ovi ohio first offense

Intoxicated driving is one of the most common criminal charges in Ohio. The Ohio State Highway Patrol reports that 19,008 people were arrested on OVI charges in the state in 2018 alone. No matter the specific circumstances, an OVI charge is always a serious matter. Even a first-time OVI conviction could result in a defendant facing severe penalties. Here, our Dayton OVI lawyers give an overview of the Ohio OVI laws. We will also explain what to expect if you are facing a first-time intoxicated driving offense. DUI charges in Dayton are heard in the Dayton Municipal Court at 301 West Third Street, Dayton, Ohio. For a free consultation, please call (937) 872-4166 or fill out our online form today. OVI Ohio First Offense: What Am I Facing? Under Ohio law (Ohio Revised Code § 4511.19), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. Ohio has graduated penalties for OVI offenses. This means a defendant will face worse penalties with each intoxicated driving offense. Still, a first-time OVI is not a minor issue. For a first-time OVI, you will face both criminal and administrative penalties. Let’s take a look at some of the penalties you might face. Criminal Ohio OVI Penalties for a First-Time Offender Ohio OVI first-offense penalties will vary depending on your blood alcohol concentration (BAC) level when you are arrested and processed. If you are convicted for a first-offense OVI in Ohio with a BAC above 0.08% but below 0.17%, it is punishable by the following: Following a conviction, you also face up to three years of driver’s license suspension. If you are convicted of your first OVI in Ohio, but your BAC is above 0.17%, it is punishable by: Two of these penalties require additional explanation. Yellow license plates, officially called “restricted license plates” and colloquially called “party plates” in Ohio, alert the public and police officers of your OVI. Judges must require everyone convicted of a high alcohol OVI to have yellow plates on their cars if they receive limited driving privileges. These privileges get granted when your license suspension prevents you from going to work, school, or other necessary destinations. An ignition interlock device is a breath test connected to your car’s ignition. The IID prevents your car from starting unless you blow into it and pass an alcohol test. The IID might also require random retests while you drive to keep the vehicle running. Judges will require an ignition interlock device when granting limited driving privileges during your license suspension period. Although the IID may allow the engine to start with a blood-alcohol level up to 0.02%, it records your tests. You might violate the terms of your limited driving privileges if you try to drive after drinking alcohol. You can also face these enhanced penalties for a first offense with a BAC below 0.17% but accompanied by a refusal to submit to a breathalyzer charge. Whether you blew a 0.08% or 0.17%, a first DUI in Ohio has the potential for steep consequences that will undoubtedly impact your life. Hiring a knowledgeable and skilled DUI defense attorney is your best defense at beating the charges. Administrative Penalties: Your License Will Be Automatically Suspended — Unless You Act If you get charged with a drunk driving offense in Ohio, your license will be suspended before you get a hearing on your case. An administrative license suspension (ALS) is imposed by the Ohio Bureau of Motor Vehicles, separate and in addition to any license suspensions imposed by the criminal court judge as a part of an OVI sentencing. You might be thinking, Can I face an ALS for a first-offense OVI? And it might surprise you to learn that you can face an ALS for a first-offense OVI if you refuse to submit to a breathalyzer or blood test. An ALS is immediately imposed if you refuse a chemical test or the test result shows a BAC that exceeds the legal limit. A refusal to submit to a chemical test will result in a 12-month suspension, and if the test result shows you are over the legal limit, it will result in a 90-day suspension. You can take action to stop this. Contact an experienced OVI Ohio defense lawyer after your drunk driving arrest. You have 30 days to request a hearing to challenge the automatic suspension. Overview of Penalties for a First-Time OVI Charge in Ohio Penalty First OVI with a “Low” BAC First OVI with a “High” BAC First OVI with a “Refusal” Fines $375 to $1,075 $375 to $1,075 $375 to $1,075 License Suspension 6 months to 3 years 1 year to 3 years 1 year to 5 years Jail Time 3 days to 180 days 6 days to 180 days or 3-day DIP and 3 days jail 3 days to 180 days or 3-day DIP and 3 days jail Points on License 6 points 6 points 6 points Ignition Interlock Device May be required Required Required Alcohol/Drug Treatment May be required May be required May be required Community Service May be required May be required May be required Restricted Plates Not required May be required May be required Vehicle Immobilization Not required Not required May be required Note: Other Collateral Consequences of Even a First-OVI Conviction Driving while intoxicated is deeply frowned upon by most of society. A conviction will carry a negative stigma that may impact your relationship and reputation among your relatives, friends, co-workers, and peers. In addition to the above statutory penalties for a first offense, you also face the following: Of these, the criminal record has the most serious long-term effects. Your OVI could show up on any check of your criminal background or driving record. Thus, a landlord might find out about your OVI in a background check and refuse to rent a home or office to you. More importantly, you might have a legal duty to affirmatively report a conviction. For example, if you have a professional...

