child endangerment ohio

Any criminal charge involving children will often result in high stress and amplified emotion. A charge of child endangerment is no exception.  Child endangerment is an extremely serious charge in Ohio, and penalties can be severe. Thus, in most cases, it is absolutely necessary to work with an experienced criminal defense attorney who can help defend you against one of the most difficult charges you can face.  If you are facing a child endangerment charge in or near Dayton, OH, consider consulting with an attorney today to discuss your case and determine how best to move forward. Ohio Child Endangerment Laws: An Overview Ohio defines child endangerment in Ohio Revised Code § 2929.22. Under this statute, it is a violation to “create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support.” Additionally, a “child,” for purposes of Ohio child endangerment laws, includes anyone under the age of 18, or a mentally or physically handicapped person who is under the age of 21.  This definition of child endangerment is broad. However, the Ohio Revised Code does provide some additional definition. Specifically, the following will constitute child endangerment in Ohio:  Abuse of the child;  Torture or cruel abuse of the child;  Prolonged corporal punishment or other physical disciplinary measures that are “excessive under the circumstances”; Repeated disciplinary measures that, if continued, would seriously impair the child’s mental health or development; and Enticing, coercing, or permitting a child to participate in any act that is obscene or sexual in nature.  While this list is not exclusive, it is important to understand the types of activities that may constitute child endangerment in Ohio.  It is also important to note that under this section, parents are not the only parties that can be found guilty of child endangerment. Under Ohio law, any of the following can be charged with child endangerment:  Parents,  Guardians,  Custodians,  Persons having custody or control of a child, or  Persons in loco parentis of a child.  For clarity, “in loco parentis” means any adult who is the caretaker of a child. This includes relatives, foster parents, or stepparents who have the rights, duties, and responsibilities of a parent.  Penalties for Child Endangerment in Ohio Placing a child’s life at risk is a serious offense. Thus, the penalties for child endangerment charges in Ohio are severe.  A first offense for child endangerment will result in a first-degree misdemeanor. Consequences for such a conviction include up to 6 months in jail and a fine of up to $1,000. However, if this is not your first conviction, the penalties can be even more severe. Depending on whether you have prior offenses and whether the child sustained severe injuries, a conviction for child endangerment can be elevated as high as a second-degree felony. Under Ohio law, a felony of the second degree can result in up to 8 years in prison and a fine of up to $15,000.  Contact a Criminal Defense Attorney Today A charge for child endangerment has the potential to impact your rights as a caretaker for a child. Additionally, a charge can impact your reputation and lead to harsh criminal penalties. We understand how difficult it can feel to face a charge of child endangerment in Ohio. However, know that you are not alone.  At Gounaris Abboud, LPA, we are prepared to help you through this difficult time and will strive to provide you with the best defense the law can provide. Our team of criminal defense lawyers has over 50 years of collective experience providing high-quality legal counsel to clients in need. Contact us online or by phone at 937-222-1515 for a free consultation to see how we can help you.

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ohio stalking laws

Menacing by stalking in Ohio can be a serious charge that can change your life. If the State charges you under Ohio stalking laws, you may not know what to do.  However, know that there are ways to defend yourself against such a charge. Contact an experienced Ohio criminal defense attorney today to discuss your case and see what steps you can take.  Overview of Ohio Stalking Laws Under Ohio Revised Code § 2903.211, no person may knowingly take any action that would cause another person to believe that the offender will cause physical harm or emotional distress to that person or a member of their family. This will constitute “menacing by stalking” under Ohio law.  Take note, however, that the act of menacing by stalking extends beyond physical action or in-person communications. In fact, written and electronic communications used to cause another person to believe they are in danger of physical harm or emotional distress may also constitute stalking.  Penalties for Menacing by Stalking in Ohio In general, a violation of Ohio menacing by stalking law will result in a first-degree misdemeanor. This can result in jail time of up to 180 days and a fine of up to $1,000. However, this penalty can be increased in certain situations.  For example, penalties will be enhanced if any of the following applies:  The accused has a prior conviction for menacing by stalking; The accused made a threat of physical harm to or against the victim; In committing the act of menacing by stalking, the accused trespassed on property where the victim lives, works, or attends school;  The victim is a minor; or The accused has a history of violence toward the victim.  In any of these situations, a violation will result in a fourth-degree felony charge. Further, a felony in the fourth degree in Ohio is punishable by up to 18 months in prison and up to $5,000 in fines.  A felony can be damaging to your rights and reputation moving forward. In fact, a felony conviction can impact your credit or result in loss of the right to vote or hold office. A felony conviction can even result in the revocation of certain professional licenses. Thus, it is imperative that you contact an attorney who can advocate and fight on your behalf. An experienced attorney can work with you to reduce and defend against your charges or have them expunged.  Contact Our Team Today If you are facing a criminal charge in or near Dayton, Ohio, for menacing by stalking, act now. Contact our team today to discuss your rights and defenses under the law.  The criminal defense attorneys at Gounaris Abboud, LPA, have over 50 years of collective experience providing high-quality legal counsel to our clients. We are ready and willing to take on even the most challenging legal cases in Dayton and throughout Ohio. Contact us online or by phone at 937-222-1515 for a consultation and see what we can do for you.

