In every domestic violence case, the people, the circumstances, and the concerns are different. Many individuals accused of having committed an act of domestic violence have never been involved in the criminal justice system before.
Determining the best legal strategy to defend against a domestic violence charge is not easy. There are so many considerations impacting a single case that having a plan is essential. An experienced criminal defense lawyer understands all the competing interests and helps an accused develop a plan geared towards the most important objectives in a domestic violence case.
What Types of Domestic Violence Charges are Available in Ohio?
Understanding the different types of domestic violence charges in Ohio helps an individual better prepare for their case:
- Domestic Violence By Threat: A prosecutor must prove that, by threat of force, an accused knowingly caused a family or household member to believe that the individual would cause imminent physical harm to him or her.
- Domestic Violence By Force: Here, the State must prove that an accused knowingly caused or attempted to cause physical harm to a family or household member, or recklessly caused serious physical harm to a family or household member.
How Severe are Sentences and Penalties for Domestic Violence Charges?
The specific charge a person faces will determine the extent of the prison sentence and other penalties associated with a conviction:
- In a Domestic Violence by Threat case, the potential prison sentence is less significant than in other domestic violence circumstances. For a Fourth Degree Misdemeanor, the penalties associated with a conviction are a jail sentence of up to 30 days and a fine of up to $250. Probation is commonly ordered for up to five years.
- In a Domestic Violence by Force case, a jail sentence may last for up to 180 days. Fines of up to $1,000 and a 5-year probation are also possible for this first-degree misdemeanor.
What is the Impact of Prior Domestic Violence Convictions?
Regarding the above offenses and punishments, the penalties increase if an accused has been previously convicted of domestic violence. Under Ohio law, if the victim was pregnant at the time of the incident, and the accused knew of the pregnancy, then longer jail sentences and higher monetary penalties may result. Finally, depending upon the seriousness of the injuries suffered by the victim, a Felonious Assault charge may result in addition to domestic violence.
How to Defend Yourself Against a Domestic Violence Charge?
Ensuring a legal process that treats accused individuals fairly is a challenge in relation to a domestic violence case. An early review of available evidence is possible upon request to the prosecutor’s office. Securing legal counsel allows a person facing domestic violence charges to have their own investigation completed – possibly resulting in additional evidence being located.
Knowing as much as possible about the State’s evidence and conducting a thorough investigation into the circumstances of the case allows an accused individual to make well-informed decisions while maintaining their freedom.
Contact an Experienced Ohio Domestic Violence Defense Lawyer
Your future and your rights are at stake when you’ve been accused of domestic violence. Protect your rights and secure your freedom by contacting The Robert Jones Defense Firm today. Our consultations focus on the most crucial elements of a potential client’s case.