Tips for Choosing a Criminal Defense Attorney Near Me

When you face criminal charges, you need the best lawyer you can get. The founders enshrined the right to an attorney in the Sixth Amendment to the Constitution because it is critical for defendants to have legal counsel. If you were arrested, you should have received a Miranda warning informing you of your right to an attorney. As part of that warning, the officer probably said, “If you cannot afford an attorney, one will be provided for you.” This means that you have three choices for representation when facing criminal charges: Defend yourself without the assistance of an attorney, Ask for a court-appointed attorney, or Hire a criminal defense lawyer. While you can’t guarantee a successful outcome with any of these choices, hiring a criminal defense lawyer usually gives you the best legal representation. Defending yourself is a risky move because you may not understand the complexities of criminal law. Accepting a public defender seems like a good option, but these attorneys are often burdened with excessive workloads.  Hiring an attorney can feel like a complicated challenge because there are so many lawyers out there. If you have the resources to hire a criminal defense lawyer, you may wonder, How do I choose a criminal defense attorney near me?  Four Tips for Choosing a Criminal Defense Lawyer Here, we’ll share four tips that should make your criminal defense lawyer search easier. Closer Isn’t Always Better You may be tempted to choose a lawyer close to your home. You want to know, Is there a criminal defense lawyer near me? This is certainly a convenient option, but a close lawyer isn’t always best. Be willing to drive a little to find experienced legal representation. Ask for References Do you know anyone else who faced criminal charges? Ask that person if they had a good attorney. If you know an attorney who practices a different area of law—like divorces or real estate—ask them for a criminal defense attorney recommendation.  Run an Attorney Search Online Find attorney reviews online on sites like Avvo, Facebook, or Google. Experienced attorneys may have hundreds of reviews posted online. Read through other clients’ feedback to feel more confident about your attorney choice. Consult Your Local or State Bar Association’s Attorney Directory The Ohio State Bar Association offers an attorney directory and even lets you sort results by specialty. Also, if you would like to understand more about the law surrounding your criminal charge, this site is full of legal information.  Were you recently charged with a crime? If you were recently charged with a crime text us the details Text Us on Mobile For a Free Case Analysis Questions to Ask Before Hiring a Lawyer Once you find a potential attorney, you’ll want to schedule a consultation. This meeting allows you to share your experience with the attorney and receive legal direction. The attorney can offer potential strategies, and you can ask questions. When you speak to an attorney, be sure to ask them these questions: How long have you been practicing? Do you offer free consultations? Have you handled cases like mine? How do your fees work? If you decide to hire the criminal defense lawyer, you’ll sign a contract so your attorney can start your defense. Choosing the Right Attorney Is Crucial When you face criminal charges, your freedom is on the line. You need to pay careful attention to each step you take after you’re charged. Every interaction you have with the police could put your defense at risk. An attorney can advise you on what to say and not say when speaking to the police. You need a criminal defense lawyer with the knowledge to present your best defense. An experienced attorney will use every legal strategy available to set you free. You’ll want to find a law firm with a successful record and plenty of passion for their work.  You’ll find all of these qualifications and more at Gounaris Abboud, LPA. Our Ohio criminal defense attorneys have a combined 50 years of legal experience. We offer confident, aggressive criminal defense as we attempt to get your charges reduced or dismissed. Get an Opinion on Your Case Today Stop worrying about how to defend yourself against criminal charges, and take action. Schedule a consultation with the experienced attorneys at Gounaris Abboud, LPA. We’ll review your case, answer your questions, and get started on your best defense. Call our knowledgeable law firm today at 937-222-1515 or contact us online to schedule a free consultation. 

