In Ohio, a person has a legal right to use force to defend himself, another person, his house, or even his property. The level of force that may be lawfully used varies, of course, depending on the circumstances of the case. A claim of self-defense is typically raised by a person accused of murder, attempted murder, felonious assault, aggravated assault, or assault. As a criminal defense lawyer, I have been truly surprised by the number of people I meet who do not believe that a person in Ohio has the right to self-defense. In fact, the defense of self-defense is firmly established in Ohio law. Of course, the use of deadly force to defend oneself requires greater justification than does the use of non-deadly force. The right to use deadly force in self-defense in Ohio can be traced back more than a century.
With respect to the duty to retreat, there is no duty to retreat from one’s own home before resorting to lethal force in self-defense, even against a cohabitant with an equal right to be in the home. In Ohio, the right of self-defense is an affirmative defense, meaning that the burden of proof rests on the accused to prove that he acted in self-defense when he inflicted the deadly force, However, effective in 2008, under what is known as the “Castle Doctrine,” if the lethal force was inflicted against a person in your home, temporary place of residence, or occupied car, you are now entitled to a presumption that you acted in self-defense. In this situation, the burden has now shifted to the prosecution to prove that you did not act in self-defense.
The Bottom Line: Under Ohio law, a person may use reasonable force to defend or protect oneself, even when faced with a danger less than death or great bodily harm. If you are currently under investigation for, or charged with, murder, attempted murder, felonious assault, aggravated assault, or assault, and acted in self-defense, you should promptly consult with an experienced Ohio Criminal Defense Attorney to discuss your legal right to act in self-defense in Ohio. As a practicing criminal defense attorney, I have found it common for a person who reasonably uses non-deadly force to defend himself, to nevertheless find himself charged with assault, aggravated assault, or even felonious assault. In such a case it may be up to a jury to determine whether the person defending himself acted reasonably. If you find yourself in such a situation, it is critical that you immediately contact me to protect your interests by aggressively defending the charges lodged against you. 513-260-2099
[…] provided, but that the case raised important issues, some of them still unresolved. A good Criminal Defense Attorney in Ohio, can bring the facts to raise question in the courtroom in front of the jury. The jury is called […]