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ohio gun laws for felons

The Second Amendment to the United States Constitution grants people the right to bear arms. However, this right is not absolute.  The State of Ohio reduces this Second Amendment right for convicted felons. If you are a convicted felon, it is imperative to know how Ohio gun laws for felons might impact you. Failure to strictly follow Ohio felon gun laws can lead to severe penalties. Thus, it is crucial that you reach out to an experienced criminal law attorney to discuss your rights under the law.  Understanding Ohio Gun Laws for Felons A convicted felon in Ohio who is caught with a gun can face potential fines and even jail time. Further, this can be the case even if the gun is not necessarily working or on your body. Accordingly, it is extremely important to understand the law in this area. Failure to understand the law can lead to additional charges, making matters worse.  Ohio Felon Gun Laws: An Overview Under Ohio Revised Code § 2923.13, a person may not “knowingly acquire, have, carry, or use any firearm or dangerous ordnance,” if the person is:  A fugitive; Under indictment or convicted of any felony of violence; Under indictment or convicted of illegal possession, use, or sale of drugs;  Drug dependent, in danger of drug dependence, or a chronic alcoholic; or Deemed mentally incompetent.  Thus, even if you are not a convicted felon, these laws may still apply to you.  For the purposes of this section, Ohio law defines a “firearm” as “any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.” Notably, a firearm will also include an unloaded firearm or one that is inoperable but that can “readily be rendered operable.”  Additionally, a “dangerous ordnance” includes:  Automatic or sawed-off firearms, Zip-guns, Ballistic knives,  Any explosive or incendiary devices,  Firearm mufflers or suppressors, and  Any firearm, ammunition, rocket launcher, mortar, artillery piece, or similar weapon designed and manufactured for military purposes.  As you can see, many objects can lead to a violation of Ohio felon gun laws. If you have been charged with possession of a firearm by a convicted felon in Ohio, contact an experienced attorney today to discuss your rights and remedies under the law.  Penalties for Violating Ohio Gun Laws for Felons Violating Ohio Revised Code § 2923.12 will result in a third-degree felony charge. A conviction on such a charge can result in a prison term of up to 36 months. In addition to prison time, a violation of Ohio gun laws for felons can result in fines of up to $10,000.  Convicted felons can face grave consequences if they are charged with possession of a firearm. However, this does not mean that there is nothing you can do. Depending on your situation, you may have valid defenses that can potentially lead to a reduction or dismissal of your charge.   Contact Our Team Today If you have been convicted of a felony in Ohio and are now being charged with possession of a firearm, we want to help. At Gounaris Abboud, LPA, we have extensive experience providing high-quality legal counsel to clients in need.  With more than 50 collective years in practice, we know what it takes to successfully defend criminal defendants in the most difficult times of their lives. Contact us today online or by phone at 937-222-1515 to see how we can help you. 

