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Common Domestic Violence Charges

Under Ohio Revised Code § 2919.25, a person can be charged with the crime of domestic violence if he or she knowingly causes or attempts to cause physical harm to a family or household member, recklessly causes serious physical harm to a family or household member, or by threat of force, knowingly causes a family or household member to believe that he or she would cause imminent physical harm to the family or household member.

Domestic violence, however, is also a phrase that applies to several other crimes that may be committed against family or household members. Many of the offenses related to domestic violence carry extremely harsh penalties that include lengthy terms of incarceration and significant fines.

Lawyer for Domestic Violence and Related Offenses in Cincinnati, OH

Do you think that you may be under investigation or were you already arrested in Hamilton County for any kind of domestic violence-related crime? Do not say anything to authorities until you have first contacted Joslyn Law Firm.

Brian Joslyn is a skilled criminal defense attorney in Cincinnati who represents clients in Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, Harrison, Miamitown, and surrounding areas in Southwest Ohio. Call (513) 399-6289 today to have our lawyers review your case and answer all of your legal questions during a free initial consultation.


Overview of Domestic Violence Offense and Related Offenses in Ohio


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Domestic Assault Crimes in Hamilton County

Assault offenses are some of the most commonly charged criminal offense in domestic disputes because an alleged offender does not need to have necessarily harmed an alleged victim in order to constitute a crime. A person may be charged with assault even if an alleged altercation did not involve physical contact.

Ohio has three degrees of assault crimes that may be considered domestic violence offenses:

Assault

Under Ohio Revised Code § 2903.13, an alleged offender commits assault if he or she:

  • knowingly causes or attempts to cause physical harm to another or to another's unborn; or
  • recklessly causes serious physical harm to another or to another's unborn.

Ohio Revised Code § 2901.01(A)(4) defines physical harm to persons as “any injury, illness, or other physiological impairment, regardless of its gravity or duration.” Commonly referred to as “simple assault,” a basic domestic assault offense is generally a first-degree misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.

Aggravated Assault

Ohio Revised Code § 2903.12 defines aggravated assault as an alleged offender, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, knowingly:

  • Causing serious physical harm to another or to another's unborn; or
  • Causing or attempting to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.

A dangerous ordnance is defined under Ohio Revised Code § 2923.11 as any of the following:

  • Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
  • Any explosive device or incendiary device;
  • Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
  • Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
  • Any firearm muffler or suppressor; or
  • Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

Serious physical harm is defined under Ohio Revised Code § 2901.01(A)(5) as any of the following:

  • Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
  • Any physical harm that carries a substantial risk of death;
  • Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
  • Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement; or
  • Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

Aggravated assault is a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000.

Felonious Assault

Under Ohio Revised Code § 2903.11, an alleged offender can be charged with felonious assault if he or she:

  • Causes serious physical harm to another or to another's unborn;
  • Causes or attempts to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.

Alleged offenders can also be charge with this crime if they, with knowledge that they have tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome (AIDS), knowingly do any of the following:

  • Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
  • Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome; or
  • Engage in sexual conduct with a person under 18 years of age who is not the spouse of the offender.

Felonious assault is a second-degree felony punishable by up to eight years in prison and/or a fine of up to $15,000.


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Sexual Domestic Violence Crimes in Cincinnati

Chapter 2907 of the Ohio Revised Code outlines a number of sex offenses. Any one of these crimes being committed against a family or household member can constitute domestic violence.

Some of the most common domestic violence sex offenses include:

Sexual Imposition

Under Ohio Revised Code § 2907.06, an alleged offender commits sexual imposition if he or she has sexual contact with another person (not a spouse), causes another person (not a spouse) to have sexual contact with the alleged offender, or causes two or more other persons to have sexual contact when any of the following applies:

  • The alleged offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
  • The alleged offender knows that the other person's, or one of the other person's, ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.
  • The alleged offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.
  • The other person, or one of the other persons, is 13 years of age or older but less than 16 years of age, whether or not the alleged offender knows the age of such person, and the alleged offender is at least 18 years of age and four or more years older than such other person.
  • The alleged offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the alleged offender, and the alleged offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

A first offense of sexual imposition is a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500. If an alleged offender has been previously convicted of sexual imposition or an enumerated sexual offense, then any subsequent sexual imposition offense is classified as a first-degree misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.