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sexual imposition ohio

The crime of sexual imposition, as defined by Ohio state law, can occur in a variety of scenarios. Some examples of acts that could fall under the definition of this offense include drugging someone’s drink to eliminate their ability to resist sexual contact or initiating sexual contact while someone is under the influence of surgical anesthesia. Although this crime typically carries misdemeanor charges, gross sexual imposition is a felony in most cases. Either way, a conviction can have a significantly negative effect on your life. You face prison time, fines, and the requirement to register as a sex offender. Fortunately, the law typically requires evidence beyond a victim’s accusation to get a conviction. If you are facing charges for this offense, contact an Ohio sex crimes lawyer as soon as possible for help. What Is Sexual Imposition in Ohio? The crimes of sexual imposition and gross sexual imposition, as defined by Ohio law, can be confusing and difficult to understand. The basis of either charge is sexual contact, which the statute defines as, “any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.” Additionally, for either charge, the State must show that Sexual contact occurred with someone who is not the offender’s spouse; The offender caused someone else (non-spouse) to have sexual contact with the offender; or The offender caused two or more other people to have sexual contact. Whether the person is charged with sexual imposition or gross sexual imposition depends on the extent of the contact and the egregiousness of the conduct. Sexual Imposition A person can be charged with sexual imposition in the following scenarios:: The offender knows that the sexual contact is offensive to the other person; The offender knows that the other person’s judgment or ability is significantly impaired; The offender knows that the other person is unaware that sexual contact is occurring; The other person is 13 to 15 years old, whether or not the offender knows the age of the person, and the offender is at least age 18 and four or more years older than the victim; or The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing that the sexual contact is necessary for mental health treatment purposes. A first offense of sexual imposition is a third-degree misdemeanor. Subsequent offenses are first-degree misdemeanors. Gross Sexual Imposition The crime of gross sexual imposition, occurs in the following scenarios: The offender purposely compels the other person to submit by force or threat of force; The offender impairs the other person with drugs, controlled substances, or intoxicants using deception, threat, force, or deception; The offender knows that the other person is impaired by intoxicants, including those used for medical or dental treatment; The other person is less than 13 year old; or The other person has a mental or physical impairment or cannot resist due to advanced age. An offender may also face a gross sexual imposition charge for knowingly touching the genitalia of anyone less than 12 years old “with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.” What Are the Penalties for Ohio Sexual Imposition? One of the most common questions we hear from our clients is, Is sexual imposition a felony in Ohio? In most cases, sexual imposition carries a misdemeanor charge. However, gross sexual imposition is automatically either a third- or fourth-degree felony. Depending on the nature of the charges, a conviction may carry mandatory prison time. Even if you aren’t sentenced to time behind bars, you face an equivalent term of supervised probation. You could face a third-degree felony charge if: The accuser was under age 13 when sexual contact occurred, or The offender used an intoxicant to prevent the accuser from resisting sexual contact. Upon conviction for a third-degree felony, you could face from one to five years in prison. A fourth-degree felony conviction qualifies for a potential of six to 18 months behind bars or on probation. Depending on the nature of the charges, you could also face a monetary fine of up to $10,000. What Does It Mean If I Am Charged with Sexual Imposition? In addition to fines and potential prison time, you must register as a sex offender. The duration of registration requirements ranges from 10 years to life, with periodic in-person verification requirements. You will also have a permanent criminal record.   A sex crimes conviction could cost you your reputation, your job, your apartment, and the custody of your children. The prosecutor might offer you a plea agreement and waive jail or prison time in exchange for your guilty plea. Even if you don’t have to spend time behind bars, however, the significant implications of sex offender registry and a permanent sex crime record could haunt you for the rest of your life. A criminal defense attorney can evaluate the details of your case and explain your options. We Stand Ready to Defend You Against Sexual Imposition Charges The criminal defense attorneys of Gounaris Abboud, LPA, understand that bad things can happen to good people. We will help you evaluate all potential defense strategy options. Before you make any decisions that could affect your future, talk to one of our experienced Ohio criminal defense lawyers. Call us at 937-222-1515 now to schedule a free case evaluation or contact us online for help.

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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 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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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. Facing a Felony Charge? If you were recently charged with a felony text us the details for a free and confidential case analysis Text Us on Mobile For Free Case Analysis 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...

