If you were defending yourself, it should not be considered assault in Ohio.
A lawyer may work to show that you acted in self-defense if you face assault charges after someone attacked you or another person.
You can discuss the specifics of your situation with a Cleveland assault defense lawyer from HMW Law—The Ohio Trial Attorneys after an arrest. An attorney can review your circumstances and give you more information about the steps you need to take to protect your future and build your defense.
Does Ohio Consider It Assault if You Were Defending Yourself and Hurt Someone?
The legal system in our state does not consider it assault if you were defending yourself (or acting in the defense of another) and caused someone else physical harm, as long as you used reasonable force.
In fact, self-defense is one of the most common defenses used in assault and battery cases. If, for example, someone attacked you in a bar, you would likely fight back until the threat no longer posed a danger to you, such as if the attacker gave up and walked away.
Ohio considers self-defense an affirmative defense, meaning that to use the defense, you’ll admit that you acted against another person but that you did so with legal justification. A Cleveland criminal defense lawyer from HMW Law—Ohio Trial Attorneys can tell you more about this defense through a legal consultation.
For a free legal consultation, call 216-774-0000
How Does Ohio Define Self-Defense?
Under Ohio’s laws, you are acting in self-defense if you use reasonable force to protect yourself, your residence, or someone else from harm. Generally, a lawyer will need to show that someone tried to use unlawful force against you to show that you acted in self-defense.
Ohio law shifted the burden of proof under House Bill 228. The defense does not carry the burden to prove self-defense. Once initial evidence is raised, the prosecution must disprove it beyond a reasonable doubt.
Likewise, if you took action in defense of others or defense of property, these would also be reasonable defenses to an assault charge. Whether you were defending a loved one or an innocent person, you may have needed to strike the attacker to get them to back off and cease attacking the victim. HMW Law’s attorneys can review your case to see if your case qualifies as self-defense.
Ohio Laws on Self-Defense
Ohio uses three overlapping laws to establish self-defense doctrines. The state’s general self-defense rule allows you to take reasonable action to protect yourself or in defense of another.
The state’s Castle Doctrine gives you the legal right to use force to defend yourself in your own home. Under the Castle Doctrine, you do not have to tolerate having an intruder in your home, potentially even if they do not cause you a physical injury.
Our state further expanded self-defense laws in 2021 through Senate Bill 175. This bill extended the Stand Your Ground principle, stating that you don’t have to retreat before defending yourself using force if someone attacks you where you have a lawful right to be.
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What Does Ohio Consider Assault?
In the state of Ohio, the court defines assault as knowingly causing or attempting to cause physical harm to another. Likewise, the court can also define assault as recklessly causing serious physical harm to another or another’s unborn child.
Note that you do not have to make physical contact with another person to face assault charges. Even attempting to cause a bodily injury can result in assault or aggravated assault charges.
A criminal defense attorney from HMW Law can tell you more about assault allegations and quickly get to work on your behalf. You do not have to try to stand up to police officers and prosecutors on your own after an arrest.
What Are the Results of an Assault Conviction?
Individuals convicted of assault in Ohio could face:
- Jail time
- Fines
- Probation
- Orders to attend anger management courses
An attorney can tell you more about these potential penalties and explain whether it’s considered assault if you were defending yourself and someone else got hurt.
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Take Charge of Your Defense in Cleveland, OH
So, is it considered assault if you were defending yourself or acting in defense of another, and someone got hurt? Generally, Ohio will not convict you for assault if a lawyer can show you acted in self-defense.
The best way to know if self-defense is an appropriate defense for you is to talk to an experienced Cleveland assault defense lawyer as soon as possible. Our team at HMW Law—Ohio Trial Attorneys has more than 60 years of combined legal experience to offer your case, and we’re ready to take charge.
You can rely on us to explain what self-defense means and to review every facet of your situation. We’re ready to take charge if you face charges for assault. Turn to us now and get the help you deserve.
Call or text 216-774-0000 or complete a Free Case Evaluation form
