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Can I Be Charged with Assault if it Was Self-Defense?

Can I Be Charged with Assault if it Was Self-Defense?

As a criminal defense attorney serving the Columbus area, I’ve had countless clients ask me a burning question: “Can I be charged with assault if it was self-defense?”

It’s a valid concern, and today, I’m diving into the legal nitty-gritty to give you the lowdown on how self-defense plays out in Ohio’s legal landscape.

What Exactly is Self-Defense?

Imagine you’re in a situation where your safety, or that of someone else, is under threat. It’s your legal right to protect yourself from harm when faced with imminent danger or the threat of it. But—and this is crucial—your response must be reasonable and proportional to the threat at hand.

Ohio’s Stand Your Ground Law: Standing Firm on Your Rights

Ohio doesn’t mess around when it comes to self-defense. We’re a “stand your ground” state, meaning you don’t have to beat a hasty retreat before defending yourself if you’re somewhere you have a right to be. If you reasonably believe your life or bodily integrity is in jeopardy, you’re within your rights to stand your ground and defend yourself.

The Castle Doctrine: Your Home, Your Sanctuary

Ever heard of the phrase “my home is my castle”? Well, in Ohio, it’s more than just a saying—it’s the law. The Castle Doctrine extends your right to self-defense to your home, vehicle, or occupied vehicle. If someone’s unlawfully barging into your sanctuary, you’re entitled to use force—yes, even deadly force—to keep yourself and others safe.

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But What About Assault Charges?

Here’s where it gets tricky. While Ohio recognizes your right to defend yourself, there’s a fine line between self-defense and assault. Your response must fit the threat. If it goes beyond what’s considered reasonable or proportional, you might find yourself facing assault charges—even if you were just trying to protect yourself.

Why Reasonableness Matters

In the eyes of the law, reasonableness is key. If you claim self-defense, you’ve got to show that your actions were justified given the circumstances. This means gathering evidence, painting the full picture of what went down, and demonstrating that you acted in self-defense to the best of your ability.

Seeking Legal Backup

Facing assault charges is no joke, especially when you were only trying to defend yourself. That’s why it’s crucial to have a savvy criminal defense attorney in your corner. We’ll sift through the details, gather evidence, and craft a defense that stands strong in the face of legal scrutiny.

Know Your Rights, Protect Your Future

Remember, while Ohio law has your back when it comes to self-defense, crossing that line into excessive force can land you in hot water. Understanding the ins and outs of self-defense laws and having a legal ace up your sleeve are your best bets for safeguarding your rights and navigating assault charges.

If you’re staring down assault charges or have questions about self-defense laws in Ohio, don’t hesitate to reach out. I’m here to lend an ear, offer guidance, and fight tooth and nail for your rights. Your future is worth defending, and we’re here to help you do just that.

Should I Use a Public Defender or Hire a Private Defense Attorney?

Should I Use a Public Defender or Hire a Private Defense Attorney?

Facing criminal charges can be an intimidating and overwhelming experience, and one of the most critical decisions you’ll have to make is choosing between a private defense attorney or a public defender to represent you. Both options have their advantages and limitations, and it’s crucial to understand the differences to make an informed decision. In this article, we’ll explore the factors you should consider when choosing a private for-hire attorney or a public defender.

1. Expertise and Resources:

Private Defense Attorney:
Private criminal defense attorneys often have specialized expertise in specific areas of the law. They can choose their cases, allowing them to focus on their strengths and build a strong defense tailored to your situation. They also have access to a network of experts, investigators, and resources that can be crucial in building a strong defense.

Public Defender:
Public defenders are committed legal professionals, but they often have heavy caseloads and limited resources. While they possess valuable experience, they might have less time to dedicate to your case, which can impact the depth of their investigation and preparation.

2. Personalized Attention:

Private Defense Attorney:
Hiring a private attorney typically means receiving more personalized attention. Your attorney can give your case the time and dedication it deserves, addressing your specific needs and concerns.

Public Defender:
Public defenders may have numerous cases to handle simultaneously, which can limit their ability to provide the same level of individualized attention. While they will work diligently to represent you, their caseloads may affect the depth of their involvement in your case.

3. Costs and Fees:

Private Defense Attorney:
Hiring a private attorney involves costs, which can vary significantly based on the complexity of your case and the attorney’s experience. However, many private defense attorneys offer payment plans or accept legal aid if you qualify.

Public Defender:
Public defenders are provided by the state or federal government, so their services are typically free if you meet the eligibility criteria. This makes them an accessible option for individuals who cannot afford private representation.

4. Decision-Making Control:

Private Defense Attorney:
When you choose a private attorney, you have more control over the direction of your defense. You can make decisions about plea bargains, trial strategies, and other aspects of your case.