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In Ohio, expungement is the term for clearing your criminal record and having the court’s records sealed from public view. If you have a criminal record, you might be curious about what crimes cannot be expunged in Ohio. A criminal record can interfere with your ability to get a job, rent a house, or obtain professional licensing. However, having crimes expunged from your record requires undertaking a complex legal process. Upon approval of your motion for expungement, the court issues an order for clearing and sealing the records. Unfortunately, not all crimes are eligible for expungement. To explore having a prior offense removed from your record, talk to an Ohio criminal defense lawyer for help. WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ Which Criminal Records Cannot Be Expunged and Sealed in Ohio? Per the Ohio Revised Code, some types of criminal convictions cannot be expunged. Following is a partial list of records that cannot be expunged and sealed in Ohio: Any first- or second-degree felony, Any violent crime, DUI/OVI, Sexual battery, Rape, Sexual imposition, Gross sexual imposition, Domestic Violence Pornography involving a minor, Obscenity involving a minor, Use of a minor in pornography, Voyeurism, Corruption of a minor, Felonious sexual penetration, and Traffic offense involving bail forfeiture. Other offenses that cannot be expunged if the victim was under the age of 18 include: Promoting prostitution, Compelling prostitution, Public indecency, and Pandering obscenity. Even if your crime is eligible for expungement, you must meet the qualifications as an eligible offender before the court will consider your motion. Those qualifications include: You were not subject to mandatory jail time; You were not convicted of a violent crime with a victim younger than 18; and You were not convicted of a first- or second-degree felony. Finally, to qualify to have your record expunged, you cannot currently face any pending criminal charges. WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ What If My Record Is Not Eligible for Expungement? Recent changes to the Ohio Revised Code have relaxed some of the restrictions for having a criminal record expunged. For example, you can now have one felony and one (separate) misdemeanor or two qualifying misdemeanor convictions expunged from your record. Previously, you could not qualify for expungement if you had an OVI conviction on your record. However, recent updates to the code removed that restriction. Like many areas of the law, however, the codes governing expungement remain open to interpretation. Moreover, our state laws undergo regular revisions and updates. These factors provide Ohio expungement lawyers with many potential opportunities to assist you in getting your record expunged. WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ How Can an Ohio Criminal Defense Lawyer Help? A criminal defense attorney can review the facts of your case as well as your overall criminal history. Based on what your attorney discovers, he or she can recommend strategies to help you achieve your goals. For example, you might become eligible for expungement of a particular offense once the statutory waiting period expires. An experienced attorney may successfully eliminate the mandatory jail time exclusion in your case. Another example of how a lawyer can help you is by fighting to have any pending charges you face dropped. The process for preparing and filing a motion for expungement presents a variety of complex challenges. An experienced attorney understands how the process works and how to help you fight to achieve your goals of a clean record. Talk to an Attorney Today About Getting Your Ohio Criminal Record Expunged Gounaris Abboud, LPA, assists clients in Dayton and throughout Ohio. We handle all types of criminal defense cases including OVI and DUI defense. Even if you believe you cannot have your record expunged, contact us to review your case with an experienced Ohio expungement attorney. Call us now at 937-222-1515 to learn more.

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ohio drug laws controlled substances

