Crimes can happen anywhere. Some people get assaulted at sports bars due to an argument. Others may wake up in the middle of the night to the sound of someone kicking in their door or breaking a window from outside.
Those facing the imminent threat of violent criminal activity theoretically have the right to defend themselves. They can use physical force to protect themselves, their property and other people. The people acting in self-defense may end up facing assault or even homicide charges depending on the outcome of the situation. They may be able to avoid criminal convictions by convincing the courts that they acted not with an intent to harm but rather to avoid harm aimed at them.
What rules govern self-defense claims in response to criminal charges in Ohio?
Other people should recognize the danger of the situation
In scenarios where one person has verbally threatened other people, intentionally menaced them with threatening body language or has injured someone already, people can use physical force for self-defense purposes. Under current rules in Ohio, people can claim that they acted in self-defense when protecting themselves, their property and other people.
So long as other reasonable adults agree that physical force was necessary for the safety of the threatened individuals or the prevention of a potentially serious criminal incident, people accused of violent crimes could assert that they acted in self-defense.
Retreat is not necessary
In some jurisdictions, those claiming to have acted in self-defense have to show that they tried to leave a dangerous situation or de-escalate it before resorting to violence. There is no duty to retreat imposed on those acting in self-defense in Ohio.
So long as people truly believe that violence is the only means of defending themselves, their homes or other people, they do not have to try to leave the situation before using force to protect themselves. That being said, those engaging in self-defense have to use a reasonable degree of force given the circumstances and should not instigate the situation.
Factors including the prior relationship between the people involved, the previous criminal record of the individual who acted in self-defense and the evidence gathered by the state can influence the best response to violent criminal charges. Those who assert that they acted in self-defense may need help convincing the courts of that fact, and that’s okay.