|No 'Stand Your Ground' law in Ohio|
|Written by Sentinel Staff|
|Friday, 19 July 2013 07:24|
Saturday’s verdict in the George Zimmerman trial, and the controversy over Florida’s “stand your ground” law which took center stage in the case, may leave some wondering: are there similar laws in the state of Ohio?
According to State Senator Randy Gardner (R – Bowling Green), Ohio does not have a “stand your ground” law as in Florida and 23 other states — a law which says an individual has no duty to retreat when attacked — but it does have laws based on the “castle doctrine,” allowing people to protect themselves, without a duty to retreat, when attacked by a person who has entered their home or vehicle while they are inside.
The laws were the result of Ohio Senate bills passed in 2008 and 2011, according to the Ohio Bar Association. Senate Bill 184, passed by the 127th General Assembly in 2008, stands as Ohio’s version of the castle doctrine, Gardner noted in a recent email.
Before those measures, “Ohio law previously required the victim of a home invasion to retreat before using deadly force against the intruder,” according to the Bar Association’s website. “A person who used deadly force in such a situation had to prove in court that he or she acted out of fear of serious injury or death.”
However, current laws “presume you have acted in self defense or in defense of another when using deadly force against someone who has unlawfully entered your residence or vehicle. If you were charged, the prosecution would have to prove that the intruder did not enter your house or vehicle with the intent of causing harm.”
Similar castle doctrine laws have been enacted in 48 of the 50 states.
|Last Updated on Friday, 19 July 2013 08:39|
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