statutory rape ohio

Having a Dedicated Ohio Criminal Attorney Can Help You Avoid Prison If You Face Charges of Rape in Ohio Ohio rape charges are severe. A conviction under rape laws in Ohio could leave you languishing in prison for years or even for life. Furthermore, you could face life-long secondary consequences arising from the conviction, such as having a felony conviction and registering as a sex offender. The police and prosecution may bring a charge against you for rape in Ohio based on little evidence. Sometimes all the police need is the word of just one person. You need tough, experienced, and savvy Ohio criminal defense lawyers who have an unrivaled track record of performance. Our rape defense lawyers will help create a defense that is best suited for you.  What Is Rape in Ohio? Rape in Ohio is found in R.C. 2907.02 and it provides that (1) “no person shall engage in sexual conduct with another who is not the spouse of the offender but is living separate and apart from the offender when any of the following apply….” The person impairs the persons judgment by administering a drug or other intoxicant, or by force, the threat of force, or deception, The person is less than 13 years of age (whether the offender knows the age of the person or not), The other person’s ability to resist is substantially impaired because of a mental or physical condition and the offender knows of this impairment. The statute also provides that rape means (2) that a person engages in sexual conduct with another when the offender purposely compels the other by force or threat of force. Penalties for Rape in Ohio The potential punishments for Ohio rape depend on a number of different factors but ALL are considered First Degree Felonies.  Sentences range from: A mandatory 3-11 years if someone is convicted of administering/drug/intoxicant or by force, if the defendant is less than 16 at the time of the offense and did not cause serious physical harm to the victim and the victim was 10 or older; the ability to resist was impaired by a mental or physical condition; A minimum of 5 years up to 11 years if someone is found to have administered a scheduled controlled substance; A mandatory 10 years to Life if the victim was under the age of 13; A mandatory 15 years to Life if the victim was under the age of 10; A mandatory 25 to Life OR Life Without Parole if the victim was under the age of 13 and the offender caused serious physical harm; or of the victim was 13 and the offender used force or a threat of force  Ohio Age of Consent Rape is described above can be boiled down to non-consensual sexual contact between two people. It is often committed by force, threat or fear.  Many people have heard of the term “statutory rape”.  “Statutory Rape” typically means that one of the participants is below the age of consent.  The age of consent in Ohio is 16 years of age.  Individuals age 15 and below do not have the ability to legally consent to sexual activity.  Ohio has other areas of the law to prosecute violations of the Age of Consent that include: Gross Sexual Imposition (may be either a fourth-degree or third-degree penalty), Sexual Battery (third-degree penalty), Sexual Imposition (misdemeanor of the third degree, and Unlawful Sexual Conduct with a Minor (may be a second, third or fourth-degree felony or a misdemeanor of the first degree) Contact Gounaris Abboud Today for a Free Case Evaluation! Our Ohio rape defense lawyers have significant experience defending tough cases. Call us today at 937-222-1515 for a free case evaluation. Let our defense team of former prosecutors and judges fight for justice on your behalf. Our 5-star Avvo rating and Super Lawyer status demonstrates that we put our clients’ needs first. Contact us today.

