Oklahoma criminal cases can be intimidating and confusing for those who are facing them. Fortunately, there are several common defenses that can be used to challenge criminal charges in Oklahoma. In this blog post, we will discuss some of the most common defenses used in Oklahoma criminal cases.
Self-defense is a common defense used in criminal cases where the defendant claims that they acted in self-defense. Under Oklahoma law, a person is justified in using force or deadly force in self-defense when they reasonably believe that such force is necessary to protect themselves or others from imminent danger.
To use self-defense as a defense, the defendant must show that they reasonably believed that they were in danger, that the use of force was necessary to protect themselves, and that the force used was proportional to the threat.
The insanity defense is a defense used in criminal cases where the defendant claims that they were not responsible for their actions because they were suffering from a mental illness or defect at the time of the crime. To use this defense in Oklahoma, the defendant must prove that they were unable to understand the nature of their actions or that what they were doing was wrong due to their mental illness or defect.
If successful, the insanity defense can result in a verdict of not guilty by reason of insanity, which means that the defendant will be committed to a mental institution instead of serving time in prison.
Lack of Evidence
Another common defense in Oklahoma criminal cases is a lack of evidence. The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. If the prosecution cannot provide sufficient evidence to meet this standard, the defendant may be acquitted of the charges.
Entrapment is a defense used when law enforcement officers induce or persuade someone to commit a crime that they would not have otherwise committed. To use this defense in Oklahoma, the defendant must prove that they were not predisposed to commit the crime and that the inducement or persuasion by law enforcement was the cause of their criminal behavior.
Statute of Limitations
The statute of limitations is a defense used when the prosecution has not filed charges within a certain amount of time after the alleged crime occurred. In Oklahoma, the statute of limitations varies depending on the crime. If the prosecution has exceeded the statute of limitations, the defendant may be able to have the charges dismissed.
Additionally, there are other defenses that may be used in Oklahoma criminal cases depending on the circumstances of the case. Some other defenses that may be used include:
Mistaken identity is a defense used when the defendant claims that they were not the person who committed the crime. This defense may be used when the prosecution has insufficient evidence to prove that the defendant committed the crime, and there is reasonable doubt as to the defendant’s identity.
Duress is a defense used when the defendant claims that they were forced to commit a crime under threat of harm or death. To use this defense, the defendant must prove that they acted under a threat of imminent harm, and that there was no reasonable alternative but to commit the crime.
Illegal Search and Seizure
If law enforcement officers obtained evidence through an illegal search and seizure, it may be inadmissible in court. In Oklahoma, the Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. If the defendant’s rights were violated, any evidence obtained through an illegal search and seizure may be suppressed, and the charges may be dismissed.
The necessity defense is used when the defendant claims that they committed the crime out of necessity. This defense may be used when the defendant had no other choice but to commit the crime to prevent a greater harm from occurring.
there are various defenses that may be used in Oklahoma criminal cases. It is essential to consult with an experienced criminal defense attorney to determine the best defense strategy for your case. With the right defense, it is possible to challenge criminal charges and obtain a favorable outcome.
The Murray Law Firm is a team of experienced criminal defense attorneys that can provide legal assistance and support for individuals facing criminal charges in Oklahoma. The attorneys at the Murray Law Firm have extensive knowledge and experience in Oklahoma criminal law, and they understand the complexities of the legal system.
Here are some ways that the Murray Law Firm can help with an Oklahoma criminal defense case:
- Legal Representation: The Murray Law Firm can provide legal representation for individuals facing criminal charges in Oklahoma. The attorneys at the firm can assist with pre-trial negotiations, plea bargaining, and representing clients in court.
- Case Evaluation: The attorneys at the Murray Law Firm can evaluate the strength of the case against the defendant and determine the best defense strategy for the case.
- Investigative Support: The Murray Law Firm can conduct a thorough investigation of the case to gather evidence and build a strong defense. This may include interviewing witnesses, reviewing police reports, and obtaining expert testimony.
- Support and Guidance: Facing criminal charges can be a stressful and overwhelming experience. The Murray Law Firm can provide emotional support and guidance throughout the legal process.
- Negotiations and Plea Bargaining: In some cases, it may be possible to negotiate a plea bargain with the prosecution to reduce charges or obtain a more favorable outcome. The Murray Law Firm can assist with negotiations and plea bargaining to achieve the best possible outcome for the client.
- Trial Defense: If the case goes to trial, the attorneys at the Murray Law Firm can provide an aggressive defense and work to achieve a not-guilty verdict or a favorable outcome for the client.
If you are facing criminal charges in Oklahoma, it is important to have experienced legal representation. The Murray Law Firm can provide the legal support and guidance needed to achieve a successful outcome in your case. With our knowledge and expertise in Oklahoma criminal law, the Murray Law Firm can help defend your rights and protect your future.