Ohio Penalties for Domestic Violence

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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 possible sentence length if that person is convicted. A lawyer from Joslyn Law Firm can help you craft a defense to aim to spend as little time as possible behind bars.

The National Academy of Criminal Defense Attorneys recognizes Brian Joslyn and the rest of the team at Joslyn Law Firm as one of the 10 Best Criminal Defense Firms in Ohio. We have a track record of 20,000 successful cases, and we might be able to help you, too.

With our track record of success and our determination to help those facing criminal charges, we are ready to review your case and get to work. Our team’s varied experience in criminal law is a benefit to any case, and we can craft a domestic violence defense to help dismiss or reduce charges you may be facing.

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 domestic violence, you do not have to say anything to authorities without legal counsel. Contact Joslyn Law Firm right away for help fighting to achieve a favorable outcome to your case and possibly have criminal charges reduced or dismissed.

The penalties for domestic violence can vary based on the circumstances of the event. Beyond the felony or misdemeanor charges you can face under Ohio law, your personal and professional relationships can be damaged.

Domestic violence felonies can be as serious as over a decade in jail time and tens of thousands of dollars. Although misdemeanors have much shorter periods of incarceration and smaller fines, that does not make them any less damaging to your life. There is a lot at stake with criminal charges, and our team is ready to help you through this by coming up with a solid defense.

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 right now at (513) 399-6289 to take advantage of a free, confidential consultation that will allow our team 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

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Sentences for Hamilton County Domestic Violence Crimes

The possible consequences of a domestic violence conviction 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 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 a fine of up to $500.
  • Misdemeanor of the Second Degree— Repeat domestic violence in which the alleged offender threatened and caused a family or household member to believe that the alleged offender would cause imminent physical harm is a second-degree misdemeanor. Convictions are punishable by up to 90 days in jail and 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 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 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 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 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 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 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.

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Types of Probation for Cincinnati Domestic Violence Offenses

Some alleged offenders are on probation as a result of domestic violence offenses. The type of probation that a person is on can have strict requirements that they must abide by to avoid serious consequences.

Generally, there are two kinds of probation in Hamilton County:

Reporting Probation

An alleged offender must meet regularly 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 a 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 officer but still has 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.

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Ohio Resources for Domestic Violence Penalties

Probation – Hamilton County Courts

This site provided probation FAQs, payment information, links to the Common Pleas Courts, expungement, and other helpful links to those on probation in Hamilton County.

Ohio Attorney General Dave Yost | Domestic Violence Reports
Visit this website to find statistics and information about Ohio domestic violence offenses dating back to 2010. 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.

Expungement – Hamilton County Courts

Here, the Hamilton County Courts defines expungement and explains waiting periods, filing fees, and other guidelines necessary for those seeing expungement of criminal records.

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 determine whether conviction, sentencing, and probation deter offenders from committing intimate partner violence a second time. The report is organized into three parts and concludes that a jail sentence does not affect repeat offending for all arrestees. Among the convicted offenders, the study found that a jail sentence is associated with increased repeat offending. However, the study also found that some criminal sanctions can slow how quickly the offender commits intimate partner violence a second time.

Ohio Revised Code § 2919.251
This chapter of the Ohio Revised Code describes how courts should evaluate bail in specific types of domestic violence cases. Some of the factors included in this chapter of the code include:

  • Whether the alleged offender was subject to a protection order
  • Whether a deadly weapon was involved
  • Whether the alleged offender shows a history of domestic violence or other violent acts
  • The alleged offender’s mental health
  • The alleged offender’s history, if any, of substance or alcohol abuse
  • The severity of the domestic violence incident at issue

Ohio Department of Health Domestic Violence Prevention Program

The Ohio Department of Health (ODH) seeks to facilitate collaboration at the community level to prevent domestic violence. The ODH Domestic Violence Prevention Program coordinates an internal Domestic Violence Work Group.

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News About Domestic Violence Penalties in Ohio 

‘Fallen Through the Cracks’: Overdue DNA Swabs Link to Murders, Sexual Assaults

This article, which appeared in The Plain Dealer, reveals how law enforcement agencies fail to gather DNA from individuals arrested for violent crimes. Over the past decade, more than 15,000 DNA samples were not collected in Cuyahoga County. This led to a mission to swab 10 percent of the uncovered DNA samples, one of which identified an unknown rapist.

