Disparity of Force - A question for OSA Legal Eagles

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Glocktogo

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In Oklahoma, as in most other states, it all comes down to whether you were reasonably in fear of death or grave bodily harm. Disparity of force is not mentioned by name anywhere in the Oklahoma Statutes, or any Oklahoma case law I am aware of, but it is certainly an argument you can make to a jury as to why you were reasonably afraid of death/GBH. You could bring in an expert witness like Ayoob to testify as to the dangers of disparity of force, and why it might cause a reasonable man to have that type of fear.

IANAL, but this. When someone is threatening/attacking you and they do not display or use a weapon that could cause death/GBH, your defense is still going to rely on reasonable and articulable fear of death or GBH. Will law enforcement upon hearing your statement believe you were justified to use deadly force? The DA's office? The jury? Keep in mind that even if the person you shot is a through and through dirtbag, their family is going to be crying on the news and calling you a murderer. It would be foolish to dismiss this as having bearing on your case. Pressure to prosecute can make your life miserable.

Motive intent and opportunity to cause you death or GBH will also factor in. Did the attacker threaten to kill you? Why did they do this? Did they act with force that could be reasonably construed by a lay person to cause you death or GBH?

From here it could branch of into thousands of what if's. That would be a disservice to the main point in disparity of force. The attaker has no means to cause you death or GBH from more than arms length. Unless you're literally backed into a corner from which there is no escape, un-assing the area and regrouping from a secure location is the best option. You can always catch your breath faster than you can clear a post shooting investigation.
 

ripnbst

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Did you stay at a holiday inn.... ??
.You should have been saying...I was in fear for my life ,so i stopped the threat, now i must rest,

.if said lineman was attacking ..Me..see above

.OH i didnt stay at the inn ,or go to college

Did I kiss your girlfriend or something?

Just so you know, it only applies the "Holiday Inn Express". Go to college.
 

twoguns?

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Did I kiss your girlfriend or something?

Just so you know, it only applies the "Holiday Inn Express". Go to college.

I cant make the comment about kissing my girlfriend>

INN, EXpress same to me , remember I didnt go to college, it would have been a waste of time with my extreme skilled trades talent


.kinda along the lines of my girlfriend ...I was only pokeing fun ,didnt mean to poke too hard... ;)

.Apologys to any offended
 

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