When you face a violent threat, you have the right to defend yourself. By law, you may respond to a threat with the same or equal force to protect your life under specific conditions.
Ohio has particular rules allowing a person to use deadly force for self-defense and the defense of others from threats of immediate death or serious bodily injury. So long as the use of force is reasonable and proportionate to the threat, an individual may claim self-defense to avoid criminal prosecution. Ohio recognizes the Castle Doctrine as a defense to using force against a home or vehicle invader.
The Castle Doctrine allows a home or vehicle owner to defend themselves as necessary in self-defense. Ohio Revised Code Section 2901.09 is Ohio’s Castle Doctrine, which includes the presumption of self-defense in a home or vehicle. To prove the Castle Doctrine applies, a defendant must establish:
- The victim was inside the defendant’s home, vehicle, or other occupied space,
- The accused had a reasonable belief of an immediate threat of deadly force to their person or someone else’s, and
- Justifiable force is a necessary and proportional response, meaning the same degree of deadly force is used to ward off the threat.
The doctrine differs from state to state, as each state qualifies self-defense differently.
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Duty to Retreat or Stand Your Ground
One typical restriction on self-defense is the rule of retreat. When confronted with violence, you must first try to avoid force by retreating when safe. Otherwise, you lose the self-defense argument in some states. However, Ohio does not impose a duty to retreat.
While the castle doctrine allows you to legally fend off force with force to protect yourself at home, stand-your-ground laws permit you to use force against threats anywhere. So, when a person’s life is in danger outside their home or car, they can respond with justifiable force, even homicide. Once again, the force must be reasonable, necessary, and justified as self-defense, not aggression. Ohio is a stand-your-ground state.
In sum, two significant Ohio principles are the legal presumption of self-defense protection in your home or vehicle and the Castle Doctrine’s no duty to retreat or stand your ground rule.
Ohio Presumption of Self-Defense and the Castle Doctrine
Before 2018, defendants had the burden of proof for self-defense claims. However, after a 2018 law shifted the burden of proof to the prosecution, self-defense claims are more substantial.
To prove self-defense, a defendant must present evidence that they were:
- in their residence, whether temporary or permanent, or
- in their vehicle, regardless of type or condition,
- when they used lethal force to defend against one unlawfully on or entering their property to kill, harm, kidnap, or sexually assault the occupant.
Once a defendant presents sufficient evidence of self-defense, a judge must instruct the jury about the castle doctrine. After considering the factual circumstances, a judge determines whether a defendant had a belief of imminent danger, justifying deadly force for protection. A February 2024 Ohio Supreme Court decision, State vs. Palmer, clarifies when a jury must receive instructions on self-defense in a criminal trial.
Once raised, the prosecution must then disprove an accused’s self-defense claim by showing the defendant used unreasonable or unnecessary force, was not in danger of imminent harm, or hurt a victim lawfully on the defendant’s property.
Castle Doctrine Exceptions
Not all unwanted visitors justify self-defense. Reasonability is still the measure of a valid claim. It is probably unreasonable to assume a solicitor at your front door brings life-threatening harm. More likely, anyone using deadly force to chase a solicitor away is not exercising self-defense but is the aggressor.
Self-defense and the castle doctrine only apply to bona fide threats, not possible threats. A self-defense claim fails when the charged individual is the initial aggressor. In other words, a knife thrust or gunshot is self-defense when someone has physically attacked or pointed a deadly weapon at you, not for preemptive strikes.
To defeat a self-defense claim, a prosecutor will attempt to prove an individual was not acting to protect their life. As a result, an accused must supply enough evidence to support their self-defense claim.
How A Lawyer Can Help With Your Castle Doctrine Case
When you face criminal charges but have a castle doctrine defense, you want an experienced criminal defense lawyer with a track record of successful self-defense acquittals. A Cincinnati criminal defense lawyer is crucial to your defense.
Defense Strategies
Once you consult with a lawyer about your case, they will strategize with you about possible approaches to your defense. They will verify that you have a castle doctrine defense and then gather evidence to prove it. They may interview witnesses, review physical evidence, track down video or photographic evidence, and collect documents to support your claim at a trial.
Negotiate with the Prosecutor
A criminal defense lawyer will first attempt negotiation with the prosecutor to avoid a trial. They may present enough self-defense evidence to convince the prosecutor that a dismissal or reduced charges are appropriate. They may plea bargain for probation or a diversion program for needed resources and rehabilitation rather than incarceration.
Defend You at Trial
If a trial is necessary, your criminal lawyer will present your defense, cross-examine witnesses, and create doubt in a juror’s mind. Since the state must convict you with evidence that proves beyond a reasonable doubt that you are guilty of committing a crime, doubt is essential to an acquittal.
Contact An Experienced Cincinnati Criminal Defense Attorney For Your Castle Doctrine Case
When you need legal expertise for your castle doctrine case, set an appointment with a qualified Cincinnati criminal defense lawyer. You can ease your fears with information and guidance. Depend on legal representatives who can guide and defend you as you move through the criminal justice system.
Let Suhre & Associates DUI and Criminal Defense Lawyers help you. Contact us today at (513) 333-0014 to schedule a free consultation with a Cincinnati criminal defense lawyer.
