How Does Ohio Define Self-Defense in Violent Crime Cases?

One of the most commonly raised defenses in violent crime cases includes the claim of self-defense. But how does self-defense work under Ohio law?

Definition of Self-Defense in Ohio

In Ohio, a person may use force to defend themselves, others, or their property from the imminent violent actions of another party. However, a person must employ reasonable force proportional to the threat faced. For example, a person may use deadly force to defend themselves against deadly force. Unlike other states, Ohio’s “stand your ground” rule eliminates the traditional “duty to retreat” doctrine, which means an individual does not need to make a reasonable attempt to retreat from a threat in public before using force to defend themselves.

Types of Self-Defense

The concept of “self-defense” includes three types of legal defenses: defense of self, defense of others, and defense of property:

• Defense of self: The law allows an individual to use reasonable, proportional force to protect themselves from what they reasonably perceive as an imminent threat of injury inflicted by another person who acts without lawful privilege to do so.
• Defense of others: The law also allows individuals to come to the defense of other individuals under the same circumstances in which they might act in defense of themselves:
• Defense of property: The law permits a property owner to employ reasonable force to prevent another individual from damaging, destroying, or stealing the owner’s property; however, a property owner may not use deadly force to protect their property

How to Prove Self-Defense

Under Ohio law, when a defendant presents evidence that tends to prove that they acted in self-defense, defense of others, or defense of property, the prosecution must prove beyond a reasonable doubt that the defendant did not act in lawful defense. Examples of evidence that a defendant might present to assert a self-defense claim include:

• Witness testimony
• Surveillance footage
• Medical records of the defendant’s defensive wounds

When Does Self-Defense Not Apply?

Under certain circumstances, a defendant may not have the right to claim self-defense. Situations where self-defense may not apply include:

• Excessive force: A valid self-defense claim requires defendants to act with reasonable and proportional force. Excessive force may occur, for example, when a defendant uses deadly force to respond to non-fatal force.
• Illegal activity: A defendant may lose the right to claim self-defense when engaged in various kinds of criminal activity, such as breaking and entering or burglary.
• Mutual combat: A defendant may not assert self-defense in a case involving mutual combat (i.e., both individuals simultaneously engaged in a fight). However, a person may have the right to self-defense if they affirmatively disengage from mutual combat and attempt to withdraw from the scene, but the other individual continues to press their attack.
• Lawful authority: A defendant may not claim self-defense against peace officers or other law enforcement authorities acting under lawful authority.

Contact a Criminal Defense Attorney Today

If you’ve been charged with a violent crime in Ohio, you may have a self-defense claim if you acted to protect yourself from an alleged victim. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with our legal team to learn more about Ohio’s self-defense laws and how they work in violent crime cases.