After protecting yourself or another person, it is unfortunate that the State of Ohio may pursue a criminal case against you. Asserting a legal defense known as self-defense is reasonable and can be effective. Having an experienced attorney with a track record of success in self-defense cases is important.
An effective response to a prosecutor’s office’s rejection of self-defense as an explanation of what occurred means it is crucial to develop a strategy geared towards gathering evidence and maintaining your freedom. Bringing together a thorough knowledge of the law and a detailed understanding of what occurred is what an Ohio Self-Defense criminal attorney offers their clients.
What Actions Count as Self-Defense in Ohio?
Using force against another person is not legal in Ohio in most situations. However, the state does allow some exceptions to this general rule. Force may be utilized against another person if you are acting in self-defense, in the defense of another person, or in defending your home or vehicle.
Self-defense is a legal defense that can be asserted when an individual is accused of committing a crime. However, there are limited circumstances in which a self-defense claim may be asserted successfully. The burden is on the party alleging self-defense to prove its elements:
- Whatever the situation was, the use of self-defense must not have been caused by that person. If two people were arguing, the argument must not have been caused by the party asserting self-defense.
- Any danger or threat faced by the person alleging self-defense must have been imminent. The risk of harm to their person must have been something immediate rather than theoretical.
- The force used in defending themself must have been proportionate to the force being used against the individual. Was it necessary to use that level of force, in other words? If the force used was way out of proportion to the force being used by another party, then the defense may not be viable.
What Does the Prosecutor Have to Prove in a Self-Defense Case?
Once self-defense is asserted in a criminal proceeding, the burden shifts to the state of Ohio to prove that you did not act in self-defense under the law. This is done by negating one or more of the above elements related to self-defense assertions.
Evidence is crucial to both sides in a self-defense criminal case. For instance, the state may produce evidence showing that the party claiming self-defense actually started the fight that underlay the entire incident. Or, the threat faced by the accused individual may not have been imminent to justify using force against the other person.
What Role Does Use of Deadly Force Play in a Self-Defense Case?
Being able to distinguish between deadly and non-deadly force is crucial in a self-defense case. When deadly force is used, it is sufficient to cause the death of another person. Non-deadly force is a level of force that would not be expected to cause the death of a person.
When self-defense is otherwise proper, it must not be the case that the force utilized was greater than was allowable under those circumstances. Remember: the force used in defending oneself, another person, or their property must be proportionate to the force used against them. A judge or jury determines whether the circumstances allowed for force and whether the force utilized was proportionate to the risk faced.
Factors Which May Reasonably Lead to a Belief of Immediate Danger
Certain factors, such as differences in physical size between the parties, whether more than one person was threatening a single person, or whether a weapon was involved, could all impact an analysis of whether it was reasonable to believe that a person was in immediate danger of harm.
Contact The Robert Jones Defense Firm for a Free Case Review
If you were forced to use self-defense against another person and need to prove your case, contact The Robert Jones Defense Firm. We offer free case reviews and tailor our representation to the needs of each of our clients as individuals.