Defense of Others
A person may defend another only if the protected person
would have had the right to use self-defense. Under Ohio law, a
person may defend family members, friends or strangers. However,
just as if he were protecting himself, a person cannot use any
more force than is reasonable and necessary to prevent the harm
threatened.
A defendant, who claims he used deadly force to protect
another, has to prove that he reasonably and honestly believed that
the person he protected was in immediate danger of serious bodily
harm or death and that deadly force was the only way to protect the
person from that danger. Furthermore, the defendant must also
show that the protected person was not at fault for creating the
situation and did not have a duty to leave or avoid the situation.
WARNING:
The law specifically discourages citizens from taking
matters into their own hands and acting as law enforcement
agents. This is true even if the person thinks he is performing a
good deed by protecting someone or helping law enforcement.
The Ohio Supreme Court has ruled that a person risks criminal
charges if he interferes in a struggle and protects the person who
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was at fault, even if he mistakenly believed that person did not
create the situation.
In other words, if you misinterpret a situation and interfere,
you may face criminal charges because your use of deadly force
is not justified. If you do not know all the facts and interfere,
you will not be justified to use force. It does not matter that you
mistakenly believed another was in danger and not at fault.
Of greater concern than risking criminal charges is the fact
that you may be putting yourself and others in danger. If you
use your handgun to interfere in a situation, and an officer
arrives on the scene, the officer will not be able to tell if you are
the criminal or if you are the Good Samaritan.
Ohio law does not encourage vigilantism. A license to
carry a concealed handgun does not deputize you as a law
enforcement agent. Officers are trained to protect members of
the community, handle all types of situations and enforce the
law. Do not allow the privilege to carry a concealed handgun
give you a false sense of security or empowerment. Let law
enforcement officers do their job. If you want to be a Good
Samaritan, call the police.
Conclusion: Self-Defense Issues
If the defendant fails to prove any one of the three conditions
for self-defense or defense of another, he fails to justify his use of
deadly force. If convicted, an individual will be sentenced accordingly.
Defense of Property
There must be immediate threat of serious bodily harm or
death in order to use deadly force. Protecting property alone does
not allow for the use of deadly force. Therefore, a property owner
may use reasonable, but not deadly, force when he honestly believes
that the force will protect his property from harm.
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If a person’s property is being attacked or threatened, he may
not use deadly force unless he reasonably believes it was the only
way to protect himself or another from being killed or receiving
serious bodily harm.
Deadly force can never be used to protect property only.
Deadly force can never be used solely to protect property no matter
where the threat to the property occurs.
Civil Liability
Even if the situation does not lead to criminal charges or result
in a criminal conviction, the accused may still face civil liability.
The victim or his survivors could sue the accused for the harm
from his use of deadly force. A “wrongful death” lawsuit is a
common legal action for money damages brought by the survivors
of a victim who was killed. The victim or his survivors must prove
that it is more probable than not that the defendant’s use of force
was inappropriate or excessive and it caused the victim’s injuries
or death. If this is proven, the victim or his survivors may be
entitled to recover money from the defendant as punishment and/or
compensation, even if the victim was breaking the law at the time
force was used against him.
The law requires that the force used must be reasonable and
necessary to prevent the danger. So even if the victim was wrong
and caused the situation, if the force was inappropriate or excessive
in a particular situation, the defendant risks criminal and/or
civil punishment.
Self-defense is an affirmative defense that a defendant may
assert against civil liability. The defendant must prove that he
reasonably believed that he or another was in immediate danger of
serious bodily harm or death, and he could only prevent the harm
by deadly force.
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Conclusion
Carrying a concealed handgun is a privilege that does not bring
with it the right to use deadly force. The appropriateness of using
any force depends on the specific facts of each and every situation.