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criminal mischief ohio

Criminal Mischief Penalties, Defenses, and Why You Need a Lawyer to Fight for You Property damage has been a hot topic in the news recently. Usually, property damage crimes do not make the news. However, we have seen hours of news footage and cellphone video of property destruction connected to political and social demonstrations.  Criminal mischief occurs in various situations that are not politically charged. Police often bring criminal mischief charges along with other charges like domestic assault and battery and resisting arrest. However, criminal mischief in Ohio can also occur in conjunction with computer crimes.  If you face criminal mischief charges in Ohio, you should understand the penalties you face, the possible defenses you might have, and how an Ohio criminal mischief defense lawyer from Gounaris Abboud could help you. Criminal Mischief Ohio Ohio Revised Code 2909.07 (ORC) is the law that establishes criminal mischief as a crime for destroying property. Criminal mischief ORC covers numerous factual scenarios. ORC criminal mischief imposes criminal liability for moving, defacing, damaging, destroying, or tampering with property without legal excuse. The police may charge a person with criminal mischief in Ohio for: Damaging another person’s property; Damaging personal real estate if there is a mortgage on the property; Destroying real estate after receiving notification of foreclosure proceedings; Using a stink bomb, smoke bomb, tear gas, or other substance that causes public alarm or could harm another; Defacing property boundary markers; Destroying safety devices; Setting fire to personal property situated on the owner’s real property; Hacking into another’s computer system or network and altering the computer; or Releasing a virus or other computer program that damages another’s computer system. ORC criminal mischief is a broad law that tries to cover as many circumstances as possible. An Ohio criminal defense attorney will explain what the State has to prove against you beyond a reasonable doubt to convict you of criminal mischief under the ORC. Penalties for Criminal Mischief in Ohio The possible penalties you face for a conviction of criminal mischief vary depending on the underlying facts. Generally, a conviction for ORC criminal mischief is a third-degree misdemeanor. A person convicted of a third-degree misdemeanor could receive a jail sentence of up to 60 days and a fine of no more than $500.  The possible penalties for criminal mischief in Ohio increase if the crime involves significant risk of physical harm or a computer crime. In those circumstances, criminal mischief becomes a first-degree misdemeanor. The maximum penalty in Ohio for a conviction of a first-degree misdemeanor is a six-month jail sentence and a fine of up to $1,000.  Prosecutors could issue felony criminal mischief charges in limited circumstances. Fifth-degree felony charges could be issued for criminal mischief if the acts cause between $1,000 and $10,000 in damage to a computer or any damage to an aircraft or aircraft equipment.  Moreover, police officers could charge criminal mischief in the fourth degree for damage to a computer system causing more than $10,000. Additionally, a person who damages an occupied airplane faces fourth-degree felony charges. Defenses to Criminal Mischief in Ohio A qualified Ohio criminal defense lawyer will analyze your case and discuss your options. Entering a plea bargain to a reduced charge may be a viable option in your case. However, you should be aware that other defenses may apply.  A thorough Ohio criminal defense lawyer will explore defenses such as: Mistaken identity, Lack of criminal intent,  Accident, and Consent.  Other defenses may apply if the police violated your constitutional rights. An experienced Ohio attorney who has handled criminal mischief defenses understands best how to protect your rights. Don’t Let Criminal Mischief in Ohio Ruin Your Future At Gounaris Abboud, we believe in providing our clients with an aggressive defense to minimize the impact criminal charges have on their lives. Call us today at 937-222-1515 to discuss your criminal mischief charges and how we can help you.

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receiving stolen property ohio