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Every state within the United States controls driving privileges by requiring anyone operating a motor vehicle to have a valid driver’s license. Further, drivers are required to abide by laws and restrictions when driving. Should a motor vehicle operator break the law one too many times, they may have their driving privileges revoked. This means they no longer have a valid driver’s license and cannot lawfully operate a car. Each state has its own particular requirements and penalties. If you were caught driving without a valid operator’s license in Ohio, there are a few different charges you could face depending on the specific circumstances. The penalties can range from minor fines to license suspension and even incarceration. Reach out online or call (937) 222-1515 to get in touch with our experienced Ohio defense attorneys at Gounaris Abboud, LPA. We can discuss your case and defense during a free consultation. Ohio Law In Ohio, no person is allowed to operate any motor vehicle on a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking unless the person has a valid driver’s license.  Is it Illegal to Drive Without Your License on You? Even if you have a valid license, it is still against the law to drive without having your license in your possession. So you might be wondering, What happens if you get pulled over without your license on you? Drivers are required to have their license on them anytime they are operating a motor vehicle. If the police catch you driving without your license on you, but you have a valid driver’s license, this is still a violation of Ohio law.  Specifically, you may be issued a ticket for driving without proof of license in Ohio. If found guilty, you could face up to six months in jail and up to $1,000 in fines. Expired Drivers’ License If you are convicted of driving without a valid driver’s license in Ohio because your license is expired, you will be charged with a minor misdemeanor and face a fine of $150. No Operator’s License: Ohio Fine and Penalties We are often asked, What happens if you get caught driving without a license but with a permit in Ohio? A learner’s permit is not a driver’s license and does not allow operators to drive carte blanche. There are restrictions during the learning and provisional process that must be followed. Drivers with a temporary instruction permit under the age of 16 must have a parent, guardian, or licensed driving instructor in the passenger seat while driving. If the learner is 16 or older, they are bound by this restriction only between the hours of midnight and 6:00 a.m. Otherwise, they must be accompanied by a driver over the age of 21. In both scenarios, the supervising driver cannot be intoxicated. If you violate these provisions, it could result in an extended probationary period. Penalties It may not be the crime of the century, but driving without a license can result in significant consequences. Two of the most common penalties are fines and further license revocation or suspension. Can you go to jail for driving without a license in Ohio? Depending on the specific offense and your prior driving record, you can potentially face jail time for driving without a license. First Offense Generally, a first offense for driving without a license in Ohio will result in only fines and fees. You may also be sentenced to a community residential sanction, otherwise known as community service. If you are convicted of driving without a valid driver’s license and have never been licensed, your charge would be an unclassified misdemeanor. In addition to a fine of up to $1,000, you could be ordered to complete up to 500 community service hours. Second or Subsequent Offense If you are convicted for second or subsequent driving without a valid driver’s license offense, your charge would be a first-degree misdemeanor. The punishment now increases to up to six months in jail and up to $1,000 in fines. Three-Year Rule The court may impose a license suspension of up to one year if, within three years of the current offense: Under such circumstances, you’d be wise to consult an attorney. Help Is Here At Gounaris Abboud, LPA, we have more than 50 years of collective experience in criminal defense and motor vehicle violations. Driving without a license in Ohio can have serious consequences and even negatively impact your ability to earn a living. We understand things happen at all hours of the day, not just during business hours. At Gounaris Abboud, LPA, we are always available 24/7 to take your call. Contact us online or call (937) 222-1515 to schedule a free, no-obligation consultation with one of our skilled attorneys.

