Ohio Domestic Violence: Penalties and Defense

Ohio’s State Code allows a person to be convicted of domestic violence if he harms, attempts to harm, or threatens to harm a family member or household member. These broad catagories of victims can include:

• A live-in girlfriend or boyfriend
• Son, daughter, or step-child
• Spouse
• In-laws
• Roommates.

Ohio Domestic Violence Penalties

The penalties resulting from a domestic violence conviction in Ohio will depend upon the circumstances of the case. There are several factors that the law requires to be considered when penalties are imposed. Although it would be lengthy and timely to describe all of these, a number of situations are addressed below.

If a person is convicted of domestic violence because he made threats that led another individual to believe that she was going to be hurt, the result is a fourth degree misdemeanor. A judge may impose a sentence of up to 30 days in jail and a fine up to $250.

If a person is convicted of domestic violence because he intentionally hurt or attempted to hurt someone or if someone was hurt due to his recklessness, the result is first degree misdemeanor. In this case, the individual may be given a sentence of up to 6 months incarceration and a $1,000 fine.

Aggravating Circumstances and Penalties

When a person who is convicted of domestic violence in Ohio has previous convictions for this charge or charges similar to it, whether in Ohio or another state, the result is a fourth degree felony. This can require a mandatory sentence of six months incarceration.

If the individual’s domestic violence conviction qualifies as a felony, he knew the victim was pregnant, and the unborn child is physically harmed or the pregnancy is terminated, he may sentenced to a year of incarceration.

It is also possible for judges to order counseling or other types of treatment programs for those convicted on domestic violence charges.

Defenses

Just because a person is charged with domestic violence does not mean that he is guilty. Even if harm was caused to another individual, it may have been warranted. For example, the accused may have hurt the accuser in an act of self-defense or to protect a third party from the accuser. Domestic violence charges can also be countered by showing that the harmful acts were unintentional or that they never happened.

Although a person accused of domestic violence can be effectively defended, this is usually only possible with professional legal representation. If you or someone that you know faces these charges it is best to consult with an experienced criminal defense attorney immediately.