What You Should Know About Ohio Drug Possession Laws Ohio drug possession laws are codified by Ohio Revised Code Section 2925.11 and define possession of controlled substances as “knowingly obtaining, possessing, or using a controlled substance”. Ohio drug laws classify controlled substances into five “schedules.” These schedules range from the most serious (Schedule I) to the least serious (Schedule V). Possession of more serious drugs carries more severe penalties, while the penalties for possessing less serious drugs are not as harsh. Ohio law provides different “bulk amounts” for each type of drug. These are benchmarks used to measure the appropriate penalty based on the quantity of the drug. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. If you have been arrested for a drug possession crime in Ohio, you should contact a criminal defense lawyer today. Hiring a criminal defense lawyer gives you the best chance to reduce or eliminate your criminal charges. Recent Case Result: Drug Crime Reduced to Disorderly Conduct Ohio Drug Laws on Controlled Substances Ohio drug laws follow federal classifications of controlled substances into five “schedules”: Schedule I. Schedule I drugs are those that have a high potential for abuse and have no accepted medical uses. Examples of Schedule I drugs include heroin, LSD, and marijuana. But the Ohio Legislature has now enacted laws providing for medical use of marijuana with an approved license. Schedule II. Schedule II drugs are drugs with a high potential for abuse but with limited accepted medical uses. These drugs are considered dangerous and can lead to severe mental and physical dependence. Cocaine, methamphetamine, oxycodone, and fentanyl are some examples of Schedule II drugs. Schedule III. Schedule III drugs are drugs with a moderate to low potential for abuse or dependence and have accepted medical uses. Ketamine and anabolic steroids are examples of Schedule III drugs.  Schedule IV. Schedule IV drugs have a low potential for abuse or dependence. These drugs also have known medical uses. For example, Xanax, Valium, and Ambien are Schedule IV drugs. Schedule V. Schedule V drugs have the least potential for abuse and the most common medical uses. Antidiarrheal and cough suppressants are examples of Schedule V drugs. Whether a drug is a Schedule I or II controlled substance or a Schedule III, IV, or V controlled substance is important for criminal charges, penalties, and sentencing. Related: Client with Possession of Heroin Charge Gets Diversion Program Ohio Penalties for Possessing Controlled Substances Penalties for possession of controlled substances depend on factors such as the type and the amount of the substance. For example, possession is more severely punished when it involves possession of Schedule I and Schedule II controlled substances.  The penalties for possessing a controlled substance also depend on how much of the substance the accused possessed. Some controlled substances, including marijuana, LSD, heroin, and cocaine, are measured by weight. Other controlled substances are measured by what Ohio drug laws call a bulk amount. Each controlled substance is assigned a bulk amount by statute. Penalties depend on whether the defendant possessed less or more than the bulk amount. Note that possession is not a crime if the person has a valid prescription for the controlled substance. Many controlled substances, particularly Schedule III, IV, and V controlled substances, have accepted medical uses. Possessing a controlled substance without a valid prescription, however, can lead to misdemeanor or felony possession charges. Were you recently charged with a crime? If you were recently charged with durg possession then text us the details Text Us on Mobile For Free Case Analysis Possession and Aggravated Possession of Controlled Substances in Ohio Ohio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. Schedule I and II Controlled Substances Possession of most Schedule I or II controlled substances is aggravated possession of drugs under Ohio drug laws. However, possession of some Schedule I and II drugs will not result in aggravated possession charges. Marijuana, heroin, cocaine, and LSD Schedule I and II drugs that are excepted from aggravated possession charges include marijuana, heroin, cocaine, and LSD. Each drug carries its own penalties. Marijuana Possession of marijuana in Ohio is penalized as follows: Less than 100 grams is a minor misdemeanor; Greater than or equal to 100 grams but less than 200 grams is a fourth degree misdemeanor; Greater than or equal to 200 grams but less than 1,000 grams is a fifth degree felony; Greater than or equal to 1,000 grams but less than 20,000 grams is a third degree felony; and Greater than or equal to 20,000 grams is a second degree felony. If you’re charged with marijuana possession in Ohio, contact a criminal defense lawyer today. Heroin Possession of heroin in Ohio is penalized as follows: Less than 10 unit doses or less than one gram is a fifth degree felony; Greater than or equal to 10 unit doses but less than 50 unit doses or greater than or equal to one gram but less than five grams is a fourth degree felony; Greater than or equal to 50 unit doses but less than 100 unit doses or greater than or equal to five grams but less than 10 grams is a third degree felony; Greater than or equal to 100 unit doses but less than 500 unit doses or greater than or equal to 10 grams but less than 50 grams is a second degree felony; Greater than or equal to 500 unit doses but less than 1,000 unit doses or greater than or equal to 50 grams but less than 100 grams is a first degree felony; and Greater than or equal to 1,000 unit doses or greater than or equal to 100 grams is a first degree felony plus major drug offender status. If you’re charged with heroin possession in Ohio, contact a criminal defense lawyer today. Cocaine Possession of both powder and crack cocaine in Ohio is penalized as follows: Less than five grams...

