Fights can happen unexpectedly, particularly when one or both participants have been drinking. However, if one person apparently started the fight, can the other person be charged with assault for defending himself or herself?
According to Ohio laws, assault is an attempt to cause physical harm to another, while battery is to intentionally or negligently cause offensive physical contact or bodily harm. It’s easy to do this if someone else has started attacking you first. Instincts tend to take over, and you might have struck your attacker in an attempt to defend yourself.
Usually, use of force that would otherwise be criminal in nature could be excused if it was done in self-defense. The state of Ohio allows people to use force to defend themselves, another person, their homes, or their property. The level of force that may be lawfully used varies, depending on the circumstances.
A self-defense defense can be hard to prove unless you have many witnesses to the event. It is your job to show you acted in self-defense when you inflicted force against another person, especially if the other person didn’t live to tell his or her side of the story.
If you’re facing assault charges, don’t hesitate to talk to one of our skilled Dayton criminal defense attorneys as soon as possible. The faster we learn of your situation, the more time we have to mount a defense on your behalf. Let us see how we can defend your rights and future.
Contact us at (937) 685-7006 or fill out our online form to schedule a case consultation with us today.