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ohio trespass law

Criminal trespass in Ohio can be a serious charge. If you are dealing with a criminal trespass violation in Ohio, you may not know what to do next.  Ohio trespass law imposes severe penalties for trespass convictions. Thus, it is crucial to have an experienced Ohio criminal defense attorney to help you with your case.  Overview of Ohio Trespass Law Before discussing penalties, it is important to have a basic understanding of what constitutes criminal trespass in Ohio. Under Ohio law, a person will be guilty of criminal trespass if he or she does any of the following: Knowingly enters or remains on the land or premises of another;  Knowingly enters or remains on the land or premises of another that has restrictions on access;  Recklessly enters or remains on the land or premises of another where notice exists that access is unauthorized; or Negligently fails or refuses to leave the premises after the owner of the land provides notice to leave.  “Land or premises” includes any land, building, structure, or place that belongs to someone else. Thus, a trespass can occur in a broad variety of locations. However, it is important to note that it is not a defense to a charge of criminal trespass that the land is owned or controlled by a public agency.  In some situations, a trespass may rise to the level of aggravated trespass. Ohio law defines aggravated trespass as entering or remaining on the land or premises of another with the purpose to commit a misdemeanor while on the premises. For the purposes of this statute, a misdemeanor involves “causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him.” What Are Penalties for Criminal Trespass in Ohio?  A conviction for criminal trespass will also come with penalties. General criminal trespass is a fourth-degree misdemeanor. This can result in up to 30 days in jail and a fine of up to $250. If, however, a criminal trespass occurs while using a snowmobile, off-highway motorcycle, or all-purpose vehicle, the fine will be doubled.  Further, a prior conviction for criminal trespass involving the use of a snowmobile, off-highway motorcycle, or all-purpose vehicle may lead the court to impose additional penalties. In this situation, a court may impound the vehicle’s certificate of registration or license plate for up to 60 days.  Penalties for aggravated trespass can be even more severe. Violation of Ohio aggravated trespass law is a first-degree misdemeanor. Such a violation can result in up to 180 days in jail and a fine of up to $1,000.  Contact an Ohio Trespass Law Attorney Today A criminal trespass charge can impact your life in many ways. However, if you do not understand the law, you may not know how to best handle your charge moving forward. Fortunately, you do not have to go through this on your own. At Gounaris Abboud, LPA, we have more than 50 years of collective experience providing high-quality legal representation to our clients. We are committed to fighting for your rights and giving you the best defense possible. Contact us online or give us a call at 927-222-1515 today to see what we can do to help get you through this difficult time.

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  • March 26, 2020
  • OVI

Your Driving Under Suspension in Ohio Questions Answered In Ohio, OVI means operating a vehicle impaired. It falls under the same umbrella of charges as a DUI (driving under the influence) but applies to both motorized and non-motorized vehicles. In Ohio, you commit driving under OVI suspension when you operate a vehicle with a driver license that was suspended because of an OVI charge. The crime of driving under OVI suspension is generally a first-degree misdemeanor. Its penalties vary depending on the number of OVI suspension offenses you’ve had. If you have been arrested for driving under OVI suspension in Ohio, you should contact an OVI defense attorney today. What Is the Penalty for Driving with a Suspended License in Ohio? In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also: Impound your license plates, Immobilize your vehicle, or Order you to perform community service. If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle. Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Happens After Each Offense? The penalties for driving under OVI suspension become more severe with the more offenses you have. DRIVING UNDER OVI SUSPENSION OHIO FAQ First Offense Your first arrest for driving under OVI suspension is a first-degree misdemeanor. It carries a mandatory jail term of three consecutive days or 30 consecutive days of house arrest. It also carries a $250 to $1,000 fine and up to a one-year suspension of your license. Furthermore, if the vehicle you were operating is registered in your name, the State will impound both the vehicle and your license plates for up to 30 days. DRIVING UNDER OVI SUSPENSION OHIO FAQ Second Offense Your second arrest for driving under OVI suspension within six years of your first offense is still a first-degree misdemeanor. It carries a jail term of at least 10 consecutive days to one year or house monitoring of at least 90 days to one year. It also carries a $500 to $2,500 fine and up to a one-year suspension of your license. Additionally, the State will impound both the vehicle and your license plates for up to 60 days if the vehicle is registered in your name. DRIVING UNDER OVI SUSPENSION OHIO FAQ Third Offense Your third offense of driving under OVI suspension within six years of your first offense is an unclassified misdemeanor. It carries a jail term of at least 30 consecutive days to one year. It also carries a $500 to $2,500 fine and a license suspension of up to one year. Unlike your first or second offense, you lose the vehicle you were operating to the State if it is registered in your name. An Ohio OVI attorney can help you understand how these penalties might apply to your case. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Are the Possible Reasons for Driver License Suspension in Ohio? You can lose your driver license in Ohio for reasons that include: OVI/DUI conviction, Reckless operation of a vehicle, Lack of registration or insurance, Default on your child support, and Excessive traffic violations. If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license. One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended. You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal. Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer. DRIVING UNDER OVI SUSPENSION OHIO FAQ How Can an OVI Defense Lawyer Help You? Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical. Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success. A lawyer can help you defend against a charge of driving under OVI suspension. Common defenses a lawyer can raise arise from your rights under the United States Constitution. DRIVING UNDER OVI SUSPENSION OHIO FAQ Possible Defenses to Your Arrest After Driving Under Suspension in Ohio Constitutionality of the Traffic Stop A lawyer can challenge the constitutionality of your traffic stop when defending against your OVI suspension charge. Under the Fourth Amendment, police need reasonable suspicion to pull you over. Reasonable suspicion means that specific articulable facts support an inference that you committed a crime. Most of the time, an officer observing any traffic infraction supports reasonable suspicion. Sometimes, facts surrounding the stop may not support a finding of reasonable suspicion. Talk to an OVI defense lawyer today to find out if you can challenge evidence supporting your charge under the Fourth Amendment. Coerced Statements You have the right not to make self-incriminating statements under the Fifth Amendment. Sometimes, after an arrest, a police officer may coerce you into making statements before advising you of your constitutional right to remain silent. If a police officer manipulated you into making incriminating statements, an OVI defense lawyer...

