Skilled Criminal Defense Attorneys for Domestic Violence Charges in Dayton, OH
Domestic violence charges carry serious penalties, stigma, and collateral damage. Gounaris Abboud works diligently to protect its clients from these outcomes and restore their lives. If you have been charged with domestic violence in Dayton or anywhere else throughout Montgomery County, give our team a call to get started on your defense. Remember, a charge is not the end of the story but only the beginning.
From the moment you contact our team, we get to work immediately to preserve your freedom and liberties. With a domestic violence charge, you face not only prison and fines but also damaging collateral consequences, such as loss of child custody, sex offender designation, and employment problems. Call Gounaris Abboud to protect your future!
Understanding Domestic Violence Charges in Ohio
Section 2919.25 of the Ohio Revised Code defines domestic violence as knowingly or recklessly causing harm to a family or household member. It also goes about defining domestic violence as the threat of force used against a family or household member that causes them to reasonably be in fear of an imminent attack.
For domestic violence purposes, a family member or household member is defined as a person who has lived or currently lives with a person suspected of domestic violence.
They are either:
- A spouse or former spouse, including a person living as a spouse.
- A parent, foster parent, or other relative by marriage or blood.
- The parents and children of spouses and former spouses or of persons related by blood or marriage.
Unmarried parents are also considered to be household members or family because they share a child, even if they have never lived with one another.
What Qualifies as Domestic Violence in Ohio?
Domestic disagreements are part and parcel of all marriages. When violence occurs, the state may step in with criminal charges. But what actions qualify as domestic violence and are arrestable?
The following may be used to form the basis of a domestic violence charge in Ohio:
- Pushing, pulling, and grabbing
- Striking, punching, and kicking
- Throwing objects
- Use of deception to cause harm
- Setting traps
- Hitting with an object
- Threatening violence as a consequence or in general
- Harm to a pregnant woman resulting in fetal harm
The state may also technically bring charges for domestic violence in cases involving corporal punishment, such as spanking. Although this is controversial, the law is clear on this matter and may conflict with certain established traditions and cultures of families in Ohio. A domestic violence case may be opened and lead to criminal charges. When this occurs, it is crucial to contact a defense lawyer to mount a strong defense to protect your freedom.
Penalties for Domestic Violence in Ohio
The severity of Ohio domestic violence penalties depends on the facts of each case and whether you’re a first-time or repeat offender.
A Dayton, OH criminal defense attorney can help you determine what penalties might apply to your case.
First-Time vs. Repeat Offenders
The penalty for a first-time charge of misdemeanor domestic violence is a $1,000 fine and six months in jail.
Ohio also has enhanced penalties for a second offense, even if it comes years later, meaning that a second domestic violence charge is a felony punishable by 18 months in prison and a $5,000 fine.
Factors that Affect the Severity of the Charge
Factors that the State of Ohio takes into consideration when determining whether to charge a person with a misdemeanor or felony domestic violence include:
- Whether the alleged offender has prior domestic violence offenses
- The nature of the crime
- The severity of the victim’s injuries
- Whether the alleged offender knew the victim was a pregnant woman
- If the victim was pregnant, whether the unborn was harmed
- A domestic violence lawyer can help defend against either a misdemeanor or a felony domestic violence charge.
Domestic Violence Penalties Overview
| Type of Offense | Description | Penalty |
| Fourth-Degree Misdemeanor | Knowingly makes a family or household member fear immediate physical harm. | Up to 30 days in jail and/or Up to $250 in fines. |
| Third-Degree Misdemeanor | Knowingly places a pregnant family or household member in fear of immediate physical harm. | Up to 60 days in jail and/or Up to $500 in fines. |
| Second-Degree Misdemeanor | Has 1 prior domestic violence conviction and knowingly threatens immediate physical harm against a family or household member. | Up to 90 days in jail and/or Up to $750 in fines. |
| First-Degree Misdemeanor | – Knowingly causes or tries to cause harm to a family or household member.
– Recklessly causes serious physical harm to a family or household member. – Has 2 prior domestic violence convictions and knowingly makes a family or household member fear immediate harm. |
Up to 6 months in jail and/or Up to $1,000 in fines. |
| Fifth-Degree Felony | Knew the family or household member was pregnant and either:
– Knowingly caused or threatened to cause physical harm. – Recklessly caused serious physical harm. |
Up to 12 months in prison, with a mandatory minimum of:
– 6 months. – or 12 months if the offender caused serious physical harm to an unborn or termination of pregnancy. – and/or Up to $2,500 in fines. |
| Fourth-Degree Felony | Has 1 prior domestic violence charge and:
– Knowingly caused or attempting to cause physical harm to a household or family member. – Recklessly caused serious physical harm to a household or family member. |
Up to 18 months in prison, with a mandatory minimum of:
– 6 months. Or 12 months if an unborn was seriously physically harmed or a pregnancy was terminated because of the conduct. – and/or Up to $5,000 in fines. |
| Third-Degree Felony | Has 2 prior domestic violence convictions and either:
– Knowingly caused or tried to cause harm to a family or household member. – Recklessly causes serious physical harm to a family or household member. |
Up to 3 years in prison, with a mandatory minimum of:
– 6 months. or 12 months, if serious physical harm was caused to an unborn or a pregnancy, was terminated as a result of the offense. – and/or Up to $10,000 in fines. |
