On January 4, 2021, Ohio Governor Mike DeWine signed a “stand your ground” measure into law. The measure gives Ohioans who are compelled to defend themselves or their loved ones more legal safeguards. Under previous law, people were justified in hurting or killing someone in self-defense only after they first attempted to run away, unless they were using force in defense of their residence or their vehicle. The new law eliminates the “duty to retreat” as long as an individual is in a place where they lawfully have a right to be. However, it does not change the standard for use of lethal force.
What Is Allowed—and What Is Not—Under New Stand Your Ground Law
Only under the following circumstances is it acceptable for someone to use lethal force in self-defense, according to Ohio law as it stands as of April 4, 2021:
- They weren’t responsible for the circumstances;
- There was a risk of death, either immediate or imminent;
- The use of such force was fair
- There was no reasonable way to flee.
When someone in Ohio uses force against someone who enters their home or car illegally, there is a legal presumption that they are acting in self-defense. As long as a person is in an area where they are legally permitted to be, the new law does away with the “duty to retreat.”
On April 4, 2021, Ohio’s stand your ground law will go into force. When it does, Ohioans will be permitted to use lethal force in self-defense in the following situations:
- The attacker is not the individual.
- The individual feels that they are in immediate risk of dying or suffering severe physical harm.
- The individual is not trespassing because they are in an area where they are legally permitted to be.
According to Cleveland.com, DeWine approved the bill to eliminate a “ambiguity in Ohio’s self-defense law.” In a statement, DeWine said, “I have always felt that it is essential that law-abiding citizens have the right to legally protect themselves when faced with a life-threatening situation.”
“Crimes can occur suddenly and without cause. In a statement, Ohio state director of the National Rifle Association Institute for Legislative Action (NRA-ILA), John Weber, said, “Most victims have a split second to react with the best course of action for their survival.” “Gov. DeWine guarantees that the law benefits victims rather than criminals by signing SB 175.”
Although Ohio’s self-defense rules are strengthened by the new act, using a firearm against someone else is still illegal. You might be charged with a crime if you shoot someone and it’s not self-defense. However, because of a 2019 statute, the state must demonstrate that your acts were not self-defense.
Duty to Retreat Will No Longer Be a Factor in Self-Defense Cases
The 36th state with “stand your ground” legislation is Ohio. The initial version of Senate Bill 175 did not include the removal of the responsibility to withdraw. The Ohio Senate approved the final version of the bill that was delivered to DeWine after the Ohio House of Representatives inserted the clause in December 2020. The legislation makes it clear that:
When deciding whether or not someone who used force in self-defense, defense of another, or defense of that person’s home reasonably believed that the force was required to prevent harm, loss, or a risk to life or safety, a fact finder is not allowed to take the possibility of retreat into account.
In other words, if you are on trial for shooting someone in self-defense, you will need to demonstrate that you were unable to flee until the new legislation is formally in effect. However, you will no longer be legally obligated to try to flee before employing deadly force as of April 4. The new law expands Ohio’s “castle doctrine,” which eliminated the obligation to withdraw in your home and vehicle but left it intact in other places, according to the Buckeye Firearms Association.
Know Your Rights. Talk to a Zanesville Ohio Criminal Defense Lawyer
Self-defense with a handgun is never something to be taken lightly. The matter will most likely make it to the courts if you do this. Even when the law is on your side, you may still require the assistance of criminal defense attorneys at Graham Law to ensure that your freedom and rights are maintained.