Legal Question in Criminal Law in Ohio

Assault

I was told I could not claim self defense because I was in the house of the person who claims I assaulted them. But I tried to leave twice, but I was pinned in between him and the door, but the door opened inward so I could not open the door to leave, and then he shoved me up against the door and then shoved back and put him in some kind of submission hold. How can I prove that it was self defense or prove that it wasn't assault but a way to prevent an increasingly hostile situation?


Asked on 12/01/08, 11:49 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Assault

In Ohio, you always have the right to use reasonable force to defend yourself from attack by another person, even if you are in that person's home, provided you are lawfully at the location. In other words, if you broke into another person's home and then used force to defend yourself, you might have a problem. On the other hand if you were invited into another person's home, a dispute erupts, and you use force to defend your self from attack, that is perfectly legal. Based on your question, it sounds like this latter situation is what occurred.

The only way to prove that the events occurred as you describe is to take the case to trial and let a jury decide the facts. I assume, from your question, that there were no witnesses (other than you and the person claiming you assaulted him).

If this is a simple assault it is a first degree misdemeanor (M-1) and carries a maximum punishment of six months in jail and a $1,000.00 fine. Because the potential punishment is so severe, I recommend that you hire an experienced criminal defense attorney to represent you.

Good luck with your case.

Respectfully,

Richard A. Cline

Read more
Answered on 12/02/08, 6:21 pm


Related Questions & Answers

More Criminal Law questions and answers in Ohio