When Is Domestic Violence a Felony in Ohio?

 Posted on February 26, 2025 in Criminal Defense

Domestic violence is usually a misdemeanor criminal offense. It is more serious than an assault against someone you do not have a family or dating relationship with but less serious than a felony. Under some circumstances, however, domestic violence can be charged as a felony in Ohio. Felonies are serious criminal charges that carry more than a year in prison if you are convicted. While many employers and landlords are willing to look past a misdemeanor conviction - and indeed, may not even ask about misdemeanor convictions - not all will accept felons. If you have been charged with any type of domestic violence, you need an experienced Medina, OH criminal defense lawyer. Being convicted of domestic violence can lead to serious legal penalties and can irreparably harm your reputation.

Repeat Domestic Violence Charges

Most people convicted of domestic violence for the first time are ordered to attend a batterer’s intervention program or anger management classes designed to help them avoid re-offending. Those who re-offend even after receiving these rehabilitative interventions normally do not get the same opportunities for leniency.

If you have one or more prior domestic violence convictions, your second and subsequent domestic violence arrest will result in felony charges. This law is designed to target habitual domestic abusers and enable courts to order longer periods of incarceration. After a second or third domestic violence conviction, the court is likely to assume that you are a danger to others and have not learned from your prior convictions.

Domestic Violence Against a Pregnant Victim 

The leading cause of death for pregnant women in the U.S. is homicide, usually committed by a current or former romantic partner. Courts in Ohio and elsewhere take domestic violence committed against a pregnant woman extremely seriously. You can expect to face some of the harshest sentencing the court is allowed to order if you knew that the victim was pregnant at the time of the incident.

When Felonious Assault is Charged Instead 

If the victim suffered serious physical harm, you might be charged with felonious assault rather than misdemeanor domestic violence. The bar for what constitutes serious physical harm is fairly low. Even significant bruising that does not require any medical treatment can be considered serious physical harm. If you are convicted of felonious assault, you will be treated as a violent criminal, and you may face very harsh sentencing.

Contact a Medina County, OH Defense Lawyer

The Law Office of Whitney K.S. Miller, LLC will stand up for your rights when you are facing felony charges for domestic violence. Experienced Medina, OH domestic violence attorney Whitney Miller will provide the best defense possible in your case. Contact us at 330-725-4114 for a complimentary consultation.