Aisha’s Law Falls Short of Passing Ohio Legislature in 2020

House Bill 3, which seeks to toughen domestic abuse penalties, did not pass the General Assembly in 2020. However, the sponsor said they will reintroduce Aisha’s Bill (as it is known) in 2021. Rep. Janine Boyd explained that the purpose of the proposed legislation is to consider the escalation of harm that presents itself in repeated domestic violence cases. It proposes to expand Ohio’s aggravated murder offense to include the death of a person caused by a household member when the offender has previous convictions for domestic violence or other offenses that caused the same victim serious physical harm. 

Columbus Police Frustrated By Violent Crimes Linked to Defendants Out on Bond

Columbus police Chief Thomas Quinlan and other law enforcement officials have been pleading with judges to set higher bonds in response to defendants committing violent crimes while out on bond. Mark C. Reynolds appeared before a Municipal Court judge on a domestic violence charge after punching the mother of their child. Despite a history of misdemeanor convictions, the judge gave Reynolds a $554 bond, which he posted that same day. Within two weeks’ time, he allegedly robbed a White Castle, resulting in the restaurant manager’s death and another employee’s injury. He is now in jail on a $2 million bond.

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Ohio Domestic Violence Penalties Q&As

Below are some frequently asked questions regarding domestic violence penalties:

Q: What are the penalties for domestic violence in Ohio?

A: Ohio courts do not look favorably upon accused domestic violence offenders. Depending on circumstances, domestic violence can be charged as a misdemeanor or a felony. A misdemeanor can result in anywhere from 60 days to six months in jail and a fine from $500 to $1,000. A felony can result in a prison sentence between six months to three years and a fine between $2,500 and $10,000. If the victim of domestic abuse was pregnant, you would face a minimum six-month sentence, based on the severity of the offense and whether the unborn child suffered an injury.

Q: What are the penalties for felony domestic violence in Ohio?

A: Domestic abuse in Ohio can be charged as a felony of the third-, fourth-, and fifth degree. Penalties correspond to the level of the charges against you, as follows:

  • Fifth-degree felony: Six to 12 months in prison; maximum fine of $2,500
  • Fourth-degree felony: Six to 18 months in prison; maximum fine of $5,000
  • Third-degree felony: Nine months to three years in prison; maximum fine of $10,000

Q: What are the penalties for misdemeanor domestic violence in Ohio?

A: Misdemeanor domestic violence charges in Ohio can result in the following penalties:

  • Third-degree misdemeanor: Maximum fine of $500; up to 60 days in jail
  • Second-degree misdemeanor: Maximum fine of $750; up to 90 days in jail
  • First-degree misdemeanor: Maximum fine of $1,000; up to six months in jail

Q: How long can a person be sent to jail or prison if they’re convicted of domestic violence?

A: If you are convicted of domestic violence, your punishment can include a jail sentence of anywhere between six months to three years. The level of your charge (misdemeanor or felony) will dictate the potential range of your incarceration or imprisonment punishment. Your charge depends on several factors, including whether you are charged as a first-time offender and the extent to which you injured the victim, if at all. If you are convicted of domestic assault against a pregnant woman, you will automatically face a six-month sentence, minimum, with the duration increasing from there, depending on whether the unborn child suffered harm, as well as the general severity of the offense.

Q: Are there different kinds of probation for domestic violence?

A: Ohio judges can impose two different types of probation penalties if you are convicted of domestic violence. With a reporting probation, the court assigns you a probation officer with whom you must maintain contact for the duration of your probation sentence. This probation can include drug testing or that you attend a treatment program, for which you will be required to show proof of attendance. With a non-reporting probation, you will show up to the probation office to pay some fees and complete some forms. After that, the court only requires that you comply with the judge’s orders. The greatest consequence of such a probation penalty is that a violation of the judge’s order will impact the sentencing for any future convictions.

Q: Where can I learn more about domestic violence punishments in Cincinnati?

A: You can learn more about domestic violence punishments in Cincinnati by reviewing the Ohio Revised Code § 2919.25 regarding Domestic Violence. You can find more information about domestic violence punishments in Ohio on the Ohio Attorney General’s website. They have statistical information regarding domestic violence offenders and victims by county, ethnicity, age, and gender.

You can also learn about victims’ rights on this website. If you want to learn about House Bill 29, a bill requiring judges to follow guidelines on setting bail, you can read The Ledger Independent’s coverage of the passing of this bill. Amy’s Law, as it’s called, went into effect in August 2005. Under the law, Ohio courts must consider suspected domestic violence offenders’ mental health and the severity of their alleged abuse when setting bail.

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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 us review your case during a free consultation when you call (513) 399-6289 or submit an online contact form today.

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