Stand Your Ground Defense

Stand-Your-Ground and Self-Defense Legal Defense

Rapp Law Office has extensive experience handling self-defense and stand-your-ground cases. We provide personalized attention, thorough case evaluation, and strong representation to help protect your rights and freedom.

Yes, Ohio has a stand-your-ground law (Ohio Revised Code Section 2901.09). Signed into law on January 4, 2021, and effective April 4, 2021, this legislation eliminates the "duty to retreat" before using force in self-defense, provided certain conditions are met.

Key Provisions of the Law

• No duty to retreat: A person is no longer required to attempt to escape a dangerous situation before using force in self-defense, defense of another, or defense of their residence
• Lawful presence: This protection applies in any place where the individual is lawfully allowed to be, including public spaces, vehicles, and private property (unless prohibited by an employer or property owner)
• Reasonable belief of danger: The law still requires that the person has a reasonable belief that the force used was necessary to prevent an imminent threat of death or great bodily harm
• Proportional force: The amount of force used must be proportional to the threat faced
• Not the aggressor: The person claiming self-defense must not have been at fault in creating the situation or initiated the violence
• Burden of proof: A significant change in Ohio law (enacted in 2019, prior to the "stand your ground" expansion) is that the prosecution must now prove, beyond a reasonable doubt, that the defendant did not act in lawful self-defense. Previously, the defendant had the burden of proving they acted in self-defense

Civil Immunity

Ohio's law also provides protection from civil liability for individuals who use force in justifiable self-defense, defense of another, or defense of their residence, though it does not guarantee complete immunity from being sued.

For the exact legal text, please refer to the Ohio Revised Code Section 2901.09 on the Ohio Laws website. Contact us today for more details.