Ohio Penalties for Domestic Violence
When people are arrested for any criminal offense, their first thoughts usually concern how long it will be until they are released. In some cases, alleged offenders wonder if they’ll ever be released.
After an arrest for domestic violence, several factors contribute to the grading of the alleged offense and, thus, the length of the possible sentence if that person is convicted. In order to have the best chance of spending as little time as possible behind bars, it is always in a person’s best interest to immediately seek qualified legal representation.
Lawyer for Domestic Violence Penalties in Cincinnati, OH
If you think that you might be under investigation or you were already arrested in Hamilton County for any kind of alleged crime of domestic violence, you should not say anything to authorities without legal counsel. Contact Joslyn Law Firm right away for help fighting to achieve the most favorable outcome to your case and possibly having criminal charges reduced or dismissed.
Cincinnati criminal defense attorney Brian Joslyn represents clients accused of domestic violence offenses in Symmes, Norwood, Blue Ash, Reading, Harrison, Miamitown, Colerain, Green, Miami, and surrounding areas of southwest Ohio. Call (513) 399-6289 right now to take advantage of a free, confidential consultation that will allow our lawyers to provide an honest and thorough evaluation of your case so you can understand all of your legal options.
Ohio Domestic Violence Penalties Information Center
- How long can a person be sent to jail or prison for if convicted of domestic violence?
- Are there different kinds of probation?
- Where can I learn more about domestic violence punishments in Cincinnati?
The possible consequences of a conviction for a domestic violence offense depend on the specific facts of the case. The nature of the crime, whether the alleged victim sustained any injuries, and the alleged offender’s criminal record are all factors that can influence the classification of the offense.
Maximum sentences for each grade of crime in Ohio and some examples of domestic violence offenses that fall into such categories are as follows:
- Misdemeanor of the Fourth Degree — Menacing is a fourth-degree misdemeanor. Convictions are punishable by up to 30 days in jail and/or a fine of up to $250.
- Misdemeanor of the Third Degree — Negligent assault and sexual imposition are third-degree misdemeanor offenses. Convictions are punishable by up to 60 days in jail and/or a fine of up to $500.
- Misdemeanor of the Second Degree — Repeat domestic violence in which alleged offender, by threat of force, knowingly causes a family or household member to believe that the alleged offender will cause imminent physical harm to the family or household member, is a second-degree misdemeanor. Convictions are punishable by up to 90 days in jail and/or a fine of up to $750.
- Misdemeanor of the First Degree — Aggravated menacing, menacing by stalking, simple assault, endangering children, and violation of protection order are all first-degree misdemeanor offenses. Convictions are punishable by up to 180 days in jail and/or a fine up to $1,000.
- Felony of the Fifth Degree — A repeat violation of a protection order is a fifth-degree felony. Convictions are punishable by up to one year in prison and/or a fine of up to $2,500.
- Felony of the Fourth Degree — Repeat menacing by stalking, aggravated assault, repeat endangering children, and unlawful sexual conduct with a minor are all fourth-degree felony offenses. Convictions are punishable by up to 18 months in prison and/or a fine of up to $5,000.
- Felony of the Third Degree — Endangering children resulting in serious physical harm to the child, violation of protection order while committing a felony, and sexual battery are all third-degree felony offenses. Convictions are punishable by up to five years in prison and/or a fine of up to $10,000.
- Felony of the Second Degree — Felonious assault, child abuse resulting in serious physical harm to the child, and sexual battery when an alleged victim is less than 13 years of age are all second-degree felony offenses. Convictions are punishable by up to eight years in prison and/or a fine of up to $15,000.
- Felony of the First Degree — Rape is a first-degree felony offense. Convictions are punishable by up to 11 years in prison and/or a fine of up to $20,000.
While the sentences above reflect statutory maximum punishments if convicted, it is important to note that some offenses carry mandatory minimum sentences. In such cases, alleged offenders could still face the possibility of a set amount of incarceration time regardless of any mitigating factors.
Some alleged offenders are placed on probation as a result of domestic violence offenses. The type of probation that a person is placed on can have strict requirements that must be abided by in order to avoid serious consequences.
Generally, there are two kinds of probation in Hamilton County:
- Reporting Probation — An alleged offender must regularly meet with a probation officer. Depending on the case, the alleged offender may be required to submit to random drug testing, show proof of counseling, or complete other court-ordered programs. Any failure to meet with probation officer or satisfy court requirements can be a violation of probation that can result in criminal charges.
- Non-Reporting Probation — Also referred to as “paper-based probation” or “provided no convictions” (PNC), a non-reporting probation is largely handled through mail correspondence. An alleged offender does not have to regularly meet with a probation office, but is still expected to abide by court expectations. Any new criminal charges while on non-reporting probation can result in an alleged offender violating probation and possibly facing penalties relating to the suspended sentence.
Ohio Attorney General Mike DeWine | Domestic Violence Reports 2014 — Visit this website to find statistics and information about Ohio domestic violence offenses in 2014. You can learn about offenders and victims by county, ethnicity, age, and gender. On this website, you can also find a link to the Ohio Crime Victims’ Rights Booklet.
The Crime Control Effects of Prosecuting Intimate Partner Violence in Hamilton County, Ohio: Reproducing and Extending the Analyses of Wooldredge and Thistlethwaite — The authors of this research report sought to enhance “understanding of the effects of prosecution, conviction and sentence severity on subsequent offending against intimate partners.” The report is organized into three parts and concludes, “Among all 3,662 arrestees, a jail sentence has no effect on repeat offending; among only convicted offenders, a jail sentence is associated with increased repeat offending.” Rather, the analysis here “provides additional evidence that some criminal sanctions can slow the timing of repeat offending against intimate partners.”
Joslyn Law Firm | Cincinnati Domestic Violence Penalties Lawyer
Were you arrested for a domestic violence-related crime in Hamilton County? Do not delay in contacting Joslyn Law Firm for help defending yourself against the criminal charges.
Brian Joslyn is a criminal defense attorney in Cincinnati who represents clients throughout southwest Ohio, including Sycamore, Forest Park, Springdale, Montgomery, Bridgetown, Anderson, Delhi, Harrison, Springfield, and many other nearby communities. You can have our lawyers review your case during a free consultation when you call (513) 399-6289 or submit an online contact form today.