=If you used force to protect yourself and are now facing criminal charges, Ohio law may provide you with a defense. Self-defense is a recognized legal justification under Ohio law, and significant changes in recent years have shifted how self-defense claims are evaluated. At McNamee Defense, we represent clients in Franklin, Union, and Delaware Counties who are facing charges after acting in self-defense.
Self-defense in Ohio is governed primarily by R.C. § 2901.05. Under that statute, a person is allowed to use force in self-defense, defending another person, or defense of their residence. The threat must be imminent, the belief that force was necessary must be reasonable under the circumstances, and the force used must be proportional to the threat faced.
One of the most important changes to Ohio self-defense law involves the burden of proof. Under the law, with amendments effective March 28, 2019, once a defendant presents evidence that tends to support a self-defense claim, the prosecution must disprove self-defense beyond a reasonable doubt. Before this change, defendants bore the burden of proving self-defense by a preponderance of the evidence. The shift matters because it is now the prosecutor’s job to disprove justification, not the defendant’s job to prove it.
Ohio’s approach to the duty to retreat changed with the passage of Senate Bill 175, effective April 6, 2021. Now, a person has no duty to retreat before using force in self-defense, defense of another, or defense of their residence, as long as they are in a place where they lawfully have a right to be. A trier of fact may not consider the possibility of retreat when evaluating whether the person reasonably believed force was necessary. This expanded on Ohio’s existing Castle Doctrine, which had already recognized that a person in their residence or vehicle had no duty to retreat.
Ohio’s Castle Doctrine provides a rebuttable presumption that a person acted in self-defense when using force intended or likely to cause death or great bodily harm against someone who is in the process of unlawfully entering, or has unlawfully entered, their residence or occupied vehicle. This presumption does not apply if the person against whom force was used has a right to be in the residence or vehicle, or if the person using force was themselves unlawfully present.
Even with the burden shift and the no-duty-to-retreat rule, self-defense claims remain highly fact-specific. Courts and juries evaluate who initiated the encounter, whether the perceived threat was real and imminent, whether the defendant’s belief that force was necessary was reasonable under the circumstances, and whether the level of force used was proportional to the threat.
Proportionality matters. Deadly force may only be used in response to a threat of death or great bodily harm. Using deadly force in response to a minor physical threat is unlikely to be considered justified, even under Ohio’s current self-defense laws.
Using force in self-defense does not prevent law enforcement from arresting you. Prosecutors may still file charges, and the self-defense issue will be litigated in court. Having an attorney involved as early as possible after a self-defense incident helps preserve evidence, document the circumstances, and build the foundation of a justification defense.
If you used force in self-defense and are now facing criminal charges in Franklin, Union, or Delaware County, contact McNamee Defense online or at 614-782-8889 to schedule a confidential consultation.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.