In our prior post, we wrote about Pennsylvania’s Law Abiding Gun Owners (LAGO) and self defense: JUSTIFIED: Does Pennsylvania Law Allow for Use of Force in Self-Defense? Now we want to add on to that knowledge and talk about the The Castle Doctrine and Stand Your Ground in Pennsylvania. Reasonability and the immediate need to use force are two lynchpins of the Castle Doctrine in Texas. Under the Castle Doctrine, in certain circumstances, you are presumed to have acted reasonably in defending your “castle.” This could be your home, vehicle or place of employment.

The “Castle Doctrine”, “Make My Day Doctrine”, and “Stand Your Ground Doctrine” are all self-defense claims that extend immunity from prosecution to individuals that used reasonable force to protect themselves from grave bodily injuries or death.In Oklahoma, these doctrines are embedded within the definition of Oklahoma Statute Title 21 section 1289.25 of the state penal code, also referred to as the Oklahoma Firearms Act of 1971. Each doctrine is an expansion of its previous version, with “Stand Your Ground” being the more recent one. Although these doctrines are viable as a defense in homicide and battery cases, it is important to understand that the elements for self-defense must first be present. Self-Defense RequirementsSelf-defense is appropriate under certain circumstances when one is faced with danger to their life or personal security.

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Under Oklahoma law, a self-defense claim requires an objective and subjective standard. State, 1999 OK CR 39, ¶ 9, 990 P.2d 900, 904.First, under the objective standard, the fact finder must determine whether the person invoking the defense believed that he or she was faced with imminent danger of death or great bodily harm before the use of physical and/or deadly force. Second, under the subjective standard, the fact finder must determine whether the defendant’s belief was reasonable. Id.When evaluating the second requirement, courts view the situation from the subjective perspective of the defendant and the defendant’s belief must be found to be objectively reasonable.

The bare belief that one is about to suffer death or great personal injury will not, in itself, justify taking the life of one’s adversary. (citation omitted). Oklahoma courts have held that an aggressor, or one that enters into a confrontation armed, may not later invoke a self-defense claim, unless he retreats and then is attacked.

The Castle DoctrineThe Castle Doctrine is a self-defense rule that allows a homeowner to use deadly force against an intruder when there is a reasonable belief that there is a danger of great bodily harm or death. This English common law rule, now adopted by Oklahoma as part of the Oklahoma Firearms act of 1971, recognizes that Oklahoma citizens have a right to expect absolute safety within their own homes or places of business.However, it is important to note that Oklahoma has placed a limitation of this doctrine in domestic abuse cases by requiring that the person invoking the doctrine first attempt to retreat before responding with deadly force. This requirement attempts to remedy the contradicting notion that a person may invoke this doctrine against a spouse who is also legally in the dwelling and no intrusion has actually occurred. Make My Day DoctrineThe “Make My Day” doctrine was an attempt by Oklahoma courts to expand self-defense protections of the Castle Doctrine to other persons legally in the dwelling, not just the homeowners. “Make My Day” doctrine was explained in State v.

Anderson, 1998 OK CR 67, 972 P.2d 32, where the Court of Criminal Appeals of Oklahoma held that a person who is legally in the dwelling of another is justified in using any degree of physical force, including deadly force, against another person who has made an unlawful entry onto that dwelling.As an example, the court used a babysitter to explain that, although not the true homeowner, a baby sitter may invoke the “Make My Day” doctrine to protect herself and the children in the dwelling. In contrast, the court explained that the baby-sitter would not be allowed to use any type of defensive force under the principles of the Castle Doctrine because the baby-sitter is not the homeowner or resident. The baby-sitter would not be offered any immunity.Although these self-defense protections have now been extended to other persons that do not reside in the home, the “Make My Day” doctrine still requires that the person invoking it must have held a reasonable fear of imminent peril of death or great bodily harm to himself or another when using the defensive force. Stand Your Ground Doctrine“Stand Your Ground” replaced “Make My Day” doctrine in Dawkins v. State, 2011 OK CR 1, ¶ 9, 252 P.3d 214, 218, and further expanded self-defense protections beyond the confines of one’s home.

“Stand Your Ground” laws say that a person has no duty to retreat if confronted by someone engaged in criminal activity, and that they can protect themselves with lethal force if they believe that their own lives are in jeopardy.Unlike the “Make My Day” doctrine which provides protections in one’s home against intruders, “Stand Your Ground” doctrine does not require that the person invoking it be at their dwelling, but only that they have a right to be legally present at the location of the confrontation. Furthermore, the Court of Criminal Appeals of Oklahoma concluded that the Legislature intended the “Stand Your Ground” provisions to protect law-abiding citizens, and therefore the court held that the benefits of this statute exclude persons who are actively committing a crime—except minor infractions like persons who are illegally parked or have an outdated vehicle registration.