Potential Penalties for a Domestic Violence Arrest in Ohio

 Posted on January 18,2024 in Criminal Defense

Domestic violence is a serious offense that can have long-lasting physical, emotional, and legal consequences. In the state of Ohio, domestic violence laws aim to protect people from abusive acts committed by family members or people who live in their households. However, there are some situations where people may be falsely accused of domestic violence, and they may face criminal charges based on a misunderstanding or claims made against them following a family dispute. If you are arrested and charged with domestic violence in Ohio, it is crucial to understand the potential penalties you may face. By working with an experienced attorney, you can determine your best options for defending against a conviction and minimizing the penalties to your life, your family, your reputation, and your career.

Misdemeanor vs. Felony Domestic Violence Charges

In Ohio, domestic violence charges can either be classified as misdemeanors or felonies depending on various factors such as the severity of the offense and a person’s prior criminal history. In general, a person may be charged with domestic violence if they purposely or recklessly cause a family member to suffer physical harm or if they threaten to harm a family member. A person may also face criminal charges if they are accused of using threats or force to cause a member of their family or household to believe that they will suffer physical harm.

Misdemeanor Domestic Violence Charges

• Fourth-degree misdemeanor: The use of threats or force may result in the lowest level of misdemeanor charges, and a person who is convicted may be sentenced to up to 30 days in jail.

• Third-degree misdemeanor: A person who used threats or force against a family member who they knew was pregnant at the time of the offense may face more serious misdemeanor charges, and they could be sentenced to up to 60 days in jail.

• Second-degree misdemeanor: A person who is accused of using threats or force against a family member after a previous conviction for domestic violence or another similar offense may face misdemeanor charges that could result in a jail sentence of up to 90 days.

• First-degree misdemeanor: Inflicting or attempting to inflict harm on a family member may result in the most serious level of misdemeanor, which carries a potential jail sentence of up to 180 days. First-degree misdemeanor charges may also apply if a person with two previous domestic violence convictions is accused of using threats or force against a family member.

Felony Domestic Violence Charges

• Fifth-degree felony: If a person inflicted or attempted to inflict physical harm against a family member who they knew was pregnant, they may face the lowest level of felony charges, and they will face a mandatory prison term of at least six months. If a person caused serious physical harm to an unborn child, or if their actions resulted in the termination of a pregnancy, they will face a mandatory prison sentence of 12 months.

• Fourth-degree felony: A domestic violence offense involving the infliction of physical harm or the attempt to do so will be a more serious felony offense if a person had previously been convicted of domestic violence. The minimum sentence for this offense is six months.

• Third-degree felony: This level of felony may apply for a person who is accused of inflicting or attempting to inflict physical harm on a family member after previously being convicted of domestic violence on two separate occasions. In these cases, a person will face a mandatory prison term of six months. If a person with two previous convictions committed domestic violence against a pregnant family member and caused serious physical harm to the unborn child, they will face a mandatory prison term of one year. Depending on the circumstances of a case, the court may choose to implement a sentence of 9, 12, 18, 24, 30, or 36 for a person convicted of a third-degree felony.

In addition to a prison sentence, a person who is convicted of a domestic violence offense in Ohio may also face probation, mandatory anger management classes or counseling programs, payment restitution covering medical expenses or damaged property, protective orders preventing contact with victims or other family members, loss of firearm rights, and negative consequences during child custody disputes. 

Contact a Medina, OH Domestic Violence Defense Attorney

If you have been arrested for domestic violence in Ohio, it is crucial to secure representation from an experienced attorney who can provide you with a strong defense against criminal charges. By working closely with an attorney, you will have someone who can assess the evidence against you, identify potential weaknesses in the prosecution's case, and ensure that your rights are protected throughout the legal process. At The Law Office of Whitney K.S. Miller, LLC, our Summit County, OH domestic violence lawyer will work diligently to help you defend against a conviction and ensure that you can respond to the accusations against you. Contact us at 330-725-4114 to set up an appointment. We provide free consultations in most cases.