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Voyeurism Penelties Ohio

Like every other state, Ohio law criminalizes certain sexual acts. Typically, sex crimes are those sexual acts that violate the rights of others. Often, the rights violated in sex crimes center around a victim’s right to privacy and personal choice. But you be wondering, Is voyeurism illegal? The answer is yes. In fact, voyeurism is a sex crime that centers, almost entirely, on one’s right to privacy.  There is more to Ohio’s voyeurism rules than the fact that voyeurism is illegal. If you face a voyeurism accusation, contact an Ohio sex crime lawyer as soon as possible. Here is a quick breakdown of Ohio’s voyeurism laws from the sex crime defense legal team at Gounaris Abboud, LPA.  For immediate assistance, please call (937) 222-1515 or fill out our online form today. We offer free consultations. What Is Voyeurism? Different states use different legal terms to define criminal acts. This applies to voyeurism just like any other crime. Consider this general voyeurism definition. Voyeurism occurs when someone achieves or otherwise seeks sexual gratification by watching others engage in sexual activity. As a criminal act, voyeurism occurs when one seeks sexual gratification or pleasure by watching others participate in sexual activities without their consent or knowledge. Voyeurism also includes seeking sexual gratification by watching someone who is not necessarily engaged in a sexual act but is otherwise in a state of nudity or undress without their knowledge or consent. The victim’s lack of consent or knowledge is critical in differentiating between voyeurism as a crime and voyeurism as a legal sexual act. Ohio Voyeurism Laws In Ohio, there are four varying levels of voyeurism severity. The state prosecutes the least severe offense as a third-degree misdemeanor and the highest as a fifth-degree felony. Each of the various levels has a different definition or list of qualifications. All of the levels of voyeurism share the same basic qualifications. To be a crime, voyeurism involves someone who trespasses or surreptitiously invades the privacy of another, or spies or eavesdrops upon another for the purpose of sexually arousing or gratifying themselves.  Voyeurism as a third-degree misdemeanor occurs when someone invades the privacy of another to spy or eavesdrop on them for purposes of sexual gratification or pleasure. As a second-degree misdemeanor, voyeurism is slightly different. Voyeurism as a second-degree misdemeanor occurs when someone, for the purposes of sexually gratifying or arousing themselves, invades the privacy of another to record, film, or otherwise photograph another person in a state of nudity. First-degree misdemeanor voyeurism occurs when someone tries to invade the privacy of another by photographing or viewing their body or undergarments. As a fifth-degree felony, voyeurism occurs when one engages in the same activity noted in the third-degree misdemeanor but does so with a minor as their target.   Penalties for a Voyeurism Conviction The penalties for an Ohio voyeurism conviction differ from one another based on the severity or degree of the crime. The following bulleted list illustrates the maximum penalty for each level of voyeurism conviction: It is important to note that each of these categories represents the maximum punishment. Someone convicted of voyeurism will not always face the maximum punishment. Judges consider numerous factors that can mitigate or aggravate the severity of any punishment they hand down. The best way for someone facing a voyeurism charge to avoid the maximum penalty is to hire an experienced sex crimes lawyer who will litigate aggressively on their behalf. Protect Your Freedom with Ohio’s Premier Sex Crime Lawyers If you are facing a voyeurism charge in Ohio, don’t wait for the legal process to unfold before hiring an attorney. Instead, from the moment you are aware that you are under investigation for a crime like voyeurism, retain the services of an experienced sex crime lawyer. An experienced sex crime attorney will help you preserve your freedom and constitutional rights from the moment you hire them. The attorneys at Gounaris Abboud, LPA know the ins and outs of voyeurism charges in Ohio. They can draw on their vast experience to help you achieve the best possible outcome in your case. Preserving our clients’ freedom is our top priority. Let us make your freedom our priority. Contact us online or call (937) 222-1515 today for your free consultation.

