahoma

The Oklahoma Stand Your Ground law is grouped with the Castle Doctrine and is found at 21 Oklahoma Statutes, Section 1289.25. Subsection B, is the Castle Doctrine, and subsection D, is the Stand Your Ground law.

A person who is not engaged in an unlawful activity, and who is attacked in any other place where he or she has a right to be, has no duty to retreat and has the right to stand his or her ground, and meet force with force, including deadly force, if he or she reasonably believes that it is necessary to do so to prevent death or great bodily harm to himself or herself or another, or to prevent the commission of a forcible felony.

Let’s talk about what Stand Your Ground Law means in a nutshell.

There are rules. Do not provoke the incident. Do not create the confrontation. Don’t be the aggressor. Don’t commit other crime or felonies, and try to assert the law of Stand Your Ground. Don’t be a trespasser: you have to be in a place where you’re legally authorized to be. Those three things will prevent you from successfully arguing Stand Your Ground Law.

An Important Misconception: You will automatically be granted immunity.

In Oklahoma, you will only be granted immunity by the judge who is hearing the case after you’ve been charged with a serious felony (manslaughter or murder, or some homicide)—after the judge has heard evidence from your side and from the prosecution’s side, and decided that your side, the side that is arguing for Stand Your Ground, is worthy of getting the immunity. Therefore, it’s a long and arduous path to getting stand your ground immunity.

Not all jurisdictions in our wonderful country have Stand Your Ground Laws. Some states barely have self-defense.

Please check with U.S. LawShield before you travel to other states and ask whether those states have Stand Your Ground Laws.

 

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