Are you facing a charge of receiving stolen property (Ohio residents may also refer to this as possession of stolen property charge)? If so, you should understand what the charge means, what level of offense it is, what punishments you could face, and what you should do next. You are facing a criminal case. However, Gounaris Abboud, LPA lawyers are ready to defend you and work toward the best possible outcome for you regarding these charges.   Receiving Stolen Property: Ohio Law The first step in addressing issues of receiving stolen property is to understand the law. If the police charged you with receiving stolen property, it means they believed you knew or should have known that property was obtained through the commission of a theft offense and that you: Received,  Retained, or  Disposed of the property.  The Theft and Fraud sections of our State laws fully address stolen property ORC (Ohio Revised Code) violations. A veteran defense attorney can apply the facts of your situation to the law and determine whether you might face charges and if so how to best defend you.   Is Receiving Stolen Property a Felony or Misdemeanor? The short answer to this question is that the charge can be either a felony or a misdemeanor. Specifically, the receiving stolen property ORC section states that it is a misdemeanor of the first degree. However, it is a felony if, for instance, the property involved is: One thousand dollars or more in value, A motor vehicle, A dangerous drug,  A firearm or dangerous ordnance, A credit card, A specific type of printed check or another negotiable instrument, or A motor vehicle identification license plate. Above are just some of the circumstances that can lead to a felony. The law is broad and takes seriously acts involving, in Ohio, receiving stolen property. Law enforcement may raise charges to a very consequential third-degree felony. Is Receiving Stolen Property a Felony If You Didn’t Know the Items Were Stolen?  You can’t be guilty of receiving stolen property if you didn’t know it was stolen. However, your actions may result in a finding of guilt if you should have known the items were stolen. Additionally, the court can find you guilty even if no one stole the items but someone explicitly represented to you that the things were, in fact, stolen.  As you can see, there are several complexities to receiving stolen property. Ohio has multiple possible charges and circumstances to consider.  For a First Ohio Receiving Stolen Property Charge, Do I Need a Lawyer? For any receiving stolen property charges, you need a lawyer. The lawyers may be able to use the fact that it is your first offense to advocate dismissal or reduction of charges. But the reality is that you may be facing serious charges that carry the potential of time behind bars. Don’t underestimate the severity of your charges.  On the other hand, facing a criminal charge can lead to feelings of despair. Don’t let that happen to you either. An attorney will discuss with you the circumstances surrounding your charges and present the best defense options. Whether it is your first charge, or you have prior charges of similar or different offenses, you need legal representation. Gounaris Abboud, LPA: Approaching Your Legal Troubles with Confidence The attorneys at Gounaris Abboud, LPA understand our criminal justice system inside and out. These experienced defense attorneys offer a free no-obligation case analysis to discuss the basics of your situation. Clients describe our firm as trustworthy, honest, and supportive. Contact Gounaris Abboud, LPA, by calling 937-222-1515. You can also reach us online 24/7. With over 50 years of collective experience, we are the attorneys you need.

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ohio extradition laws

By their very nature, extradition cases involve multiple law enforcement agencies, court hearings, and defendants whom the law views as fugitives of justice. But extradition is also a legal process in which the defendant has rights, and the State must follow Ohio extradition laws.  What Does Extradition Mean? When one state’s legal system returns a person (aka a fugitive) to the state where they committed a crime, the process is called extradition. Extradition can also apply to an individual who: Escaped from incarceration, Violated probation, or Violated parole. Applicable laws in each state delineate the specifics of their extradition laws.  Does Ohio Extradite?  Yes, the State of Ohio does extradite. The Ohio judicial system refers to extradition as the law of arrest and deliverance of fugitives from justice. The Ohio extradition radius is nationwide. As stated in the statute, the Ohio governor will call for a fugitive to be arrested and delivered to any other state’s appropriate authority. Under What Circumstances Will Ohio Extradite a Person? Here also, the law is broad. Ohio extradition laws support extraditing any person who has fled from justice in another state and is now in Ohio. It clearly states that Ohio will extradite if the other state charged the person with: Treason,  A felony, or Another crime.  Ohio is not a “run for cover” state. Meaning, if someone fleas another state after law enforcement charges them with a crime, Ohio will not help or protect them. Instead, law enforcement in Ohio will work with other state’s authorities to find and return the person to the other state to face charges.  What Are the Defenses to Extradition? You may be innocent of all charges you are facing in another state. Unfortunately that fact does not impact extradition. However, a skilled defense attorney may be able to fight your extradition for one of these reasons: The extradition request documents are not legally correct;  A person accused you of a crime in another state, but the legal system did not charge you with a crime; or The extradition request does not name you. There are legal technicalities and case-specific circumstances that a defense attorney should address before the court can extradite you. Your chance of fighting extradition successfully will be best if you hire highly experienced criminal defense attorneys. Extradition is a specific area of law that not all lawyers can address.  What Should I Do If I Am Facing Extradition? The Extradition Clause of the United States Constitution and the Ohio extradition laws provide for the return of persons charged with a crime in one state who flee to another state. However, you also have every right to hire an attorney to fight extradition, and you should always do so. Even if you want to return to another state to face charges willingly, meet with an attorney before agreeing to the extradition.  Contact Gounaris Abboud, LPA If you seek an experienced attorney in criminal defense, look no further than Gounaris Abboud, LPA. Our lawyers represent clients in Dayton and throughout Ohio. Turn your legal concerns over to us. We will make sure that your rights are protected and fight fiercely for you in all criminal proceedings. You can reach us online or call us at 937-222-1515 for a free case analysis. 

