Many states, mine included, recognize the Castle Doctrine. One has a right to feel secure in his or her home and to defend it with lethal force.
In Oklahoma the way the law is written if some one enters your home unlawfully the law considers that person is there to do you bodily harm and you can use force up to and including lethal force to eliminate the threat. We take that pretty seriously here. In the 17 years I've lived in OK I can remember only two cases in OKC where a home owner was charged as a result of shooting an intruder and in both of those cases the home owner basicly set up the intruder.
QUESTION (and I wonder why I never considered this before): Does an attached garage count as part of the Castle? If I hear someone rooting around in my garage which I can enter from my kitchen (there's also an air conditionin/heating vent in there) and I confront them and shoot them does the castle doctrine apply? My reloading bench is in the garage. If I'm sitting there minding my own business and someone pops open the garage door with intent to rob me is he invading my Castle. Are the circumstances different enough that the first situation might not apply to the castle doctrine and the 2nd would or both would not because the entry was into the garage? Would it be the same as shooting the intruder in the driveway (which in OK would get one in big trouble - unless one was in fear of one's life of course and your attacker had means, opportunity and intent).
I've hunted thru OK law using variousl search engines but cannot find an answer to the above question.
What do y'all think? Any OK lawyers on THR with an opinion? What about other states?
In Oklahoma the way the law is written if some one enters your home unlawfully the law considers that person is there to do you bodily harm and you can use force up to and including lethal force to eliminate the threat. We take that pretty seriously here. In the 17 years I've lived in OK I can remember only two cases in OKC where a home owner was charged as a result of shooting an intruder and in both of those cases the home owner basicly set up the intruder.
QUESTION (and I wonder why I never considered this before): Does an attached garage count as part of the Castle? If I hear someone rooting around in my garage which I can enter from my kitchen (there's also an air conditionin/heating vent in there) and I confront them and shoot them does the castle doctrine apply? My reloading bench is in the garage. If I'm sitting there minding my own business and someone pops open the garage door with intent to rob me is he invading my Castle. Are the circumstances different enough that the first situation might not apply to the castle doctrine and the 2nd would or both would not because the entry was into the garage? Would it be the same as shooting the intruder in the driveway (which in OK would get one in big trouble - unless one was in fear of one's life of course and your attacker had means, opportunity and intent).
I've hunted thru OK law using variousl search engines but cannot find an answer to the above question.
What do y'all think? Any OK lawyers on THR with an opinion? What about other states?