The use of physical violence to injure or intimidate another person is typically a crime according to Oklahoma state law. Prosecutors can charge people with assault, battery or both offenses after a violent altercation leaves someone hurt.
People may try to fight violent criminal charges by supplying an alibi to prove they weren’t involved. Other times, they may admit that they were present and involved in the incident, but they deny that they broke the law.
Occasionally, the person accused of assault or similar offenses may respond by asserting that they only engaged in the lawful use of force. Oklahoma state statutes do provide a handful of exceptions to assault laws. When is it potentially legal for someone to use physical force against another person?
When employed in specific professions
Oklahoma statutes recognize that some people may have to use physical force because of the job that they perform. Police officers, for example, have the right to use appropriate physical force to take someone into state custody, protect an individual or intervene while a crime is in progress. Those who operate public transportation vehicles also have the authority to use physical force as necessary to eject unruly riders from public transportation. Security professionals and anyone assisting the police or performing a citizen’s arrest can also legally use physical force.
When correcting a child
The law in Oklahoma allows parents and other parties with direct responsibility for children to use physical force for their correction or discipline. Parents can spank or otherwise physically punish children when they misbehave or disrespect others. Even teachers can potentially use force legally. While some disciplinary efforts may cross the line into domestic violence or child abuse, most reasonable attempts to physically discipline a child are lawful under Oklahoma state statutes.
When acting in self-defense
Oklahoma recognizes that people have the right to physically protect themselves from threats of violence and criminal activity. They can also act to protect someone else in an emergency situation. In fact, they can use physical force to protect their personal property.
Someone who has been accused of an assault or battery offense could potentially respond to their pending criminal charges by asserting that their use of force was lawful. Exploring the situation that led to violent criminal charges with the guidance of an experienced legal team can help a defendant put together a potentially effective defense strategy.