# Castle Doctrine



## BigDub007 (Apr 1, 2010)

Can someone please send me some info on this .....I had my home burglerized when I was out of town ......I am going to be there a couple more nights...I was wondering what my rights were as far as someone breaking into my home.....I think we know where I am going with this one .....If you dont want to post please p.m. me Thanks 
Freddie


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## BassBlaster (Jun 8, 2006)

The Castle Doctrin protects you from civil suit in your home and in your occupied vehicle.

Its sole purpose is to keep a bad guys family from sueing you for wrongful death if you were to kill them in a self defense incident.

That being said, posting your intentions on an internet forum isnt gonna help your case any when you go to court for killing someone.


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## BigDub007 (Apr 1, 2010)

I just wanted to know if you were aloud to use leathal force to protect your family in a situation that happens in your house.........I hope I never have to ......I will protect my pregnant wife if needed........I hope you are never out of town and somthing like this happens to you .......Thanks for your support bud !


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## BigDub007 (Apr 1, 2010)

All I wanted to know if someone breaks into your house and wants to cause you harm, you would be aloud to defend yourself.........I would never want it to come down to this but it can happen to anyone including yourself BassBlaster......


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## Sharp Charge (Jun 24, 2009)

BigDub007 said:


> All I wanted to know if someone breaks into your house and wants to cause you harm, you would be aloud to defend yourself.........I would never want it to come down to this but it can happen to anyone including yourself BassBlaster......


Short answer: Yes.

http://codes.ohio.gov/orc/2901.05

2901.05 Burden of proof - reasonable doubt - self-defense.

(A) Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof, by a preponderance of the evidence, for an affirmative defense, is upon the accused.

(B)(1) Subject to division (B)(2) of this section, *a person is presumed to have acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.*

(2)(a) The presumption set forth in division (B)(1) of this section does not apply if the person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle.

http://codes.ohio.gov/orc/2901.09

2901.09 No duty to retreat in residence or vehicle.

(A) As used in this section, &#8220;residence&#8221; and &#8220;vehicle&#8221; have the same meanings as in section 2901.05 of the Revised Code.

(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person&#8217;s residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person&#8217;s residence, and a person who lawfully is an occupant of that person&#8217;s vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.


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## Sharp Charge (Jun 24, 2009)

Also, more legal speak here, the actual SB184 legislation: http://www.legislature.state.oh.us/bills.cfm?ID=127_SB_184


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## BigDub007 (Apr 1, 2010)

Thanks sharpe charge ......It feels horrible having your house invaded by some lowlife that now has all my info a couple guns my wife jewery and a new x-box :[ I dont think they had a car because they left my flatscreens .....So I think they might be coming back ...........Thank god I am moving into my new home in pataskala on the 27th....My wife and I got into a house on the westside to store my boat and toys ect. We wanted to save $ for a year or two and buy a house .......I advise anyone who lives on the hilltop to keep your toys elsewhere .....Its not a good place to live :[


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## Sharp Charge (Jun 24, 2009)

Sorry to hear. I've had a motorcycle stolen when I first transferred to VA, so I know the feeling. The only other thing I can say is, Keep your guns in a safe when you're not home. 

Hopefully you get them back, and please tell me you had renters insurance....


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## BigDub007 (Apr 1, 2010)

Yes ......I got a firearm from a person @ the swapersmeet he never wanted my info nor did I write down the serial number for that firearm....:[ my two others yes....I will never make that mistake again.....


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## BassBlaster (Jun 8, 2006)

BigDub, youve got me figured all wrong. I'm not an anti, telling you not to protect your family. I'm a CHL holder as is my wife. There are guns in my home for the sole purpose of protection. If someone threatens my family, I know how to protect them. I'm just saying your post sounded like your just looking for revenge and posting about it isnt gonna help you after you get revenge. Go back and read your post and see how it looks for yourself. Dont get your feathers in a bunch over my comment, I was just trying to help so thank YOU for your support, bud! Geesh.


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## BigV (Nov 11, 2004)

> Before using deadly force you must establish that you did not create the situation and you must be at risk of death or great bodily harm. It is generally agreed that to satisfy that risk, your attacker must have the ability, opportunity and intent to do you arm. All three elements are required to exist at the same time for you to be justified in use of deadly force.
> 
> SB184 establishes that all of these are presumed to be satisfied if someone unlawfully enters, or is attempting to enter your occupied home or car.
> 
> Sec 2925.05 (B)(1) Subject to division (B)(2) of this section, a person is presumed to have acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.


............


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## RushCreekAngler (Jan 19, 2011)

Read the Ohio concealed carry manual:

http://www.ohioattorneygeneral.gov/...ations/2009-Concealed-Carry-Laws-Booklet.aspx

Even if you don't want a permit (but you can carry concealed on your own property), it's a good read - it spells out in exactly what situations you can use deadly force if needed, and (you have to read between the lines a little) exactly how to phrase your response when law enforcement arrives ( i.e I was afraid for my life).


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## ezbite (May 25, 2006)

Freddie, I think you got Bassblaster wrong. I don't think he was comming down on you, He was just giving some you friendly advise  I kinda got the same vib when I first read your post.

I too know the feeling of being ripped off. I had all my guns and a crossbow stolen out of my appt over 20 years ago. To this day I check my doors and windows 2 to 3 times before I leave. Everything of value is locked in a safe and I have several security and mercury lights around my property. I come to find out about 10 years later it was a friend who climbed thru my kitchen window. He let it slip one out day when he was drunk. The feeling will never go away, but it will make you more vigilant.

To answer you original question, YES defend yourself and your family at all cost.


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