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  • May 11, 2023
  • 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 (937) 222-1515 or fill out the online form to reach the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge or get an OVI dismissal in Ohio. Just because you have been accused of DWI does not mean you will be convicted. There are defenses to DWI charges. HOW TO GET OUT OF AN OVI IN OHIO FAQ 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 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. Illegal Search or Seizure If law enforcement did not have probable cause or reasonable suspicion to stop your vehicle, you may be able to argue the OVI charges against you should be dismissed. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable search and seizure. This means for a police officer to stop your vehicle lawfully, they must have reasonable suspicion that you violated a traffic infraction or committed a crime. The officer must have probable cause to justify the arrest if you are arrested due to that stop. If the officer had neither, you could argue that any evidence from the traffic stop is inadmissible because it is the “fruit of the poisonous tree.” In other words, any evidence obtained from the illegal search or seizure may be ruled inadmissible in a court of law. This might be any drugs or alcohol found on your person or in your car due to an illegal search. An experienced OVI attorney will know what to look for and how to spot potential Fourth Amendment grounds for dismissal of an OVI charge.  Failure to Advise You of Your Fifth & Sixth Amendment Rights 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. Most people are familiar with the term Miranda rights or Miranda warnings from popular crime dramas. Any time you are in custody or not free to leave on your own accord, law enforcement must advise you of your right to remain silent and that anything you say may be used against you in a criminal proceeding. If you are not read your Miranda rights, your attorney will move to suppress any statements you made during the interrogation. It is also possible to move to suppress any evidence obtained due to your unlawfully obtained statement. For instance, if police fail to read you your Miranda warnings and, during the interrogation, you mistakenly admit that you had 10 drinks and were drunk driving, that admission may be inadmissible.  If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. It is up to your attorney to spot these illegalities and make the appropriate motions to suppress them. If your statements are suppressed, and there is no or little other evidence against you, the State may have to dismiss your case. Improper Administration of Field Sobriety Tests 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 police are required to follow mandatory protocols when administering roadside field sobriety tests (FST). If they deviate from these standards, the results of any FSTs can be suppressed and deemed inadmissible as evidence against you.  Depending on the circumstances, you may have another defense to FSTs, including any medical conditions that prevent you from performing and completing the FSTs as instructed. Your attorney may also challenge the road conditions when the FSTs are administered. For instance, if the road is snow-covered or icy, it is possible to challenge the accuracy of the results.  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. Improperly Administered Breath Test or Faulty Breathalyzer Machine Another way to beat an OVI charge is to challenge the breathalyzer test. You can assert that the machine was defective, unreliable, poorly maintained, improperly calibrated, or that the test was administered improperly. If your attorney can show this, the prosecutor must rely on something other than the breathalyzer results to prove their case.  Examples of ways to challenge the breathalyzer include: A skilled attorney will spot any inaccuracies with the breathalyzer administration and results. ...

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Carrying firearm while intoxicated

Ohio law prohibits individuals intoxicated by alcohol or drugs from carrying a firearm. For obvious reasons, Ohio lawmakers doubt the decision-making ability of anyone under the influence of drugs or alcohol. By punishing individuals drunk while carrying a gun, this law aims to deter others from committing the violation.  If you’re facing charges for possession of a firearm while intoxicated, you could end up dealing with serious penalties. Consult with an experienced firearm possession attorney to determine what penalties apply to your case and how best to deal with them. Contact us online or call (937) 222-1515 today for a free consultation. When Do Possession of a Firearm While Intoxicated Charges Arise? As a general matter, Ohio allows individuals to possess firearms. Ohio even offers eligible persons the option of obtaining a concealed carry permit, allowing them to possess a concealed weapon. However, Ohio law, under section R.C. 2923.15 prohibits anyone from “carrying or using” a firearm while under the influence of alcohol or drugs of abuse. Thus, you cannot carry a firearm in your vehicle if you’re operating the vehicle while under the influence. Therefore, most of these charges arise along with driving under the influence (DUI) charges or operating a vehicle impaired (OVI) charges. Please note that there is a BIG distinction between what Prosecutors need to prove between being charged with OVI in Ohio and “under the influence” of alcohol in Ohio while carrying or using a firearm.  In an OVI charge in Ohio, A person can consume alcohol and drive AS LONG AS they are not impaired.  Law enforcement will routinely test a person’s blood-alcohol level to determine if that person is OVER the legal limit.  Please note that when a person is charged with Using a Weapon While Intoxicated, law enforcement DOES NOT need to prove a certain level of impairment.  The statute for this offense ONLY requires the State of Ohio to prove: “that a person WAS UNDER THE INFLUENCE OF ALCOHOL (or any drug of abuse).  This means that simply having a single beer (or a portion of a beer) MAY constitute as “under the influence.” What Counts as Carrying or Using? The prosecutor can charge you for being “under the influence” of alcohol while possessing a firearm even if you don’t have the weapon readily accessible. Courts have upheld convictions for this offense when the firearm was found: If you were charged with using weapons while intoxicated after authorities found a firearm in your vehicle, contact one of our attorneys at Gounaris Abboud, LPA, to discuss your options. Penalties for Possession of a Firearm While Intoxicated Ohio law considers possession of a firearm while intoxicated a first-degree misdemeanor. First-degree misdemeanors carry the potential of up to 180 days in jail and a fine of up to $1,000. Even if you have a concealed weapons permit, you could face a conviction.  But remember, prosecutors rarely charge this offense on its own. This charge most commonly arises in conjunction with a DUI/OVI charge, which carries more severe potential penalties. For a first-offense DUI/OVI conviction, the driver faces: A second DUI/OVI conviction carries the following potential penalties: If your blood alcohol level (BAC) is above 0.17%, you will receive more severe penalties.  In addition to the criminal penalties, a misdemeanor conviction—especially those concerning driving under the influence—can also result in other consequences, such as: After serving your sentence and paying your court fines, you will suffer the financial consequences of having a misdemeanor conviction on your permanent record.  Facing Charges for Using or Possession of a Firearm While Intoxicated? Consult with an Ohio Firearms Attorney Today An experienced firearms possession attorney with Gounaris Abboud, LPA, can help you understand what penalties are associated with the criminal charges filed against you. Depending on the circumstances of your case, an attorney can negotiate with the prosecutor to have your sentence reduced or have your charge dismissed entirely. Our team has more than 30 years of collective experience in the courtroom. Attorney Nicolas G. Gounaris, one of our managing partners, has experience as a prosecutor, magistrate, and acting judge, giving him a unique outlook when it comes to defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named as a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. There is no time to waste when your freedom is on the line. Contact Gounaris Abboud, LPA, as soon as possible at (937) 222-1515 or reach us online. 

