Defenses to felony assault will often range, depending on how severe the charges are. If you are facing felony assault charges in Oklahoma, understanding your legal strategy going forward is crucial. Felony assault under Oklahoma law involves intentional bodily harm with a dangerous weapon or other means. However, several defenses can apply depending on the circumstances surrounding the incident. This article discusses key defenses you might use to challenge a felony assault charge in Oklahoma.
Self-Defense
Self-defense is one of the most common defenses to felony assault. Rogers County law, as well as Oklahoma, allows you to protect yourself if you reasonably believe that you are in imminent danger of immediate harm. You can use reasonable force to defend yourself, which might include actions that would otherwise be assault. The key factors here are the immediacy of the threat and the reasonableness of your response. You must prove that any reasonable person in the same situation would have perceived a threat and acted similarly.
Defense of Others
Similar to self-defense, defense of others allows you to intervene physically to protect someone else from harm. This defense applies if you believe that the person you are defending is under threat of imminent harm and that your actions are necessary to prevent this harm. The force you use should be proportional to the threat. This means you cannot claim this defense if your response was excessive in comparison to the danger faced by the person you were defending.
Defense of Property
In some cases, you can claim defense of property as a justification for actions that might otherwise be a felony assault. This defense is valid when you are preventing the unlawful taking or destruction of your property. However, the use of force in defense of property is more scrutinized. As a result, it must be reasonable and necessary under the circumstances. You cannot use deadly force solely to protect property unless there is also a threat to personal safety. As an example, you cannot shoot someone just for taking mail out of your mailbox.
Lack of Intent
Felony assault charges in Oklahoma require proof of intent. This means the prosecution must show that you intended to cause harm or knew your actions would likely result in harm. If you can show that you did not have this intent, then you have a solid defense. For example, if the harm was accidental or if you were engaging in a lawful activity where any harm was not the intention, you might have a viable defense against the charge.
Duress
Duress involves actions taken under immediate threat of harm to oneself or someone else. If you committed assault because you were coerced by someone else’s threat of imminent harm, this might be a defense. However, the threat must be of serious bodily harm or death. Additionally, there must be no reasonable opportunity to escape the situation. For example, someone holding a gun to your head telling you to assault another person or they will shoot. In this situation, you would feel you have no other options but to do what you are told.
Mistake of Fact
This defense applies if an honest and reasonable mistake led to the assault. For example, if you mistakenly believe someone was about to attack you and you act in self-defense, this might be a valid defense. This is only if your belief was reasonable under the circumstances. However, claiming it was a mistake isn’t always viable. This is especially the case if there is reasonable suspicion that you had prior disagreements with the person. Therefore, this defense would be plausible if it were someone you didn’t know that you believed at the time intended to harm you.
Consent to the Assault
In specific scenarios, the alleged victim’s consent to the conduct might be a defense. This is more common in situations involving contact sports or medical procedures where some level of risk is understood and acceptable. Martial arts is a great example of a contact sport where a person could feasibly consent to getting hurt. However, consent cannot be a defense in cases where the level of harm exceeds what was agreed upon or is inherently criminal. You cannot beat someone within an inch of their life just because they said you could.
Insanity Plea
The insanity defense is a rare and complex defense strategy to avoid conviction. However, it might apply if you can prove that you were suffering from a severe mental health disorder at the time of the incident. This disorder must have impaired your ability to understand the nature of your actions or the difference between right and wrong. This defense requires substantial medical evidence and typically involves expert testimony. Unfortunately, this defense isn’t without its downsides. This defense will often land a person in some sort of mental treatment center depending on the severity of the assault.
Claremore Criminal Defense Lawyers
Navigating felony assault charges in Oklahoma can be complex, and the stakes are high. Each defense is unique to the situation, and what might work in one case may not be applicable in another. If you face criminal charges, it is crucial to consult with a criminal defense lawyer who can assess the specifics of your case and advise you on the next steps. Remember, a well-prepared defense can be the difference between a conviction and an acquittal. Our attorneys can go over the defenses to felony assault with you to see which can work for you. Get in touch with our Claremore Attorneys at (918) 379-4872 or online for a consultation.