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  • March 17, 2020
  • OVI

Have you ever had a drink and felt that it affected you more than usual? Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, this is known as operating a vehicle under the influence, or OVI. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. Is it Possible to Beat My OVI Charge? Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Whether you can achieve a dismissal of your charge depends on the specifics of your case. Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ How to Beat an OVI Charge A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. Here are some legal defenses that may apply to your case. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Search or Seizure If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Questioning If the officer inappropriately questioned you, your answers to the officer’s questions may be excluded. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Field Sobriety Test Results Law enforcement officers will conduct roadside field sobriety tests (FST’s) where your alertness, dexterity and responsiveness will be tested.  These results will be used against you in court to try to prove your level of impairment has been impacted. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights.  The law firm of Gounaris Abboud will request the court issue an order preserving all video evidence in order to help you defeat an OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Test Results The breathalyzer test and blood alcohol tests that police administer may be inaccurate. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. Blood tests also must be conducted appropriately to provide admissible evidence. HOW TO GET OUT OF AN OVI IN OHIO FAQ Plea Bargain an OVI Charge If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. A plea bargain can reduce your charge or reduce your penalties. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Your attorney will attempt to reduce your penalties as much as possible under the law. To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI. HOW TO GET OUT OF AN OVI IN OHIO FAQ How an OVI Attorney Can Help When you face an OVI, you may not know what to do. You must seek legal advice because an OVI conviction has consequences. Not only does it carry potential jail time and fines, but the charge goes on your criminal record. This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense. Your attorney will attempt to get your charges dismissed. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. An OVI charge is not something you want to handle on your own. Your freedom and future are on the line, so you need an experienced OVI defense attorney. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. We have helped hundreds of clients get their OVI charges reduced or dismissed. When we meet for a free consultation, we can advise you of your best legal strategy. Give us a call today to start your OVI defense.