Public Defender:
Public defenders are obligated to act in your best interests, but their ability to make strategic decisions may be influenced by the policies of their office and their caseload. You still have a say, but you may have less control over the direction of your defense.

Conclusion:
The choice between hiring a private defense attorney and using a public defender is a critical decision that should be based on your specific circumstances and needs. Private attorneys offer expertise, personalized attention, and flexibility, but they come at a cost. Public defenders provide legal representation without direct fees, but their caseloads may limit their ability to dedicate as much time to your case.

Ultimately, the decision should align with your financial situation, the complexity of your case, and your comfort level with your chosen attorney. Consult with a legal professional to make an informed choice that will best serve your interests in your criminal defense case.

Looking for legal help? Call Akamine Law for a FREE case review.

How to Choose the Right Criminal Defense Lawyer: A Guide for 2024

How to Choose the Right Criminal Defense Lawyer: A Guide for 2024

Facing criminal charges is one of the most stressful experiences anyone can endure. Even a minor offense can result in a criminal record that haunts you for years—affecting your career, your living situation, and even personal relationships.

The reality is this: the lawyer you choose could determine the outcome of your case. But with so many attorneys advertising their services, how do you find the right one? Here’s a step-by-step guide to help you make this critical decision.

 

1. Does the Lawyer Have Experience with Your Charges?

Criminal law is vast, and not every attorney is suited for every type of case. If you’ve been charged with a crime, choose an attorney who specializes in cases like yours.

For example:

  • A lawyer who focuses on white-collar crimes might not be the best fit for a DUI or assault case.
  • Similarly, a defense attorney with expertise in drug-related offenses may lack the nuanced experience needed for a domestic violence charge.

What to Do:

  • Ask about their track record with cases similar to yours.
  • Research their courtroom experience and outcomes for those cases.

2. Do You Feel Comfortable with Them?

Your lawyer isn’t just your representative—they’re your partner in navigating a stressful and complex legal process. Comfort and trust are essential in this relationship.

How to Gauge Comfort:
Take advantage of free initial consultations offered by most law firms. Use this time to:

  • Ask questions.
  • Assess how well they explain your options.
  • Determine if you feel heard and respected.

Questions to Ask Yourself After the Meeting:

  • Am I comfortable talking openly with them?
  • Do they explain legal concepts in a way I can understand?
  • Do they seem genuinely concerned about my case?
  • Do I feel confident in their ability to represent me?

If something feels off, don’t hesitate to move on to another candidate.

 

3. What Do Reviews and Recommendations Say?

Personal recommendations and online reviews can be incredibly helpful when searching for a lawyer. However, they shouldn’t be the only factor in your decision.

  • Word of Mouth: If you know someone who has been in a similar situation, ask who they used and how their experience was.
  • Online Reviews: Check Google, Facebook, and legal directories for feedback from past clients.

Key Tip:

  • A lack of reviews doesn’t always mean a lawyer isn’t competent. Criminal defense cases are often private, and many clients choose not to share details publicly.
  • Focus on patterns in reviews—if there are consistent complaints about poor communication or lack of preparation, that’s a red flag.

4. Does the Lawyer Have Courtroom Confidence?

If your case goes to trial, you need a confident and persuasive lawyer in the courtroom. A good trial lawyer should:

  • Be well-prepared and organized.
  • Speak clearly and convincingly.
  • Handle pressure with composure.

When meeting with a potential attorney, observe their demeanor:

  • Are they well-dressed and professional?
  • Do they exude confidence without arrogance?

Don’t Forget:
You should feel involved in your case. The lawyer works for you, and major decisions—like whether to take a plea deal or go to trial—should be made with your input.

 

5. What Does Your Gut Say?

When it comes down to it, your instincts are your best guide. If something doesn’t feel right—whether it’s their communication style, attitude, or approach—trust your gut and keep looking.

Remember:
You’re interviewing them to see if they’re the right fit for you, not the other way around.

 

💡 How Ohio Laws Impact Your Search for the Right Lawyer

Ohio’s legal landscape is unique, so it’s important to find an attorney with in-depth knowledge of local laws and procedures:

  • Criminal Records in Ohio: A conviction, even for a minor crime, can have long-lasting consequences. A skilled Ohio attorney can guide you through options like record sealing or expungement.
  • Mandatory Minimums: Some crimes in Ohio carry mandatory minimum sentences, which can complicate plea deals. Make sure your lawyer understands how these laws apply to your case.
  • DUI/OVI Cases: Ohio has strict operating vehicle impaired (OVI) laws. If your charges involve DUI or similar offenses, your attorney should be familiar with local enforcement and testing protocols.

