The Castle Doctrine
Self-defense can be a valid defense to criminal charges of murder, homicide, manslaughter, and assault. Under Ohio law, the Castle Doctrine allows a person to use reasonable force (even deadly force) to protect themselves, their home, their vehicle, or someone else when necessary.
The Castle Doctrine applies only if they reasonably believe such force is necessary to prevent injury, loss, or risk to life or safety. Otherwise, it is not considered self-defense and they could face criminal charges.
Stand Your Ground Law
Stand Your Ground Law
As of 2021, Ohio recognizes the "no duty to retreat" rule, also known as the “stand your ground” law. This means that you have the right to stand your ground and defend yourself or others, and you are not legally obligated to retreat before using force. 
However, your defense should show that there was an imminent threat and the force used was reasonable and proportionate.
If weapons or firearms are involved, the charges may also be affected.
How Does the Castle Doctrine Work?
Due to the Castle Doctrine, you are presumed innocent unless the prosecution proves that you were not acting in self-defense.
There are a few factors to consider when using the Castle Doctrine as your legal defense: ● Who was the aggressor? If you were the initial aggressor in the situation, then you were not acting in self-defense. The Castle Doctrine only applies if you were reacting to a threat, not creating the initial threat.
● Was there an imminent danger? The person using self-defense must reasonably believe they are in immediate danger of death or bodily harm. They cannot be acting preemptively.
● Was the reaction proportionate? The force used in self-defense must be reasonable and proportional to the actual threat. For example, if an aggressor threatens to kill you, deadly force may be a proportionate response.
● Was it necessary? While you are not required to retreat before acting in self-defense, you must reasonably believe the force used was necessary to protect yourself or others from imminent harm.
● Did you have a right to be there? You must have a legal right to be in the place where you acted in self-defense. If you were in your car or in your home (including an attached garage or porch), then you have a legal right to be there. If you were outside of your car or outside of your home (including the yard or sidewalk) or if you were trespassing, then you did not have a right to protect that area.
With the help of an experience defense attorney, you can review the specifics of your case and determine the right defense for your situation.
Are you or someone you know facing criminal charges?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