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If you’ve experienced the death of someone you love due to another person’s intentional actions or negligence, you may feel emotions of grief, anxiety, and anger.  Taking legal action can’t replace your loved one, and it can’t ease your loss. However, seeking justice for a wrongful death in Ohio can make the person responsible for this tragedy pay. A wrongful death lawsuit can provide for you and your family while preventing the same tragic action from impacting anyone else. If you’re considering a wrongful death lawsuit, you need to understand Ohio law. To learn more about the Ohio wrongful death statute, keep reading. Who Can File a Wrongful Death Lawsuit in Ohio? The Ohio wrongful death statute defines a wrongful death as one that is caused by a “wrongful act, neglect, or default” that would have been eligible for a personal injury lawsuit had the person not died. In other words, if you can sue for a personal injury caused by an action, your representatives can sue for a death caused by the same action. The personal representative (executor of the estate) of the decedent (person who died) can bring a wrongful death lawsuit in Ohio. The personal representative brings the wrongful death action on behalf of these people: The surviving spouse,  The decedent’s children,  The parents of the decedent, and Other next of kin. The family members of the decedent must have suffered harm from the wrongful death to recover compensation.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Time Limits on a Wrongful Death Lawsuit? The wrongful death statute of limitations in Ohio limits the time you have to file a wrongful death lawsuit. The personal representative has two years from the date of the wrongful death to file a lawsuit. If you file a wrongful death lawsuit after the Ohio wrongful death statute of limitations runs out, the court will likely dismiss your case.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Damages in a Wrongful Death Case? Wrongful death damages are the compensation available to survivors for the loss of their loved one. These damages reflect the harm that family members have suffered as a result of the wrongful death. Different types of damages may be compensated, including: Loss of support, meaning the loss of financial income the decedent would have provided; Loss of services, such as childcare, housework, or car repairs provided by the decedent; Loss of companionship, care, and affection of the decedent; Loss of inheritance the family members might have received were it not for the decedent’s untimely death; and Mental anguish suffered by family members. The surviving spouse, children, and parents are rebuttably presumed to have suffered damages from the wrongful death. The rebuttable caveat means that these family members will be entitled to damages unless a defendant can prove the wrongful death did not impact family members. Next of kin, other than a surviving spouse, parents, and children, must prove the damages they suffered from the wrongful death. OHIO WRONGFUL DEATH STATUTE FAQ Is Compensation Possible in a Wrongful Death Case? Compensation is possible if someone’s death was caused by another person’s negligence or intentional act. Examples of actions causing a wrongful death might include: Shooting someone, Stabbing someone, Driving drunk, Leaving the scene of an accident without calling for help, Failing to keep manufacturing machinery maintained, and Knowingly exposing a worker to asbestos. Intentionally causing someone’s death may seem rather obvious, but negligence can be more difficult to understand. To determine if a person’s negligence caused a death, you must prove three elements: The person had a duty of care, such as a duty to properly maintain equipment; The person breached that duty, such as by not maintaining the equipment; and The person’s breach of duty caused the wrongful death, such as faulty equipment fatally injuring the decedent. Even if the person responsible faces criminal homicide charges, you can still bring a civil wrongful death claim. In fact, it is often easier to prevail on a wrongful death claim because civil proceedings require a lower burden of proof. Criminal charges require proof beyond a reasonable doubt, while civil cases require a “preponderance of the evidence” (more likely than not) standard. OHIO WRONGFUL DEATH STATUTE FAQ How Can a Wrongful Death Attorney Help? A wrongful death attorney will listen to your case, explain the law to you, and advise you of your best legal options. Then the attorney will investigate to find more evidence, interview witnesses, and pursue a wrongful death claim. Your attorney may be able to negotiate a settlement so that you do not have to endure an emotionally challenging trial. However, if your attorney thinks a jury would return a higher award, you may choose to proceed to trial. If you think you may have a wrongful death case, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. With nearly five decades of collective experience, our attorneys have the legal skill and compassion to help you in this difficult time. 

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When you experience an auto accident, it brings your routine to a halt. Instead of making your way to work or school, you may need to seek medical attention and figure out alternative transportation. Then come the bills. Hospital costs and auto repairs add up to alarming dollar amounts. When the bills start piling up, you may decide to take a serious look at your auto insurance. What will it pay? What should it pay? One question you may ask when trying to evaluate your auto insurance involves a concept known as fault. Is Ohio a no-fault state for auto insurance? If so, how does this affect your claim? Keep reading for more information on Ohio auto insurance laws. IS OHIO A NO FAULT STATE FAQ What Does No-Fault Mean? A no-fault state requires your auto insurance to pay your medical expenses from an accident, even if the accident was not your fault. No-fault auto insurance usually pays medical bills up to a certain policy limit. If medical expenses exceed that limit, the policyholder may sue the driver who caused the accident.  So is Ohio a no-fault state for auto insurance? No, Ohio rejects this standard of compensation. So if you live in Ohio, no-fault state auto insurance rules do not apply. Ohio requires fault-based auto insurance claims. This means that you recover medical expenses and car repairs from the person who caused the accident.  IS OHIO A NO FAULT STATE FAQ How Does This Rule Affect Me?  Instead of filing a claim with your auto insurance, you file a claim with the at-fault party’s auto insurance. If the person who caused the accident is uninsured, then it’s up to you to pay your own accident expenses. Some drivers purchase an additional policy to cover accidents caused by an uninsured or underinsured driver.  The at-fault party’s insurance company may try to avoid paying for all your expenses from the accident. After all, the insurance company is trying to maximize its profits, and it doesn’t help them to pay large claims. If you feel intimidated trying to negotiate with the at-fault driver’s insurance company, an experienced car accident attorney can help. Insurance companies can intimidate injured claimants, but an experienced car accident attorney knows how to negotiate with an insurance company for a maximum settlement.  IS OHIO A NO FAULT STATE FAQ What Is Comparative Negligence?  When more than one person is at fault for an accident, each individual’s responsibility to pay is based on the principle of comparative negligence. Comparative negligence allows you to recover damages from another driver based on their percentage of fault. For instance, imagine that you sustained $100,000 worth of damages (such as medical bills and auto repairs) in an accident. If the other driver was 60% responsible for the accident and you were 40% responsible, you would be able to recover $60,000 from that driver.  In Ohio, you cannot recover anything from the other driver if you are more than 50% responsible for the accident.  IS OHIO A NO FAULT STATE FAQ How Can an Accident Attorney Help?  If you’ve experienced an accident due to someone else’s negligence, you need skilled legal representation to get the money you’re owed. An experienced car accident attorney can evaluate your case and advise you of your best legal options. The attorney will also investigate the details of the car accident, interview witnesses, and request compensation from the at-fault party’s insurance.  Most insurance companies want to settle, so a car accident attorney will press for the maximum settlement amount. However, if an insurance company refuses to cooperate with settlement negotiations, your attorney should be prepared to proceed to a jury trial. If you have been injured in an Ohio car accident, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. We have nearly five decades of combined legal experience, and we know how to negotiate with insurance companies to get the full settlement you deserve.