Choosing a lawyer with experience in Ohio law ensures you’ll have an advocate who understands the nuances of the state’s legal system.

 

Checklist: How to Evaluate a Criminal Defense Lawyer

Here’s a quick recap of what to look for when choosing a lawyer:

  1. Experience: Do they specialize in your type of case?
  2. Comfort: Do you feel confident and at ease with them?
  3. Reputation: What do reviews and personal recommendations say?
  4. Courtroom Presence: Can they confidently represent you in trial?
  5. Instinct: Does this lawyer feel like the right fit for you?

 

Contact an Experienced Ohio Criminal Defense Lawyer

If you or a loved one is facing criminal charges, don’t wait—get the right legal representation on your side.

At Nathan Akamine Law, we understand the stakes and are here to fight for you. Schedule a consultation today and take the first step toward protecting your future.

 

Can a social media post result in criminal charges?

Can a social media post result in criminal charges?

If you’ve spent any time on social media, it’s likely that you read abusive and oftentimes offensive statements posted or left as comments. Most people are under the assumption the things said online are without repercussions. However, that may not be the case.

Perhaps you remember hearing about Justin Olsen, an 18-year-old Ohio man who was arrested last year on federal charges after investigators claimed that he made multiple entries online posting his support of mass shootings, and cited a target of Planned Parenthood.

Regardless of Olsen telling the FBI that his posts were “only a joke”, he was booked on state charges of telecommunications harassment and aggravated menacing, and the federal charge of threatening a federal law enforcement officer.

Although Olsen’s charges are considered to be severe for online behavior, a malicious or threatening post may qualify as defamation. Defamation is the publication of a statement about someone that hurts their reputation in the eyes of members of society.

Online actions can have severe consequences.

You may remember a case where social media played a major part in a case against two football players who were eventually found guilty of raping an intoxicated 16-year-old girl.

The victim says she doesn’t remember much of what happened the night when Trent Mays, 17, and Ma’lik Richmond, 16, assaulted her at a friend’s party, and that she only became aware of it after a video surfaced on social media. A key piece of evidence was an Instagram photo of the boys carrying the girl out of the house by her arms and legs.

That being said, photos and videos, whether posted publicly or obtained by police, have to meet certain criteria:

  • They must be authenticated, meaning the prosecutors have to prove the images are what they seem and have not been altered or staged;
  • they can not be shown out of context

Additional charges were later brought against two teenage girls in the same case after police were shown twitter posts threatening the physical harm to the victim if she didn’t drop the charges.

Can I be arrested for posting a video?

Richard Godbehere uploaded a 5-minute video of himself driving, cracking open a beer, then proceeding to take a drink. He then stated “We all know drinking and driving is against the law. You’re not supposed to do that. But they didn’t say anything about driving and then drinking.”

A joke, maybe. Against the law, definitely. He was surprised when the police showed up at his house prepared to arrest him on charges of consuming alcohol while operating a vehicle.

He stated the video was meant as a parody and claimed there wasn’t actually beer in the bottle, to which Police Chief Darryl Perry stated: “Our traffic laws are in place for a reason, and Mr. Godbehere’s blatant disregard for those laws is the type of behavior that won’t be tolerated.”

The moral of the story, be careful what you say online. It can, and will be used against you in a court of law.

If you or someone you love is in need of an experienced and aggressive criminal defense lawyer, call Nathan Akamine.

What happens if I’ve been falsely accused of domestic violence?

What happens if I’ve been falsely accused of domestic violence?

According to the CDC**, 1 in 4 women and 1 in 7 men experience some form of physical violence by their partner at some point during their lifetimes. About 1 in 3 women and 1 in 6 men experience sexual violence during their lifetimes.

Note: This article has no intention of dismaying or minimizing the serious nature of valid domestic violence charges, nor undermining the suffering of victims of intimate partner violence (IPV). It is intended to raise awareness and address the plight of the falsely accused.

Domestic Violence extends beyond physical harm.

Charges can result from physical, emotional, sexual, financial, mental or psychological, destruction of personal property, stalking, and cyberbullying. Whether the charges are misdemeanors or felonies depends on the allegations, the age of the individuals, and whether there were weapons involved.

Under duress, it is not uncommon for one party to call the police and fabricate a story in order to end a heated argument, retaliate, or try to gain an edge in pending child custody hearings. Once the charges are filed, they can not easily be retracted (dropped), and can adversely affect the life and future of the accused. The decision to go forward with charges is completely up to the State Prosecutor on the case.

Is Domestic Violence a Misdemeanor or a Felony?

