Since Ohio’s “Stand Your Ground” law was enacted in 2021, it has become a common defense. This law grants some leeway for individuals to use force. In many cases, this can include the use of deadly force to protect themselves or others without first attempting to escape or de-escalate the situation.
However, there are a few issues that clients should know before using this defense. Let’s look at how Ohio’s “Stand Your Ground” law affects criminal defense.
The Basics of Ohio’s “Stand Your Ground” Law
Before this law was enacted, individuals had to prove that they attempted to retreat or avoid conflict before using force for self-defense. This was known as the duty to retreat. However, under Ohio Revised Code Section 2901.09, Ohio residents are not required to escape or withdraw before using force in self-defense if they have a legal right to be in that location.
Keep in mind that the use of force must still be reasonable and necessary to prevent harm or death. Along with that, this law expands the areas where a person can be lawfully present, such as public spaces.
How This Affects Criminal Defense
With the “Stand Your Ground” law, it can affect self-defense claims. This defense might not be applicable in all cases. However, if you believe you acted in a way to protect yourself and others, here are a few important points to consider:
Burden of Proof
Prosecutors have the burden of disproving these claims beyond a reasonable doubt. Before the new law, the defense had to prove their actions were justifiable.
Self-Defense Scope Has Expanded
With the elimination of the duty to retreat, there are several scenarios where self-defense can be argued. For example, individuals involved in public parks, parking lots, or street confrontations can use self-defense without retreating. Also, a person can use force to protect others from harm.
Force Must Be Reasonable
Even under the law, the use of force must be reasonable and proportionate to the threat faced. Under these circumstances, the defense attorneys must show that:
- The defendant believed they or another person faced an immediate threat of harm or death.
- The level of force used was appropriate to counter the threat.
For example, using deadly force in response to a verbal threat may not be seen as reasonable.
Evidence Becomes Vital
Corroborating evidence plays an even bigger role in cases that use this defense. Defense lawyers will want to back up the claims of their clients with solid evidence. This can include:
- Witness testimony: Statements from third parties who saw the incident can back up the defendant’s account.
- Surveillance footage: Security cameras or bystanders’ videos may provide support for these claims.
- Forensic evidence: Analysis of injuries, weapons, or the scene of the incident is used to establish the defendant’s reasonable fear of harm.
Issues with Perception and Juror Bias
Unfortunately, these laws are applied inconsistently. Along with that, they could be influenced by implicit biases. For example, jurors may view self-defense claims in a different light. They may reach a decision based on the defendant’s background or the identities of those involved.
Discover More About the Impact of Self-Defense Claims
Ohio’s “Stand Your Ground” law affects criminal defense in several different ways. While it gives individuals the right to protect themselves and others, there is still the issue of reasonable and proportionate force. With that, the prosecution bears the burden of showing that the defendant acted in an unreasonable manner.
Using the “Stand Your Ground” defense is not an automatic way to win in the courtroom. In fact, it can present a wide range of challenges for defense attorneys and their clients. If you have acted in self-defense, you will want to work with an experienced Ohio criminal defense lawyer to learn about your options.
At Hunt Law LLC, we are ready to help. If you want to arrange a free consultation, please contact us at 330-469-9836.