The elements of a successful defense claim are, innocence, imminence, proportionality, avoidance and finally, reasonableness. Literally everything you do during a self-defense incident must be considered “reasonable” by law enforcement and the court if it goes that far. The jury will use a “theoretical” reasonable person in which to compare you. I believe this comparison […]
Thus far we have covered three of the five elements of self-defense; Innocence, Imminence and Proportionality. This article is about a 4th element known as “Avoidance.” It is really common sense to a degree, it makes sense to avoid shooting an aggressor, or risk getting shot if you can avoid the confrontation and call the […]
We have learned two of the elements of self defense claims are innocence and imminence. Another element is called “proportionality.” Proportionality simply defined says you cannot use greater force than your assailant uses. Meaning; you cannot use deadly force to defend yourself against a non-deadly threat. The problem with proportionality is the dynamics of the […]
In order for you to have a justifiable “self defense” claim, one of the five elements required is “imminence.“ This means the threat is immediate, so pressing you have no time to call for help. The threat is timed so a reasonable man or woman would employ an instant defense. Any hesitation could result in […]
Self Defense and the Law Here is the scene. You are returning to your car after shopping. Suddenly a stranger steps into your path and demands your wallet. He is pointing a gun at you and appears to have every intention to use it if you do not comply. Naturally, you do not wish to […]
I think it is fair to say most of us would like to believe justice will prevail in a criminal courtroom procedure. And yet, many if not most of us have our doubts about the verdicts of certain high profile cases. As history has shown us, there are “technicalities” and “loopholes” which may result in […]
According to the Crime Prevention Research Center approximately 17,250,000 citizens possess a conceal and carry permit. That basically means those people probably had to pass 2 background checks before they could purchase a gun and obtain a permit to carry. Those background checks are conducted by the National Instant Criminal Background Check System (NICS), which […]
The following is based off reports of an actual event (true story). The names and location have been changed to keep my young self out of court and jail. It was a typical hot, humid evening in Chelsea, Oklahoma. Andrew Tolson a prominent attorney in town pulled into the post office parking lot. At 8 […]
Anyone with an interest in guns in the state of Oklahoma knows by now there is a new law in town. On February 27th, 2019 Governor Stitt signed into law house bill 2597. This new law allows citizens who are 21 years of age or older to carry a handgun concealed or on open display. […]
Wyatt Jacobson strode out of the bookstore just before sunset. At six feet six inches tall and 220 pounds he was an imposing figure. His tanned face was jagged with crevices from too much sun, time, and some degree of long standing stress. He donned his narrow brimmed Stetson and stepped of the curb bound […]