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In Ohio, felony sentencing terms vary significantly based on the nature and severity of the crime. Your past criminal history also influences the penalties you face, along with any aggravating factors associated with the alleged crime. This Ohio felony sentencing guideline provides insight into the range of penalties you might face upon conviction. However, because these are basic penalties that you could face, you can’t use this information to accurately determine what your sentence might be. The best way to determine how the Ohio sentencing guidelines could affect your future is to discuss your case in detail with an experienced criminal defense attorney. Overview of Ohio Criminal Felony Classifications Ohio classifies felonies as follows, from least to most severe. Fifth-Degree Felony Examples of crimes that typically fall into this category include: Credit card and check fraud, Breaking and entering, Theft over $1,000, License plate theft, Motor vehicle title fraud, and High-level drug crimes. Fourth-Degree Felony Crimes that may fall into this category include: Elder abuse or neglect, Motor vehicle theft, Felony DUI/OVI, and Aggravated assault. Third-Degree Felony Crimes that fall into the third-degree felony category include: Firearm theft, Perjury, Robbery, Bribery, Involuntary manslaughter, and Reckless manslaughter. Second-Degree Felony Some of the most common offenses categorized as second-degree felonies include: Aggravated arson, Felony assault, and Abduction. First-Degree Felony In Ohio, you will face first-degree felony charges for crimes that include: Aggravated robbery, Kidnapping, Sexual conduct through force (rape), Voluntary manslaughter, and Murder. Unclassified Felony This category is relatively new and the sentencing guidelines can be confusing. Offenses that may fall under this classification include multiple murders and aggravated murder. However, the court can impose this charge for other offenses when aggravating circumstances are involved that make an offense particularly heinous. OHIO FELONY SENTENCING FAQ Ohio Sentencing Chart for Felony Convictions Felony Level Categories for Felony Conviction Include Prison Terms Maximum Fines* Probation Is Post Release Control (PRC) Required? Additional Prison Time F-1 Aggravated robbery,Kidnapping,Sexual conduct through force (rape),Voluntary manslaughter and,Murder Three to 11 years in prison* Up to $20,000 monetary fine No Up to five years post release control (PRC, ie. parole) *Some F-1 offenders face 10 additional years in prison F-2 Aggravated arson,Felony assault and,Abduction Two to 8 years in prison* Up to $15,000 monetary fine No Up to five years post release control (PRC, ie. parole) *Some F-2 offenders face 10 additional years in prison F-3 Firearm theft,Perjury,Robbery,Bribery,Involuntary manslaughter and, Reckless manslaughter Nine months to 3 years in prison* Up to $10,000 monetary fine No Up to three years post release control (PRC, ie. parole) *Some F-3 offenses qualify for 1-5 years in prison F-4 Elder abuse or neglect,Motor vehicle theft,Felony DUI/OVI and,Aggravated assault 6 to 18 months in prison (6 mos. minimum) Up to $5,000 monetary fine Up to five years community control (probation) No No F-5 Credit card and check fraud,Breaking and entering,Theft over $1000,License plate theft,Motor vehicle title fraud and, High-level drug crimes Six to 12 months in prison Up to $2,500 monetary fine Up to five years community control (probation) No No At the time of felony sentencing, Ohio courts allow the jury to make sentencing recommendations in some cases. Ultimately, however, the judge has the final decision about sentencing. These are the sentencing guideline ranges for each type of Ohio felony charge: Fifth-Degree Felony Six to 12 months in prison Up to $2,500 monetary fine Up to five years community control (probation) Fourth-Degree Felony Six to 18 months in prison (6 mos. minimum) Up to $5,000 monetary fine Up to five years community control (probation) Third-Degree Felony Nine months to 3 years in prison* Up to $10,000 monetary fine Up to 3 years post-release control (PRC, i.e., parole) *Some F-3 offenses qualify for 1-5 years in prison Second-Degree Felony Two to 8 years in prison* Up to $15,000 monetary fine Up to 5 years post-release control (PRC, i.e., parole) *Some F-2 offenders face 10 additional years in prison First-Degree Felony Three to 11 years in prison* Up to $20,000 monetary fine Up to five years post-release control (PRC, i.e., parole) *Some F-1 offenders face 10 additional years in prison In addition to the guidelines listed here, you could face a variety of other penalties based on the nature and circumstances of your charges. A felony conviction can cost you your right to vote and your right to own or carry a firearm. You will be left with a permanent criminal record as well, preventing you from getting a good job, renting an apartment, or holding a professional license. OHIO FELONY SENTENCING FAQ Potential Ohio Criminal Defense Strategies Experienced attorneys have many potential defense strategies available for use. The appropriate legal defense in your case will depend on your specific circumstances and your criminal history. Before you agree to accept a plea bargain or provide a statement to police or prosecutors, talk to a lawyer to explore your options. This allows you to make an informed decision about your future. OHIO FELONY SENTENCING FAQ How a Criminal Defense Attorney Can Help You A criminal defense lawyer will help protect your legal rights and fight for your future and your freedom. Your lawyer will evaluate your case, ensure you understand what you’re up against, and help you explore your options. Don’t risk your future by trying to fight this battle on your own. With more than a half-century of combined experience, the attorneys of Gounaris Abboud, LPA, understand the importance of fighting for your future. If you face felony charges, contact us today. We are one of the only Ohio criminal defense law firms to offer a free consultation for anyone facing felony charges. If you have questions about this Ohio felony sentencing chart, or if you would like to discuss your case with one of our Ohio criminal defense attorneys, you can reach us by phone at 937-222-1515 or use our convenient and secure web form to contact us at any time.

