The use of force when acting in self-defense offers great allowances in Ohio. The laws surrounding self-defense can be confusing, however. Let’s discuss what constitutes self-defense when using force against someone.
Definition
According to Ohio law, you can use force in the form of self-defense if it is in defense of:
Should there be any supportive evidence that you acted in self-defense, you don’t need to prove that. The prosecution needs to prove the opposite, that you did not act in self-defense.
Your amount of defense needs to be proportionate to the harm you were afraid of receiving.
Presumption
When defending against an intruder in your home in Ohio, the law automatically presumes self-defense.
While this is usually applicable, the following scenarios do not cover the presumption of self-defense:
“Stand Your Ground” Doctrine
When being attacked, your “duty” is to retreat to try not to have a violent confrontation in most circumstances. If you try or cannot retreat, you may use force to defend yourself.
However, Ohio’s “Stand Your Ground” doctrine and revised code section 2901.09 states, “For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be.”
This law used to apply strictly to your:
The revisions now mean any public place you’re allowed to be legally. As long as the amount of defense is proportionate to the amount of harm you fear will incur without defending yourself.
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