This is sad , but , true. There is always the chance that you will become the criminal if too many stories of the incident are told. Our Castle doctrine will protect us civil suits that may be filed against us after a SD shooting. If the shooting doesnt get ruled SD then we are wide open for the perp or his family to financially ruin us.
This is sad , but , true. There is always the chance that you will become the criminal if too many stories of the incident are told. Our Castle doctrine will protect us civil suits that may be filed against us after a SD shooting. If the shooting doesnt get ruled SD then we are wide open for the perp or his family to financially ruin us.
Because men get married ? I don't understand where mother inlaws
come in the picture ? I'm just sayin that not to many jury's would convict a man for killing someone that has broken into his house !
But if you stop and think about the lodgical thing to do is call the police
and let them handle it unless you or your Family are in danger then by all means
do what you have to do to protect your family !!
Oklahoma law is relevant not the law in other states.
The fact is that OK law states quite clearly that if someone enters your residence unlawfully that they are presumed to be there with the intent to cause you lethal or severe bodily harm.
That's it pure and simple.
Sure the DA can probably charge you if you blow someone away in the middle of the night who unlawfully entered your home but the burden of proof is on him to prove you were not defending yourself or others and that's pretty tough to do.
SDA doesn't cover every eventuality - no law can but I am unaware of anyone being prosecuted that fell under it without there being fishy circumstances involved like luring the deceased to your home as an example.
Give it up Bruno2. This is OK not NY or CA. If someone breaks into your home you are within the law to shoot them. You may have to defend yourself at trial (rare that it happens here) but if you do odds are strongly in your favor you'll get a walk.
I had an incident at my house last spring and after talking with the police very thoroughly about it the subject was still very unclear. Half of the police responding said there was no need for deadly force . The other half said there was a need. With this being said by my LEO here in OK I have to believe that I would have been charged and then billed .
Here is the interesting part that many of the people on this board dont understand about defending yourself in a criminal trial. You have to have enough money to finance the defense. Posting bail will take a big chunk of money right off the top. Then the Da will mopre than likely offer a plea bargain to you upon waving a trial. The plea bargains become very appealing whencponsidering how much money it costs to effectively defend yourself. Paralel that with the stress opf the maximum sentence being given to you if you choose to take it to trial and lose. Then you have your lawyer telling " I think we can win , but , I cant guarantee it. Then the plea becomes very appealing. I have seen a lt of cases where people with strong cases plead out. This situation is the last place you want to be if not totally necessary.A plea means a loss of rights that includes RKBA.
What was the incident that wasn't clear?
If deadly force would have been justified. The officers that had issues with the deadly force scenario said that b/c I knew the person and let them in that it wouldnt have been justifiable. I was attacked by a former employee and his wife. His wife was beating me over the head with everything she could get her hands on while I was kicking her hubby's butt all over my house. I threw him out the door and my wife pulled his wife off of me and they went at it . I let them handle their business b/c my old lady was in the drivers seat the whole time. She shoved the employees wife out the door , but , couldnt get her to let go of the door frame. So they were in a big dog knot in the front door. While this was going on the ex employee started trying to position himself where he could punch my wife. I leaned as far as I could get out the door to defend her and he kept moving to where I couldnt get to him. Now keep in mind both of my kids were in the house while this was going on. I decided it was time to enforce our Castle doctrine since it was escalating to getting out of hand. I produced and told my wife to clear out of the doorway. When she did the employees wife came charging at me like a ninja trying to grab the gun. So instead of shooting her , I pistol whipped her into compliance up side her head. Then her husband decided he was going to come back in the house. So I took aim and asked him to please not do that and lucky for both of us he didnt. We threw his wife back outside and locked the door. While I was checking the wifey out to make sure she wasnt hurt the ex employee informed me that he was calling the police and that I was going to jail for assault and battery. I wasnt going to involve the cops since nobody was really hurt. So I thought he was bluffing b/c he was at my house starting crap and I didnt think that I had done anything wrong or illegal. So he called the laws and they came out and took him to jail. They wanted to take his wife to jail too, but , I told them that I didnt think it was necessary.
With that story being told the same way that everything happened . I had 3 cops saying I was justified to shoot and 3 saying I wasnt.
With that story being told the same way that everything happened . I had 3 cops saying I was justified to shoot and 3 saying I wasnt.
See your situation is entirley different than someone braking into your house ! you know these people and when you come home and someone has broken into your home a stranger that is different ! I don't know why you would pull a gun on a woman any way you should have just grabed her by the hair of the head and thowed her out the door just like you did her husband and locked the door and then called the police and if would have been over ... That is nothing like coming home and finding some stranger in your house !! When you come home and find some stranger in your house you can say you are in fear of your life !!
Because her and her husband were trying to go 2-1 against my wife? Maybe thats fine with you Pa Pa , but , its not with me. I saw it as deadly force and thats what i planned to meet force with force. I am going to read my post again to see why you thought I was pulling a gun on a woman. I was pulling a gun on 2 people that were trying to cause bodily harm to my family. It wasnt like we drove up and they were in the house where we could just choose to not go inside . We were already there.
Does that clear it up a little more or do I need to draw some pictures?
Are you familiar with ARFCOM and MS paint??
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