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According to the CDC, there were 24,576 homicides in the United States in 2020. Broadly, homicide is defined as the deliberate and unlawful killing of another person. There are many ways people commit murder using objects clearly defined as weapons, everyday objects, or no weapon at all. However, there are three categories of commonly used weapons for homicides: firearms, knives, and body parts, including fists or feet. As you will see, firearms come out on top of the list of most common weapons used for homicides in our country. If you are in need of an experienced Ohio criminal defense lawyer, please call (937) 222-1515 or fill out our online form today. We offer free consultations. Murder by Numbers In the United States, as one might imagine, firearms are the leading cause of homicides. Firearms are a vast category encompassing many different types of guns. There are several different types of firearms most often used in homicides. The FBI researched to determine homicides by weapon type within the United States. The data was based on 13,922 out of 16,425 total homicides in the U.S. in 2019. The main focus of the study was to determine which firearms were most frequently used. However, the study did also compare those murder rates to non-firearm homicides. The data revealed that non-firearm weapons made up for about a quarter of all murders in the U.S. This includes knives and bodily weapons such as hands, fists, and feet.  Most Common Murder Weapon Of the leading causes of murders in the U.S., the FBI report unsurprisingly concludes that firearms are at the very top of the list. Out of the 13,922 homicides analyzed, 10,258 were committed using a firearm.  The study dove deeper and further broke that down by firearm type, classifying them into four categories: handguns, rifles, shotguns, and unknown types. While the news and media often spotlight “assault-style rifles,” that is not the most common murder weapon. Handguns were the type of weapon found to be the leading cause of murders. The FBI data further revealed that handguns were used in 45.7% of homicides nationwide. The following is a simple breakdown of the percentage of each type of firearm used in nationwide homicides: Although assault-style rifles are generally the center of attention, it does make sense on a fundamental level why the most common weapons used for homicides are handguns. Handguns are easy to carry because they are lightweight, small, and easily concealable. It stands to reason that handguns would be the gun of choice for homicides, robberies, and gang violence. A pistol is ideal if the perpetrator needs to hide the weapon to avoid being caught. The more diminutive stature of a handgun makes it favorable over a long gun. The need for a small, concealable firearm is especially true in inner cities and heavily populated urban areas.  Ohio Statistics In 2019, there were 521 homicides in Ohio, and 178, or 34.2% of them, were committed using a handgun. During the same time period, 188 homicides were committed using a firearm, while only 26 used a knife or other cutting instrument, and only 25 used bodily weapons.  Knife Deaths in the U.S.  While it is clear the most common type of murder weapon in the United States is a firearm, knives seem to be the second most used weapon of choice. Knife deaths in the U.S. are a problem and occur at a relatively high rate. According to the FBI, knife deaths accounted for 1,476 homicides, or 10.6% of all homicides nationwide. As with handguns, knives are easily concealable and lightweight, making them a popular weapon.  Homicide Rates Are at a High In 2020, the murder rate rose drastically by close to 30%. It is reported that approximately 75% of these murders were committed with a firearm. This data may come as a surprise to some people. According to the CDC, 2020 had the highest homicide rate since 1995. Murder remains a problem in the United States, and it remains to be seen whether the best approach to curtailing increased homicide rates is on the state or federal level. We Can Help If you have been charged with a crime, up to and including homicide, you need an excellent attorney to help protect your rights. At Gounaris Abboud, LPA, we pride ourselves on offering our clients personal, one-on-one attention. We take each and every case very seriously. Our committed and compassionate lawyers have 50 years of combined experience and an excellent reputation to back up our claims of offering you the most aggressive defense possible. Call (937) 222-1515 or contact us online today for a free case evaluation.