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  • February 24, 2020
  • OVI

The penalties for OVI (operating a vehicle under the influence), as defined in the Ohio Revised Code, are a common source of confusion.  An Ohio OVI penalties chart (like the one below) makes it easier to determine what you may face upon conviction for OVI. Ohio takes drinking and driving very seriously, as reflected in the harsh penalties that accompany OVI charges. To further complicate this issue, you face both criminal charges and driver license suspension. The best way to understand what the different OVI penalties are and how they could affect you is to talk to a knowledgeable Ohio OVI/DUI defense lawyer. Understanding the Basis of the Ohio OVI Penalties Chart The state sentencing guidelines base the severity of OVI penalties on your OVI-related criminal history. Potential criminal penalties also increase if: You refused a blood alcohol concentration (BAC) test, or Your BAC level tested at 0.17 or above (known as a high-tier offense). Other factors can affect the severity of your penalties, and in many cases, the court has discretion as to how to impose penalties on a case-by-case basis. OHIO OVI PENALTIES CHART FAQ What Are the Specific Penalties for Each OVI Offense? Ohio OVI Penalties Chart (Arrested w/ No BAC Testing) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 3 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 10 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 30 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 60 days to 36 months in jail or prison Monetary fine of $1,350 to $10,500 3 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture Ohio OVI Penalties Chart (Failed BAC Testing 0.08 to 0.169) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 3 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 10 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 30 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 60 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 3 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture Ohio OVI Penalties Chart (Failed BAC Testing 0.17 and Up) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 6 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (mandatory) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 20 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 60 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 120 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 2 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture Ohio OVI Penalties Chart (With Prior Refusal Within 20 Years) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 6 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 20 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 60 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 120 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 2 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd degree felony, depending on the circumstances of your arrest and...

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