Sexual Battery

Under Ohio Revised Code § 2907.03, an alleged offender commits sexual battery if he or she engages in sexual conduct with another person (not a spouse) when any of the following apply:

  • The alleged offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
  • The alleged offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired.
  • The alleged offender knows that the other person submits because the other person is unaware that the act is being committed.
  • The alleged offender knows that the other person submits because the other person mistakenly identifies the offender as the other person's spouse.
  • The alleged offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
  • The other person is in custody of law or a patient in a hospital or other institution, and the alleged offender has supervisory or disciplinary authority over the other person.
  • The alleged offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
  • The other person is a minor, the alleged offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.
  • The other person is a minor, and the alleged offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.
  • The alleged offender is a mental health professional, the other person is a mental health client or patient of the alleged offender, and the alleged offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes.
  • The other person is confined in a detention facility, and the alleged offender is an employee of that detention facility.
  • The other person is a minor, the alleged offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric.
  • The other person is a minor, the alleged offender is a peace officer, and the offender is more than two years older than the other person.

Sexual battery is generally a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000. If the alleged victim is less than 13 years of age, the offense becomes a second-degree felony punishable by up to eight years in prison and/or a fine of up to $15,000.

Rape

Under Ohio Revised Code § 2907.02, an alleged offender commits rape if he or she engages in sexual conduct with another person when the alleged offender purposely compels the other person to submit by force or threat of force, or engages in sexual conduct with another person who is not the spouse of the offender or who is the spouse of the alleged offender but is living separate and apart from the offender, when any of the following applies:

  • For the purpose of preventing resistance, the alleged offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
  • The other person is less than 13 years of age, whether or not the alleged offender knows the age of the other person.
  • The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the alleged offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

Rape is a first-degree felony punishable by up to 11 years in prison and/or a fine of up to $20,000.

Unlawful Sexual Conduct with a Minor

Under Ohio Revised Code § 2907.04, an alleged offender commits unlawful sexual conduct with a minor if he or she is 18 years of age or older and engages in sexual conduct with another person (not a spouse) when the alleged offender knows the other person is 13 years of age or older but less than 16 years of age, or the alleged offender is reckless in that regard.

Unlawful sexual conduct with a minor is generally a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000. If, however, the alleged offender is less than four years older than the other person, the crime is a first-degree misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000. When an alleged offender is 10 or more years older than the other person, the crime is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000.


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Domestic Trespassing Offenses in Cincinnati

One domestic violence offense that does not necessarily have to involve physical contact with an alleged victim but can involve fear of an alleged causing physical harm is the crime of aggravated trespass. Under Ohio Revised Code § 2911.211, an alleged offender commits aggravated trespass if he or she enters or remains on the land or premises of another person with the purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the alleged offender will cause physical harm to him.

Aggravated trespass is a first-degree misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.


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Ohio Resources for Domestic Violence and Related Offenses

Trauma-Informed Care: Best Practices and Protocols for Ohio’s Domestic Violence Programs — The Ohio Department of Mental Health funded this manual that takes a closer look at the experiences of domestic violence victims. The manual begins by discussing what trauma is, what makes domestic violence traumatic, and who is traumatized by it. You can learn more about understanding trauma, trauma-informed care best practices, and trauma-informed care protocols.

Crime Control Effects of Prosecuting Intimate Partner Violence in Hamilton County, Ohio, 1993-1998 — The United States Department of Justice funded this study that sought “to improve understanding of the conditions under which criminal sanctions do and do not reduce repeat violence between intimate partners.” You can learn more about how this study was conducted and the methodology that was used. You can also download various datasets, including codebooks and a user guide.


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Joslyn Law Firm | Cincinnati Domestic Violence and Related Offenses Lawyer

If you were arrested or believe that you could be under investigation for any kind of crime related to domestic violence, it is in your best interest to seek legal representation as soon as possible. Joslyn Law Firm aggressively defends clients all over southwest Ohio against these types of criminal charges.

Cincinnati criminal defense attorney Brian Joslyn represents clients in Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami, Montgomery, Reading, and many other nearby communities. Our lawyers will provide an honest and thorough evaluation of your case when you call (513) 399-6289 or submit an online contact form today to schedule a free, confidential consultation.


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