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assault in ohio

Battery VS Assault: What Is The Difference Between Assault And Battery In the state of Ohio, assault and battery are two separate offenses that oftentimes go hand in hand. Ohio assault laws define assault as the act of causing or attempting to cause harm to another person or unborn child, while battery involves negligently or intentionally causing bodily harm or offensive physical contact.  Charged With Assault or Battery in Dayton? Text Us the Details If you have been recently charged with an assault or battery charge and feel that there is more to the story that is not being heard, we want to hear about it. You can text us the details of your case and all the details about the assault or battery charge will remain completely confidential during our free case evaluation. Just because you were charged does not mean you are guilty, and we will provide the best defense against your assault or battery charge. Assault can either be considered simple, negligent or aggravated. While simple and negligent assault are charged as misdemeanors, aggravated assault can be a felony offense if committed against a protected party such as a police officer, firefighter, teacher, or another public servant. Related: How to Defend Against Assault Charges ASSAULT CHARGES OHIO FAQ Ohio Assault Laws – Types Of Assault Charges in Ohio ASSAULT CHARGES OHIO FAQ Simple Assault Simple assault, oftentimes plainly referred to as just “assault,” is a first-degree misdemeanor offense in Ohio and can carry penalties up to six months in jail and $1,000 in fines. Simple assault involves knowingly or recklessly causing harm to another person or their unborn child. Under this definition, a person does not need to have the intent to harm in order to be found guilty. Negligent Assault A person can be charged with negligent assault in the event that a person should cause physical harm to another person through the negligent handling of a deadly weapon. Negligent assault is a third-degree misdemeanor, carrying up to 60 days in jail and fines up to $500. Negligent assault is oftentimes charged in relation to hunting accidents or accidental shootings. Felony Assault In serious cases where a person causes or attempts to harm another person with the use of a deadly weapon or firearm, they may be charged with felony assault – the most serious type of assault. Were you recently charged with a crime? If you were recently charged with a crime text us the details Text Us on Mobile For Free Case Analysis ASSAULT CHARGES OHIO FAQ Felony assault in Ohio can carry the following consequences: For a first degree felony, up to eleven years in prison and fines up to $20,000. For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. For a second degree felony, up to eight years in prison and fines up to $15,000. Similarly, aggravated assault is charged when a person commits an assault in a fit of rage after being provoked by the victim. Aggravated assault is often charged as a fourth-degree felony, though it can be escalated to a second-degree felony if committed against a police officer. A conviction of aggravated assault can carry up to six years in prison and $5,000 in fines. ASSAULT CHARGES OHIO FAQ Is Pushing Someone Assault In Ohio? Pushing in associated with assault can vary from state to state. Some states consider physical attack an assault, which would include slapping or even slightly pushing or shoving another person. This could be regarded as a simple assault. Other states consider assault to be any sort of action that threatens another person, such as threatening to push or punch someone. Under Ohio assault laws, pushing or shoving someone would be considered a simple assault. Related: Case Results: Assault and Domestic Violence Charges Dismissed ASSAULT CHARGES OHIO FAQ Charged with Assault? Contact Us If you have been accused of any type of assault, a skilled Dayton criminal defense attorney from Gounaris Abboud, LPA, can protect your rights in court and provide the aggressive defense you need during this time. Having earned an Ohio Super Lawyers® inclusion and a ranking on The National Trial Lawyers: Top 100 list for our excellence, we have what it takes to fight and win on your behalf. Find out more about what our award-winning lawyers can do for you during a free consultation.