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what is sexual battery in ohio

Our firm handles Ohio sexual battery cases every day. These are cases that can be emotional, complex, and result in significant legal consequences for offenders. If you face sexual battery charges or have concerns about conduct that could lead to charges, you are likely wondering, What is sexual battery in Ohio? Keep reading, as we have the answer to that question and more regarding Ohio sexual battery.  Defining Sexual Battery Our criminal law defines Ohio sexual battery in depth. It provides over 12 circumstances that can lead to a charge of sexual battery. For instance, the law states that sexual battery in Ohio is when a person engages in sexual conduct with another if they knew the other person: Was impaired and unable to consent to the contact; Submitted because they were unaware of what was happening; Was fearful of resisting (for instance, the situation involved threats or force); or Mistakenly identified the offender as their spouse. Those mentioned above are just a few violations in Ohio. Sexual battery also includes circumstances where parents, teachers, law enforcement officers, ministers, or others in a position of authority or trust sexually violate another person. The legal system also finds cases of adults engaging in sexual conduct with a child to be Ohio sexual battery offenses.  Ohio sexual battery is a broad offense, and may include many actions. There is always a precise analysis when considering, What is sexual battery in Ohio? The main issue is whether a person was violated sexually by someone other than their spouse. If the answer is yes, then the charge is significant. The Seriousness of Ohio Sexual Battery Charges If you fear charges, meet with an attorney to address that possibility and prepare accordingly. If law enforcement has charged you, you need help now because it is not a minor crime. It is a felony of the third degree. If the alleged victim is less than thirteen years of age, it is an even more serious felony of the second degree. If convicted, an offender can face a mandatory prison term.  Facing Ohio Sexual Battery Charges? Get a Lawyer From the moment you fear the police may charge you with an Ohio sexual battery charge until the legal system fully resolves your case, you need a lawyer. Please do not trust your instinct that you can handle it alone or that the case is a mistake and the police will drop the charges. Accept that you may be in serious legal trouble, and hire a lawyer with expertise in cases of sexual battery. Ohio criminal defense attorneys with a proven track record of excellent criminal defense will know how to:  Evaluate police conduct and the prosecution’s case and find any irregularities that could lead to dismissal of your case; Negotiate for lesser criminal charges; Mount a vigorous defense in court if the case goes to trial;  Fight for a lenient sentence if the court finds you guilty; and Protect your rights from start to finish. Do not admit guilt, agree to any terms with prosecutors, or sign any statements on your own. If the law charges you, clearly state that you will not speak without an attorney present. Immediately seek a lawyer or firm known for exceptional criminal defense work. We Can Help Please call Gounaris Abboud, LPA, immediately at 937-222-1515 if you are facing criminal charges. Our attorneys have more than 50 years of collective experience. We are dedicated, fierce advocates. At Gounaris Abboud, we understand the complexity of sexual assault cases and are here to help. Contact us today for a free case analysis. 

