Understanding Ohio’s Stand Your Ground Law and Its Impact on Self-Defense Cases

What Is Ohio’s Stand Your Ground Law?

The Stand Your Ground law can be found in the Ohio Revised Code Section 2901.09. It was signed into law on January 4, 2021, by Governor Mike DeWine. As reported by Juris Magazine, Ohio is the 36th state to pass this type of legislation. The new law removes the duty to retreat for individuals outside their homes, allowing them to use deadly force in self-defense, provided they were lawfully present in the location and not engaged in illegal activity. The use of force is justified for individuals with reasonable belief that they are in imminent danger of serious bodily harm or death.

What Are the Differences Between the New Stand Your Ground Law and Previous Self-Defense Laws?

Previous Ohio law had a more restrictive framework for self-defense. It required individuals who were outside their own homes, vehicles, or other places they controlled first to attempt to avoid confrontation by leaving the situation. This is known as the duty to retreat. In those circumstances, the use of force in self-defense was only justified under the following conditions:

• The person using self-defense was not the aggressor;
• There was an imminent threat of death;
• There was no reasonable means of retreat, and
• The use of force was reasonable.

Ohio also had the “castle doctrine,” under which a person does not have a duty to retreat and may use force against anyone who unlawfully enters that person’s residence or vehicle. The new law expanded the castle doctrine. There is no longer a duty to retreat from an attacker in any place where one is lawfully present, provided you are not the aggressor and are under the reasonable belief that the use of force is in defense of life.

Another major change is in the legal burden of proof. Under old Ohio law, defendants had to prove that they acted in self-defense. Under the new law, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.

What Are the Conditions for Use of Force Under Ohio’s Stand Your Ground Law?

While the new Stand Your Ground law provides broader self-defense rights, its application is not unlimited. The following specific conditions must be met to invoke self-defense under Ohio law:

• Lawfully present: The individual must have a legal right to be in that location and not be engaged in criminal activity. This applies to both public and private spaces.
• Imminent threat: The person must have a reasonable belief that they are in imminent danger of bodily harm or death.
• Proportional response: The use of force must be proportional to the threat faced. If deadly force is used, the defendant must believe that death or serious bodily harm is imminent.

What Is the Impact of the Stand Your Ground Law on the Legal Landscape?

The new Stand Your Ground law aligns Ohio more closely with other states that have adopted similar legislation. Proponents argue that it strengthens the rights of individuals to protect themselves and deters violent crime. Critics have raised concerns about the potential for abuse if individuals resort to violence in situations that could have been de-escalated.

The Stand Your Ground law has significant implications for criminal cases involving violence, particularly shooting, assault, and other forms of physical altercation. Under this law, defendants may assert their actions were justified, shifting the focus to whether they had a right to be where the incident occurred and reasonably believed they were in danger. It provides additional tools for attorneys representing clients who were involved in violent altercations, allowing the defendant to argue that they were not obligated to retreat, acting lawfully to defend themselves.

What Are the Legal Challenges in Stand Your Ground Self-Defense Cases?

Defendants asserting their actions were justified under the Stand Your Ground law may face the following legal challenges:

• Proving reasonable belief of threat: While the Stand Your Ground law eliminates the duty to retreat, it still requires that the use of force be in response to an actual or perceived threat. It must be established that the defendant had a reasonable belief that he or she was in imminent danger. Witness testimony, video footage, and forensic evidence may play a role in determining whether the defendant’s belief was reasonable.
• Role of the initial aggressor: A self-defense claim may be compromised if the defendant was the initial aggressor. The law is not designed to protect individuals who provoke confrontations and claim self-defense.
• Use of deadly force: The stakes are much higher in cases when deadly force is involved. It must be demonstrated that the defendant believed his or her life was in immediate danger. This can be a challenging threshold to meet.
• Public perception and jury bias: The Stand Your Ground law is a hotly debated, controversial topic, and public opinion can influence the course of a trial. Jurors may have preconceived opinions about the appropriateness of using force, particularly in high-profile cases. A skilled criminal defense attorney must carefully select and educate the jurors, ensuring they understand the nuances of the law and the specific facts in the case.

Our Ohio criminal defense attorneys at Watson Kuhlman, LLC are knowledgeable in the complexities of Ohio law and use every available tool to obtain a resolution for your criminal legal matters. If you believe you have a self-defense case under Ohio’s Stand Your Ground law, call us at 216-208-7858 to schedule a free consultation.