Domestic Violence can be charged as a misdemeanor or a felony depending on the seriousness of the charge, and both are separated into degrees, First Degree being the most serious. For an offense that has caused physical harm to the alleged victim, a defendant can be charged with anything from a 1st-degree misdemeanor to a 3rd-degree felony. The threat of physical harm against an alleged victim can result in being charged with anything from a fourth-degree misdemeanor to a first-degree misdemeanor.

What are the Penalties of Domestic Violence in Ohio?

  • 1st-degree misdemeanor – up to 6 months in jail and fines up to $1000
  • 2nd-degree misdemeanor – up to 90 days in jail and fines up to $750
  • 3rd-degree misdemeanor – up to 60 days in jail and fines up to $500
  • 5th-degree felony – 6-12 months in prison and fines up to $2500
  • 4th-degree felony – 6-18 months in prison and fines up to $5000
  • 3rd-degree felony – 9 months -3 years in prison and fines up to $10,000

If the victim was pregnant at the time of the offense – minimum 6 months-1 year in prison
*depending on the severity of the incident

Hire an Experienced Domestic Violence Defense Attorney

Attorney Nathan Akamine is an experienced criminal defense lawyer that will work to dismiss or lessen the charges against you. As a private practice litigator and former Franklin County Prosecutor, he knows how to mitigate your charges and will personally work with you from start to finish.

** https://www.cdc.gov/violenceprevention/intimatepartnerviolence/fastfact.html

Facing Assault Charges? Avoid These Critical Mistakes

Facing Assault Charges? Avoid These Critical Mistakes

No one plans to get into a fight, but sometimes things escalate, and before you know it, the police are involved. If you’re facing assault charges, your next steps are critical. The wrong move could make things much worse, so understanding common pitfalls is essential.

Here are the top mistakes people make when dealing with assault charges—and how you can avoid them to protect yourself.

 

1. Talking to the Police

After a fight, it’s natural to want to explain your side of the story—especially if you believe you’re not at fault. But here’s the harsh truth: talking to the police is almost always a mistake.

Police officers are trained to gather evidence, even if it’s against you. For example:

  • They may seem friendly, offering you an ice pack or sympathizing with your situation.
  • Then they’ll casually ask, “What happened?”

If you start talking, you could unintentionally admit guilt or say something they can twist into evidence against you.

What You Should Do Instead:

  • Remember your Miranda Rights: “You have the right to remain silent.”
  • Politely decline to answer any questions until you’ve spoken with an attorney.
  • Stay calm, respectful, and silent.

 

2. Talking to Others About the Incident

After a fight, it’s normal to want to vent or seek advice from friends or family. But even casual conversations can come back to haunt you.

Why?

  • The people you talk to could be called as witnesses.
  • Prosecutors might use their testimony against you, even if they’re on your side.

What You Should Do Instead:

  • Don’t discuss the incident with anyone except your lawyer.
  • Be mindful of what you say, even in private conversations—it could all be brought up later.

 

3. Posting About the Incident on Social Media

Social media might feel like a safe place to share your feelings or defend yourself, but it’s one of the worst things you can do when facing charges.

Here’s why:

  • Anything you post can be used as evidence.
  • Prosecutors love showing juries screenshots of social media posts, twisting your words or emojis to support their case.

What You Should Do Instead:

  • Avoid posting anything related to the incident, even vague or innocent-seeming updates.
  • Resist the urge to share details with friends or followers online.

 

4. Contacting the Alleged Victim

Whether you want to apologize, clear the air, or explain yourself, reaching out to the alleged victim is a huge mistake.

Why?

  • Anything you say can be misinterpreted and used against you in court.
  • Even well-meaning messages can backfire, making you look guilty or manipulative.

What You Should Do Instead:

  • Let your lawyer handle all communication.
  • Stay away from the alleged victim and anyone connected to them.

 

What You Should Do to Strengthen Your Case

Now that you know what not to do, here are a few proactive steps you can take:

  1. Hire an Experienced Defense Attorney.
    Assault charges are serious, and you need a skilled lawyer who can build a strong defense for you.
  2. Document Everything.
    Write down everything you remember about the incident, including names, times, and details. This can help your lawyer prepare your case.
  3. Stay Out of Trouble.
    Avoid any situations that could lead to further legal issues while your case is ongoing.

 

Why Having the Right Lawyer Matters

Facing assault charges can be overwhelming, but the right attorney can make all the difference. An experienced lawyer will:

  • Protect your rights.
  • Help you navigate the legal process.
  • Work to minimize or dismiss the charges against you.

If you’re in this situation, don’t try to handle it alone.

 

Get Help Today

Every choice you make matters when facing assault charges. Protect your future by avoiding these common mistakes and getting the right legal representation.

Contact defense attorney Nathan Akamine today for a free legal consultation. Let’s work together to build the strongest defense possible.