Index

Ohio Self-Defense Burden of Proof Shift

Summary

The burden of proof is on the prosecution to prove beyond a reasonable doubt that a person did not act in self-defense, provided the defendant presents evidence tending to support the claim.

Rights & Rules

  • 01.
    The state must prove you were not defending yourself, rather than you having to prove you were.
  • 02.
    You have no duty to retreat from your residence or vehicle.
  • 03.
    You are allowed to use force if you reasonably believe you are in danger of death or great bodily harm.

Penalties

  • 01.
    Criminal conviction if the prosecutor successfully disproves self-defense elements.
  • 02.
    Mandatory minimum sentences if a firearm was used in a non-justified manner.
  • 03.
    Civil liability for wrongful death if the self-defense standard is not met.

Verified Citations

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