Ohio Domestic Violence Penalties
Domestic violence is described in Section 2919.25 of the Ohio Revised Code. That is where you should look and what you should read to specify the penalty for your particular set of facts.
First offense domestic violence
The first violation of domestic violence laws is most often structured as a first degree misdemeanor. The punishment includes the possibility of a jail sentence that can last for up to six months. A fine of as much as $1000.00 can be assessed. If the alleged victim was pregnant, the charge becomes a felony with a set minimum sentence. Contact legal counsel for help understanding the maximum sentences required when the alleged victim is pregnant.
There is a provision whereby a fourth degree misdemeanor is applied. That is in the case of a threat of force; no actual force was attempted or occurred. That crime is punishable by up to a thirty day jail sentence and a fine of no more than $250.00. There are situations including if there are priors and if the alleged victim is pregnant that can change this to a much more serious crime. The defendant must serve a set maximum sentence. Contact legal counsel for help understanding this maximum.
If you have prior offenses get legal advice immediately! CALL ME!
Second offense domestic violence
A prior offense includes any violation of a broad category of crimes that pertain to domestic violence, including domestic violence and, if the victim was a family member, negligent assault, criminal damaging or endangering, criminal mischief, criminal trespass, aggravated trespass, endangering children or any crime of violence against a family or household member. This includes laws that are local but similar in nature. Get legal help if you have a prior conviction to insure that the conviction does not affect this current charge. CALL ME!
A second offense results in a fourth degree felony and results in between six and eighteen months in prison (not jail) and a fine of up to $5000.00. If the victim was pregnant at the time of the offense, the defendant must serve a set maximum sentence. Contact legal counsel for help understanding this maximum.
Two or more prior offenses
Should there be a two or more prior offenses (as described above) the crime becomes a third degree felony. A prison sentence of up to five years and a fine of up to $10,000 can be imposed. If the victim was pregnant, the defendant must serve a set maximum sentence. Contact legal help for understanding this maximum.
In addition to all of the above ...
Along with those penalties, probation often brings with it severe restrictions regarding the behavior of the defendant against the alleged victim. As was the case with the temporary protection order (TPO), a violation of those terms often results in jail.
A violation of any domestic violence law then prohibits the defendant from ever possessing a firearm. That forecloses law enforcement or security employment that requires a firearm. With a domestic violence conviction one cannot hunt with a firearm.
Because of recent court decisions, going to trial may be your only option. Not going to trial, making a plea bargain, regardless what that plea bargain is, will almost certainly result in a "Brady Disqualifier". A "Brady Disqualifier" means that you can no longer possess weapons. You cannot hunt. You cannot become a police officer. For this reason many people charged with domestic violence must fight the charge. Please see the page below.
The above doesn't cover many other issues that revolve around domestic violence penalties. Contact your attorney immediately. CALL ME!