Index

Ohio Self-Defense Burden of Proof Shift

Summary

Once a defendant provides evidence of self-defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.

Rights & Rules

  • 01.
    The government, not you, bears the burden of proving that your use of force was not self-defense.
  • 02.
    You have no duty to retreat if you are in your residence or vehicle.
  • 03.
    The force used must be proportional to the threat faced.

Penalties

  • 01.
    If self-defense is disproven, penalties include potential life imprisonment for Murder.
  • 02.
    Conviction for Felonious Assault (2 to 8 years).

Verified Citations

""