Expert: n/a - 12/13/2008

Question
In the early morning hours (around 2AM) my brother Jon was awakened by a woman screaming for help. Jon ran outside with his .22 pistol to help. A man had a woman pressed against a parked car and Jon shouted at him to let her go. Then, another man came up behind Jon and said something, Jon only recalls making out the words, "kill you". The lighting was poor but Jon could see the man's arm was raised and something was in his hand. It turned out to be a beer bottle but at the time Jon didn't know what it was and he fired his pistol, wounding the man in the shoulder. At this point both men and the woman fled the scene. Jon then called the police. Jon was later charged with assault. It is important, I think, to note that for years the city government had been trying to get my mother to sell her house, where Jon was at the time of this incident, and she refused. A number of pretty dirty tactics were used to try to make her sell. I believe this charge against her son was another such tactic. The judge's instructions to the jury were that if the shooting was intentional then the jury must return a guilty verdict. The fact of the shooting was not ever contested. Although self defense was defined in Ohio law it was not offered as a defense against a charge. I consider this to be a gross injustice and not just because Jon is my brother. Jon had no prior run in with the law prior or since this incident. I want to know how to undo this as much as possible, and at least restore his gun rights. Can you tell me how to go about that, or recommend any lawyer who is competent in that area? Thank you.

Answer
He must apply and receive full restoration of rights in the state of Ohio.  It will be difficult because he has a violent conviction. You may have to get a Lawyer if he is turned down. I believe he will get restoration of rights but it will most likely have firearm restrictions.  I'm not from Ohio so I have no Lawyers to recommend to you.

Good Luck