What Are the Rules on Self Defense in Ohio?
In 2018, the Ohio General Assembly passed a bill that shifted the burden of proof from defendants to prosecutors. This significant change means that prosecutors must now prove a charged individual did not act in self-defense. Previously, charged individuals had to prove they acted in self-defense, meaning charged individuals were at a serious disadvantage against prosecutors. This law has been a major win for the rights of charged individuals while leveling the playing field.
The skilled criminal defense attorneys at Wolfe & Mote Law Group, LLC believe in their clients’ innocence. That is why they fight for your right to a fair defense. We don’t stop until we ensure our clients have their chance to prove their innocence. We proudly serve the Columbus, Ohio, community with top-notch legal advice. We also strive to serve the cities of Dublin, Westerville, Gahanna, Delaware, and Hilliard, and surrounding counties such as Licking County, Newark County, Heath County, Granville County, Fairfield County, Lancaster County, and more, with the best possible legal counsel.
What Is Self-Defense in Ohio?
The rules for self-defense in Ohio refer to the legal justification for using force in certain circumstances. Under Ohio law, a person can use deadly force to defend themselves or others from the imminent threat of death or serious bodily harm. However, the use of force must be reasonable and proportional to the threat faced.
Ohio law recognizes two types of self-defense: self-defense and defense of others. In either case, the force used must be reasonable and necessary under the circumstances. The person using force must reasonably believe that they or another person is in imminent danger of death or serious bodily harm and that the use of force is necessary to prevent that harm.
Ohio law also recognizes the Castle Doctrine, which allows a person to use deadly force to protect their home, vehicle, or other occupied space from an intruder who reasonably believes is about to commit a violent crime.
No matter what your situation is, having a criminal defense attorney on your side can make all the difference.
When Can Self-Defense Be Used as a Legal Defense in Ohio?
Self-defense can be used as a legal defense in Ohio when a person reasonably believes that they or someone else is facing an imminent threat of death or serious bodily harm. Using force is necessary to prevent that harm. The following situations are examples of when self-defense may be used as a legal defense:
Imminent threat or danger. The person must have a reasonable belief that they face an imminent threat of death or serious bodily harm. The threat must be immediate and cannot be something that might happen in the future.
Proportionality. The force used must be reasonable and proportional to the threat faced. If someone threatens to punch an individual, the individual cannot respond with deadly force. Similarly, if an individual is threatened with death, using deadly force, such as firing a handgun, may be justified.
Necessity. The use of force must be necessary to prevent harm. If there is a reasonable alternative to the use of force, such as fleeing the scene or seeking help from law enforcement, then the use of force may not be considered necessary.
Initial Aggressor. A self-defense claim does not apply when the charged individual is the initial aggressor. In other words, individuals may only respond to a threat, not act preemptively against it. For instance, firing a weapon in self-defense when the other party or the victim has already attacked.
It is important to note that the prosecution must prove the charged individual did not act in self-defense. Therefore, charged individuals must take every step to ensure they provide evidence to support their self-defense claims, making it more difficult for prosecutors to disprove them.
No Duty to Retreat in Ohio
Ohio is one of the states that recognize the “no duty to retreat” rule, which means that a person has no legal obligation to retreat before using force, including deadly force, in self-defense, defense of others, or defense of their home or vehicle.
Under Ohio law, a person is allowed to use force, including deadly force, if they reasonably believe that such force is necessary to defend themselves or another person from the imminent threat of death or serious bodily harm. The person using force must reasonably believe that they are in immediate danger and that the use of force is necessary to prevent that harm.
Ohio’s no duty to retreat rule is often referred to as the “stand your ground” law. This rule means that if someone is threatened with imminent harm, they have the right to stand their ground and use force to defend themselves rather than retreating to avoid conflict. However, the use of force must be reasonable and proportionate to the threat faced.
Strong and Dependable Representation
The Wolfe & Mote Law Group, LLC goes the extra mile for clients. Attorneys Stephen Wolfe and Elizabeth Mote believe in working diligently when their clients’ lives and reputations are at stake. They do everything in their power to build the strongest defense possible while being there for you every step of the way. Call today to get an experienced criminal defense team on your side.