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is embezzlement a felony

Embezzlement is one of the most commonly prosecuted white-collar crimes in America’s state and federal courts. However, the laws surrounding embezzlement are complex, and those who face these serious charges often lack a full understanding of how they allegedly broke the law. At Gounaris Abboud, LPA, our dedicated team of white-collar criminal defense attorneys has a long history of successfully defending clients facing embezzlement charges in Ohio. We can help you identify the best possible defense and effectively present it to the judge or jury. Contact us online or call (937) 222-1515 today to get started with a free consultation.  What Is Embezzlement? Many who face embezzlement charges wonder, What is embezzlement? Essentially, embezzlement is a property crime involving a breach of trust. It happens when a person has lawful control over someone else’s assets, but they don’t own those assets. If they convert those assets over to themselves for their own enrichment, they have likely embezzled the assets. A common example would be employee theft. Under Ohio embezzlement laws, someone commits this offense if they have possession or control over someone else’s property or money, and they use it for their own enrichment in any of the following ways: Embezzlement is a type of theft crime. Thus, the punishment for embezzlement depends, in part, on the value of the property at issue. Is Embezzlement a Felony? Depending on the circumstances, embezzlement is either a misdemeanor or felony offense. Under Ohio Revised Code § 2913.02, if the amount embezzled is less than $1,000, the offense is a first-degree misdemeanor. However, the seriousness of an embezzlement offense increases along with the value of the alleged property: Protected Class In addition, an embezzlement offense committed against a protected class of people becomes a more serious crime. Under Ohio embezzlement laws, the following are protected classes: An embezzlement offense against a protected class is at least a felony of the fifth degree. Other Factors in Seriousness Level There are also other situations in which embezzlement penalties become more serious. For example: The seriousness levels for embezzlement can be confusing. So it is best to consult with an experienced Ohio criminal defense attorney to better understand the allegations against you and the possible punishments you face. Punishments for Embezzlement Ohio law provides for ranges of punishment based on the seriousness of the offense. Below is a list of the various penalties an embezzlement conviction may carry: In most cases, a judge has the discretion to sentence a defendant to probation; however, this is not a guarantee. Typically, judges are more likely to consider probation in lieu of incarceration for those who express remorse for their actions, have a verifiable employment history, and are able to present other mitigating evidence showing that incarceration is not appropriate. Do You Face Embezzlement Charges in Ohio? If you or a loved one faces embezzlement charges in Ohio, it is essential that you work with an attorney who has experience handling these complex cases. At Gounaris Abboud, LPA, our dedicated team of defense lawyers has decades of experience litigating a wide range of white-collar crimes, including embezzlement offenses. As skilled negotiators, we are often able to resolve cases favorably without the need for a trial. However, we are also seasoned litigators—meaning we will not hesitate to take your case to trial in front of the judge or jury if the prosecution isn’t willing to fairly resolve the case. We also make ourselves available 24/7 to answer your questions or discuss your case. To learn more and to schedule, a free consultation with a Dayton, Ohio criminal defense lawyer, call us at (937) 222-1515. You can also reach us through our online contact form.

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  • April 08, 2023
  • OVI
driving under ovi suspenstion ohio

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’s 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. Give us a call at (937) 222-1515 or fill out our online form today for a free consultation. 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: 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: 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 may be able to exclude those statements from being used as evidence. DRIVING UNDER OVI SUSPENSION OHIO...

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