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ohio brandishing law

If you face an allegation of brandishing a weapon, you may be unclear regarding the nature of the charge, the possible defenses, penalties if convicted, and whether you need an attorney. These are all relevant concerns because Ohio brandishing law makes brandishing a crime in certain circumstances, and you need a strong defense. Is Brandishing a Firearm Illegal? Brandishing (to swing or wave) a weapon is not necessarily a crime in Ohio. Brandishing law is referenced as an add-on offense. Here is why. The primary statute in this area states that brandishing or displaying a firearm in the course of a felony is an offense. Example: Fighting and threatening can be felonies of battery and communicating threats (menacing). If you brandish a weapon during either of these violations, law enforcement will likely charge you with the initial offense plus a brandishing charge. What Are Defenses to a Brandishing a Weapon Charge? An attorney will need to review all the circumstances of a case to determine the best defense. Though defenses are not universal to every situation, here are some that defenses attorneys often use in Ohio brandishing law alleged violations. Self-Defense Suppose you were in the midst of a confrontation and charged with threatening another. Your lawyer may argue that you brandished your weapon to defend yourself or another, which is allowable by law. Lack of Intent  Inherent in brandishing charges is the idea that you are acting in a threatening manner. If you had a weapon out but were joking with a friend, cleaning it, unloading it, putting it away, etc., the lawyer may argue that you did not intend to brandish with any level of threat. Illegal Police Conduct In every criminal case, the law requires that police follow specific guidelines regarding investigations, arrests, interrogations, and more. If they violated those or other laws in the course of your case, your attorney might be able to get your charge dismissed. What Are Possible Penalties for a Conviction of Brandishing a Weapon? In Ohio, brandishing law provides a specific penalty of mandatory years added to a prison sentence. Brandishing or displaying a firearm in the course of a felony offense adds three additional years to the punishment for the initial crime. Other Firearm Charges Ohio statutes identify numerous criminal violations regarding firearms. While most do not specifically reference the term “brandishing,” they often cover having or using a firearm in various circumstances (i.e., firing a weapon, having a gun on school property, providing a gun to a minor, etc.). When you face any firearm charge, you should get a lawyer. How Do I Find a Lawyer for a Brandishing a Weapon Charge? Lawyers can accept any case they feel competent to handle. However, do your due diligence. Choose a lawyer who is: A criminal defense lawyer; Experienced in Ohio brandishing law cases; and  Available to you for a free consultation to gauge your comfort level with the lawyer. Finding an attorney with these qualities helps ensure that you have a vigorous defense to fight a brandishing a weapon charge. Gounaris Abboud, LPA: Dedicated Legal Counsel Gounaris Abboud, LPA, is a criminal defense firm, well-versed in Ohio brandishing law. We are ready to defend you in your firearms charge. We offer a free consultation and take on all levels of cases in Dayton and throughout Ohio. Contact us today or give us a call at 937-222-1515.

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When you think of reckless driving, you may imagine teens drag racing late at night on local streets. But this type of incident does not singularly represent reckless driving.  Ohio laws broadly define reckless driving, and many responsible citizens find themselves needing legal representation for a charge of reckless driving in Ohio. All drivers need to understand the law surrounding reckless driving. Ohio courts take the charges seriously, and you must as well. What Is Reckless Driving in Ohio? Some specific and essential elements create reckless driving. These are: Operating a vehicle; Willfully and wantonly; and While disregarding the safety of people or property For a conviction, the State must prove all three of these elements. First, they must prove you were driving a motorized vehicle. Next, they have to prove that you purposely drove (in a public or private area) in a reckless way. Finally, they will need to demonstrate that you did or could have injured someone or something by your actions. Make a note of this crucial additional fact: Whether your driving actually injures a person or property is not relevant to this charge. Can You Give Me an Example of Reckless Operation in Ohio? Let’s make a comparison of situations. Say you are driving and have a medical seizure. Your car veers off the road. That would not be reckless driving. Ohio law would not permit criminal charges because you were not intentionally reckless or wanton. On the other hand, if you are late for work, traveling 60 mph in a 25 mph zone, and go past a stop sign without stopping, that could be considered reckless driving in Ohio. You knew you were driving too fast, and you understand that speeding is dangerous. On top of that, no doubt running the stop sign could have led to a severe accident and injury. What Is the Difference Between Reckless Driving in Ohio and Reckless Operation in Ohio? In Ohio, the reckless operation is a term interchangeable with Ohio reckless driving—different terminology but the same offense. You can find the specific statute in the Ohio Criminal Code.  What Should I Do If the Police Charge Me with Violating Ohio Reckless Operation Laws? Once the State charges you with reckless operation, Ohio courts get involved. You have one singular and crucial step to take: Get a lawyer.  If convicted of this charge, you may face myriad outcomes. Depending on whether it is your first offense, and based on the judge’s discretion, if convicted your sentence may include: A suspended driver license, Probation, Time in jail, and Hundreds of dollars in fines. Some people minimize their charges of reckless driving. Ohio courts do not. You should have a lawyer safeguard your rights, fight to get your charges dismissed or reduced, and advocate for you in court if it comes to that.  Gounaris Abboud, LPA: The Dedicated Lawyers You Deserve With offices throughout Ohio, Gounaris Abboud, LPA, has a long history of providing exceptional legal defense services. We pride ourselves on offering one-on-one attention to every single client. You can reach us by calling 937-222-1515 or by visiting our website. At Gounaris Abboud, LPA, we are available for a free case analysis. Please reach out to us for your legal needs.