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High-Tier-OVI-in-Ohio

In Ohio, a person is guilty of driving under the influence (OVI) if they operate a motor vehicle with a blood alcohol content of 0.08 or higher. When someone’s blood alcohol content is significantly higher the offense becomes a “high tier” OVI. A “high tier” OVI, carries criminal penalties that are much more severe than the penalties for a typical OVI.  What is a High Test Result Under Ohio’s High Tier OVI Laws? When the police suspect a person of driving under the influence, they may ask that person to submit to a chemical test. This test measures the person’s blood alcohol content. If the test results show that the person has a blood alcohol content of 0.08 or more, the driver will likely face an OVI charge. If the test results show that the person’s blood alcohol content is equal to or greater than 0.17, the person faces a “high tier” OVI charge.  What test results qualify as a “high” under Ohio drug laws? Ohio law defines the following results as high, depending on the type of test: Breath test: 0.17 or greater Urine test: 0.238 or greater Blood serum or plasma test: 0.204 or greater Ohio considers these results excessively above the legal blood alcohol limit of 0.08. For the driver whose test returns a high result enhanced criminal penalties will likely follow if convicted.  Criminal Penalties for a High Tier DUI For a high tier OVI conviction, Ohio law imposes enhanced criminal penalties. The following are potential penalties that could result from a super DUI: Suspended driving privileges.  The Ohio Bureau of Motor Vehicles (BMV), through an Administrative License Suspension (ALS), will suspend a person’s driving privileges after a test over the legal limit. This means that you may not drive until your driving privileges are reinstated or if the Court grants driving privileges.  Suspended driver’s license. The court may suspend the individual’s license for one to three years following an OVI conviction.  Fines. The fines imposed for an OVI range anywhere from $375 to $1,075.  Ignition interlock device. The court will require that the driver install an ignition interlock device at the driver’s expense if convicted of a “high tier” OVI. Ignition interlock devices prevent the operator from starting the car until they pass a breath test. Some devices require a second breath test at random while the vehicle is in operation. If the court grants the person unlimited driving privileges, the person must install an interlock device. Restricted license plates. If the court allows the person to continue driving, the person will need to display restricted license plates if convicted of a “high tier” OVI. Restricted license plates are bright yellow with red lettering. The plates signal that the driver has limited privileges because of a driving under the influence conviction. Jail time. An individual usually must serve a mandatory 6 six days up to 180 days in jail if convicted of a “high tier” OVI.  For a second “high tier” OVI conviction, the sentence ranges from a mandatory 20 days to six months in jail. The punishment for a third “high tier” OVI conviction is at least 60 days in jail and up to one year. Probation. The court may require up to five years of probation for a “high tier” OVI conviction.  These penalties often affect the individual’s life significantly because of things like increased insurance rates, associated costs and expenses, and limited ability to travel. Because of the potentially severe consequences of a “high tier” OVI you should immediately seek legal representation to help you in your defense.  Contact an Experienced OVI Attorney in Ohio If you are facing OVI charges in Ohio, you need an experienced defense attorney on your side. At Gounaris Abboud, LPA, our experienced and distinguished defense lawyers will work hard to protect your rights at every stage of your case.  Contact our legal team today for a free case evaluation. Our lawyers can discuss how we can help you develop a strong legal defense and obtain the best possible outcome. 

