When is it legal to shoot at someone in self-defense in Ohio, Pennsylvania?
Two different shootings over the course of three days.
One of the shootings was at Rally's in Warren, and the other was at a Farrell bar after a fight broke out. Since one happened in Ohio and one happened in Pennsylvania, the laws regarding self defense are different.
"You have to use force that is proportional to the force than is being used against you," said Matthew Mangino Criminal Defense Attorney and 21 News legal analyst.
In Ohio, if you are in fear of serious bodily injury, you can use lethal force without retreating. In Pennsylvania, laws relating to self defense are less broad.
"[If] someone's using a weapon against you, you have the right to stand your ground and defend yourself. If you're being threatened in some other manor, you still have the duty to retreat before you use any self defense measures," said Mangino.
In Pennsylvania before shooting, you have to try to get away, unlike in Ohio. That provision, eliminating the "duty to retreat," became law in 2021.
As for Ohio, proving self defense is up to the state or prosecutor. Michael Yacovone, partner at Ingram Grimm & Yacovone LLP, said the defendant no longer needs to be the one that proves it was self defense.
"It is no longer an affirmative offense, meaning affirmative offense, yes I did it, but here's why. Now the state has to prove that you did it, but not in self-defense. It's a tougher burden on the state," said Yacovone.
Yacovone said this change in law has made it easier for people in the state of Ohio to win self-defense claims.
Using lethal force if you are protecting yourself on your own property has always been covered under Ohio and Pennsylvania law.
In both states, you can't use lethal force after the threat has passed.