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ohio-hit-and-run-law

The occurrence of hit-and-run accidents reached an all-time high within the last couple of years. According to the Automobile Association of America (AAA), in 2018, more than one hit-and-run crash occurs every minute on U.S. roads.Also,  AAA also estimated that an average of 682,000 hit-and-run crashes occurred each year since 2006.  Like the laws of every other state in the U.S., Ohio law requires people to stop at an accident scene. The numbers referenced above clearly show that many people do not.  Failing to stop after a car crash in Ohio is a serious crime that has long-lasting consequences. If you are under investigation for involvement in a hit-and-run or you face hit-and-run charges in Ohio, you need an experienced and dedicated Ohio criminal defense attorney to work for you.  Leaving the Scene of an Accident in Ohio Ohio’s motor vehicle law creates a legal duty for every motorist involved in an accident on a public street or highway to stop and identify themselves. The law requires all persons to stop immediately at the crash scene. At a minimum, the driver must give a name and residential address if they own the car. If they do not own the vehicle, then they must provide the owner’s information as well.  Ohio law requires the driver to provide identification to particular individuals involved in the collision. Those people include: Any injured parties, The responding police officers, and The person who is responsible for any other vehicle involved in the crash. A motorist must remain at the accident scene until a police officer arrives if the injured person is not in a condition to take down the operator’s information. Finally, the person who hits an unattended vehicle or another’s property must leave the information in a conspicuous place either inside or attached to the damaged vehicle.  Leaving the scene of an accident in Ohio that did not happen on a public way or public highway is also a crime. However, the driver involved in a crash that caused damages or injuries has 24 hours to report the incident to the law enforcement authorities.  Leaving the Scene of an Accident Ohio Penalties  Leaving the scene of an accident is generally a first-degree misdemeanor. A first-degree misdemeanor in Ohio carries a maximum 180-day jail sentence and a fine of no more than $1,000.  The penalties become more severe as the seriousness of the crime increases. A person accused of hit and run in Ohio that caused a serious personal injury faces a fifth-degree felony charge. A fifth-degree felony charge carries the possibility of a prison sentence between six months and one year, along with a fine of no more than $2,500. Leaving the scene of an accident resulting in death is the most serious hit-and-run crime in Ohio. Possible penalties include a prison sentence between one and five years, along with a fine of $10,000. Collateral Consequences of Leaving the Scene of an Accident in Ohio In addition to criminal sanctions, the person convicted in Ohio of leaving the scene of an accident faces a class-five driver license suspension. A class-five suspension lasts from six months to three years. Also, Ohio will assess six points on the operator’s license. Accumulating 12 points in two years is grounds for a Class D suspension of up to six months. Ohio Hit-and-Run Defense Ohio hit-and-run law requires the prosecution to prove that the driver knew that an accident occurred beyond a reasonable doubt. Disputing the knowledge element of the charge could be a successful trial defense. Additionally, moving to suppress seized evidence or statements because the police violated the rights of the accused can bolster a strong defense strategy. Seek Immediate Legal Representation for a Hit-and-Run Police often doggedly pursue people who leave the scenes of accidents, especially those involving death or severe injury. Therefore, you must contact an aggressive and knowledgeable defense lawyer immediately for help protecting your rights. Remember that you have the right to refuse to speak with the police. Call Gounaris Abboud, LPA, at 937-222-1515 for assistance. We will use our tremendous experience and unparalleled knowledge to defend your freedom.