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ohio felony sentencing

Ohio felony sentencing laws classify felony crimes into five categories, or degrees, ranging from most serious to least serious. Felonies can be first, second, third, fourth, or fifth-degree offenses. Felonies can be first, second, third, fourth, or fifth-degree offenses. First-degree felonies are the most serious class of felony, and fifth-degree felonies are the least serious. Felony sentencing laws in Ohio also include unclassified felony offenses. Unclassified felonies are not categorized by degree. These are very serious offenses. Felony Crimes by Class & Sentence Each felony category corresponds to a specific sentencing range. The sentence is proportional to the seriousness of the offense. More serious felonies get longer prison sentences. Ohio felony sentencing laws may also require mandatory minimum sentences for certain felony offenses. First- and Second-Degree Felonies First-degree felonies are the most severe category of offenses. For example, first-degree felonies include: Voluntary manslaughter, Kidnapping, and Rape The minimum Ohio felony sentences for a first-degree felony range from three to 11 years in prison. Second-degree felonies are the next most serious level of offenses. These offenses include, for example: Aggravated arson, and Felonious Assault Second-degree felonies can result in minimum prison sentences from two to eight years. Indefinite Sentences for First- and Second-Degree Felonies A new Ohio felony sentencing law requires indefinite sentencing for certain first- and second-degree felony offenses. First- and second-degree felonies committed on or after March 22, 2019, and that are not subject to life in prison are punishable by indefinite sentencing. Indefinite sentencing means that a judge will select a minimum sentence from the specified range of penalties. The judge will then determine the maximum term by adding 50% of the minimum term. For example, if a defendant is convicted of kidnapping, a first-degree felony, the judge may select a minimum term of six from the specified sentencing range. The maximum term, in this case, would be nine years. Find Out More Information From Our Blog This is because 50% of the minimum term of six years is three years, which is then added to the minimum term for a total of nine years. The defendant, thus, will serve six to nine years in prison. Third-Degree Felonies Some third-degree felonies are subject to longer sentences ranging between one and five years. Offenses subject to the longer sentencing include, for example: Aggravated vehicular assault or homicide, Unlawful sexual conduct with a minor, and Assisting suicide. However, most third-degree felonies are punishable by shorter sentences ranging between nine months and three years. Are You Being Charged with a Felony? Fill out the confidential form below describing the details of what you are being charged for and then we can begin to evaluate your case. Fourth-Degree Felonies Crimes classified as fourth-degree felonies include, for example: Aggravated assault, Vehicular assault, and Grand theft of an automobile. Felony sentencing in Ohio for fourth-degree felonies can range between six and 18 months in prison. Fifth Degree Felonies Fifth-degree felonies are considered the least serious felonies. Examples of fifth-degree felony offenses include: Breaking and entering, Forgery, Gambling, and Receiving stolen property. In Ohio, felony sentences for fifth-degree offenses range between six and 12 months in prison. Unclassified Felonies Unclassified felonies are felonies that are not classified by degree. Unclassified felonies include, for example: Murder, and Aggravated murder. Ohio law supplies specific sentences for unclassified felonies. Sentences for aggravated murder, for instance, can include death, life without the possibility of parole, or life with the possibility of parole after 20 years. In Ohio, felony sentences for murder range from 15 years in prison to life in prison. Mandatory Sentences Ohio felony sentencing laws may also impose mandatory prison terms in some cases. For example, Ohio requires mandatory sentences for aggravated murder, murder, rape, or attempted rape of a child under the age of 13, and first- or second-degree felony drug trafficking. In these cases, a court must impose a sentence or sentence range specified for the offense. Contact an Experienced Ohio Felony Sentencing Lawyer Ohio felony sentencing is complicated and depends on the specific circumstances of each case. If you face a felony charge, it is imperative to your defense that you speak with a lawyer experienced in felony sentencing in Ohio. At Gounaris Abboud, LPA, we have over 50 years of combined experience in criminal defense. The defense lawyers at Gounaris Abboud, LPA, can help you understand your case and can discuss possible defenses to overcome your charges. We offer a free initial case consultation. To schedule yours, contact our legal team today at (937) 222-1515. TLDR; Quick Reference Section First-degree felonies include: Voluntary manslaughter, Kidnapping, and Rape Second-degree felonies include: Aggravated arson, and Felonious Assault Third-degree felonies can include: Aggravated vehicular assault or homicide, Unlawful sexual conduct with a minor, and Assisting suicide Fourth-degree felonies can include: Aggravated assault, Vehicular assault, and Grand theft of an automobile Fifth-degree felonies can include: Breaking and entering, Forgery, Gambling, and Receiving stolen property.

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