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ohio drug trafficking laws

Ohio, like all other states and the federal government, has enacted laws that outlaw drug trafficking. Drug trafficking and aggravated drug trafficking in Ohio are serious crimes that carry lengthy prison sentences. Police and prosecutors seek long prison terms for anyone convicted of drug trafficking in Ohio. If you were charged with drug trafficking in Ohio, you need expert legal help. In Ohio, our award-winning drug trafficking defense lawyers with Gounaris Abboud, LPA, have handled numerous criminal trials. We rely on a combined 50 years of legal experience handling complicated drug investigations to help you achieve a successful result. Drug Trafficking Ohio Drug trafficking charges receive significant prison sentences because of the intent to sell or deliver drugs. Ohio law defines trafficking in narcotics—which can include about any controlled substance or controlled substance analog—as knowingly: Selling, Offering to sell, Preparing for shipment, Shipping, Transporting, Preparing for distribution, or  Distributing. The law does not include a requirement that money must be exchanged for drug possession to qualify as trafficking. Additionally, Ohio law considers a person guilty of trafficking even if they had a mixture of an active drug and non-narcotic substance that formed a compound.  Ohio Drug Trafficking Penalties The sentencing scheme for drug trafficking in Ohio is extremely complicated. The particular sentences a person faces depend on the amount of drugs seized and the accused’s prior criminal record.  Perhaps the most significant factor that determines possible jail time is the substance seized by police. The nature of the substance determines if the charges are trafficking or aggravated trafficking. Aggravated Trafficking The police may charge aggravated trafficking when the substance seized is a Schedule I or II drug. However, aggravating trafficking excludes the following substances: Cocaine, Marijuana, LSD, Hashish,  Heroin, and Controlled substance analogs. Aggravated trafficking is a fourth-degree felony in Ohio. The maximum penalty is a jail sentence between six and 18 months. The court may assess a fine of no more than $5,000.  Other Drug Trafficking Charges Trafficking in substances defined by Schedule III, IV, or V is a fifth-degree felony. The maximum penalty is a 12-month prison term and a fine of no more than $2,500. As with aggravated trafficking, drug trafficking charges become more serious, depending on the drug’s weight, called the bulk amount. Additionally, the court may impose stricter penalties if the crime occurred near a school or a juvenile. Cocaine Trafficking Charges Trafficking in cocaine is a fifth-degree felony unless the crime occurred near a school or a juvenile. Additionally, the penalty for trafficking cocaine significantly increases depending on the weight of the drug. Penalties for cocaine trafficking range from six months to 11 years in prison and fines up to $20,000. Heroin Trafficking Heroin is a lethal drug. Consequently, Ohio state law carries significant punishments for tiny amounts of heroin. A person is guilty of heroin trafficking for 10 doses or less than one gram. Heroin trafficking of that small amount is a fifth-degree felony. The penalties can include an 11-year prison sentence and a $20,000 fine. Once again, the drug’s weight and the crime location determine the severity of the punishment. Secondary Consequences of Drug Trafficking A person convicted of drug trafficking is guilty of a felony. A felony conviction remains on the person’s criminal history. Additionally, subsequent offenders face enhanced prison sentences. The state will also suspend the person’s driver license.  A conviction for a drug trafficking crime in Ohio affects a person’s life in other ways. The person might experience difficulty finding employment or getting a college degree, or they may face immigration consequences.  How Can a Drug Trafficking Defense Help? Experienced drug trafficking defense attorneys understand how to defend those charges aggressively. The facts of the case will determine the defense strategies used. Some strategies include: Arguing motions to suppress the evidence based on constitutional violations; Arguing motions to dismiss based on lack of evidence;  Taking the case to trial because the prosecution’s evidence is weak; and Negotiating the case to a lesser charge. Working closely with your Ohio drug trafficking defense attorney will help develop the right defense strategy for you. Call Now to Learn More About Ohio Drug Trafficking Laws You need a seasoned and dedicated drug trafficking defense lawyer on your side as soon as possible. The complexity of Ohio’s drug trafficking laws requires the help of criminal defense lawyers with decades of experience and a proven track record of success.  With 50 years of combined criminal defense experience and a reputation for results, you can count on the lawyers at Gounaris Abboud, LPA. Call 937-222-1515 right now to discuss your Ohio drug trafficking case. 

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violation of protection order ohio

A protection order, which is also known as a restraining order, restricts many of the freedoms you take for granted. Protection orders can be difficult to obey because they can prevent you from seeing or even talking to your loved ones. A violation of a protection order further complicates an already difficult time in your life. Knowing what to do if you violate a protective order in Ohio is not easy. Understanding your legal rights is necessary to navigating a violation of a protective order successfully. Speaking with Gouraris Abboud’s protective order violation defense lawyers is your first step toward regaining your freedom. Types of Protective Orders Ohio law recognizes four types of protective orders. Ohio courts have authority to issue: Domestic violence temporary protective orders, Civil protection orders, Criminal protection orders, and Anti-stalking or sexually oriented offense protection orders. Courts issue domestic violence temporary protective orders to prevent further abuse or violence for a limited time until a permanent order issues. Judges also issue criminal protective orders to prevent violence between a person accused of certain crimes and the victim. Domestic relations judges issue civil protective orders during a divorce or other family law matters. Civil protective orders apply to people of the same family or household. Penalties for Violation of a Protection Order in Ohio Prosecutors and judges in Ohio take violations of protection orders seriously. Prosecutors ask for long jail or prison sentences and stiff terms of probation. Also, judges sentence people to long prison terms and strict probation terms for violating a protective order. Ohio law defines violating a protection order as a first-degree misdemeanor. A conviction for a first-degree misdemeanor in Ohio carries a six-month maximum jail sentence and a fine up to $1,000.  A person who violates a protection order might face felony charges if aggravating factors apply. Violating a protection order is a fifth-degree felony if the person was previously convicted of: Violating a protection order that protects a minor, a criminal protection order, a stalking protection order, a domestic violence protection order, or a temporary order;  Having two or more convictions for menacing, stalking, or trespassing with the same victim as specified in the order; or Having at least one prior conviction for violating a protection order.  Violating a protection order escalates to a third-degree felony if the violation occurred during the commission of a felony.  Possible Defenses Ohio courts have jurisdiction to convict a person if they violate a protection order in Ohio even though another state issued it. However, an Ohio court cannot convict a person for violating a protection order issued by another state if the order does not comply with federal law.  Other defenses depend on the nature of the alleged violation because each situation is unique. Some alleged victims might report an offense that never happened. Still other alleged victims could contact the defendant and report that the accused initiated the contact. Alternatively, the contact between the two parties could be accidental or insignificant.  Arguing that you did not have sufficient notice of the protective order is another viable option in the right case. You could not be held responsible for violating an order if you did not receive proper notice. Should I Hire an Attorney If I Violated a Protection Order? Shouldering the burden of representing yourself is a dangerous proposition.  The prospect of going to jail or prison is high if found guilty of violating a restraining order. Also, the court could order you to complete probation and wear a monitoring device.  There are other implications, as well. Violating a protective order remains on your record and cannot be erased. Additionally, you could experience difficulty finding sufficient housing and exploring educational or career opportunities, and you will not be able to possess a firearm. Meeting with an experienced Ohio criminal defense attorney is the most crucial step you can take when deciding to represent yourself. The future consequences significantly outweigh any money you save representing yourself. Contact Us Right Away with Any Questions You Have Gounaris Abboud’s violation of protective order defense lawyers will use their tremendous experience to guide you through this challenging time in your life. Our former prosecutors use their vast courtroom knowledge to develop successful defense strategies. Contact us today at 937-222-1515 for a free consultation.

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