Criminal Defense

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. For a free consultation, please call (937) 222-1515 or fill out our online contact form. 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: 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.

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:  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.

Facing criminal charges is a daunting prospect for anyone. On top of the risk of fines and jail time, having a criminal record can disrupt your life in a number of other ways. If you face second-degree misdemeanor charges, it is vitally important to understand the potential consequences that follow a conviction.  Please contact us online or call (937) 222-1515 today for a free consultation. Potential Penalties for Second-Degree Misdemeanors Ohio law splits misdemeanors into five different categories or levels. Ohio law bases the misdemeanor level on the seriousness of the crime. Minor misdemeanors are the least serious, and first-degree misdemeanors are the most serious. The severity of punishment corresponds with the level of the crime. Above first-degree misdemeanors are fifth-degree misdemeanors.  In Ohio, second-degree misdemeanors include theft, shoplifting, vandalism, and manufacturing or selling drug paraphernalia. Conviction of a second-degree misdemeanor can bring two primary types of punishment in Ohio: a fine and jail time. The maximum incarceration period for a second-degree misdemeanor in Ohio is 90 days. The maximum fine is $750. If convicted of a second-degree felony, the punishment can include one or the other, or both. It is important to note that these are the maximum punishments that a judge can impose.  Mitigating Circumstances and Mitigating Punishments Punishment for a second-degree misdemeanor may end up less severe than the maximum based on mitigating circumstances. Mitigating factors do not mean that a person did not commit a crime. Instead, they lessen the severity of a crime in the eyes of the law and society and thus lessen the imposed punishment’s severity. Mitigating factors include things like: An experienced criminal defense attorney will work closely with you to figure out which mitigating factors they should present to the judge to lessen the severity of a second-degree misdemeanor sentence.  Mitigating punishments may also lessen the severity of the jail time or fine imposed by the courts. Mitigating punishments include things like community service, probation, counseling, drug treatment, or license suspension. In some cases, a judge will impose a mitigating punishment of their own volition. However, in other cases, someone facing criminal charges and their defense attorney can ask for mitigating punishments themselves. A judge will assess the facts of the case and mitigating factors to determine whether circumstances warrant a mitigating punishment. How a Criminal Defense Attorney Can Help If you face a second-degree misdemeanor charge, the best thing you can do for yourself is to hire an experienced criminal defense attorney. Your criminal defense attorney will work closely with you to hear your side of the story and craft a suitable defense for it. On top of the possibility of beating the case in court, your attorney can fight to have your case dismissed, argue for your sentence to be reduced or mitigated, or negotiate a plea bargain to drop the criminal charges to a lower level. An experienced criminal defense attorney is your best bet to beat or lessen the severity of criminal charges. Contact Us If You Are Facing a Second Degree Misdemeanor Charge in Ohio If you face a second-degree misdemeanor charge in Ohio, you may feel like you are against the world. However, you don’t have to be alone in your fight to protect yourself. Gounaris Abboud, LPA’s criminal defense attorneys can help you fight to prove your innocence. With over 50 years of combined experience, the attorneys at Gounaris Abboud, LPA, have seen it all and helped countless clients. Our firm is bold in its criminal defense and not afraid to take on the most challenging cases. No matter what the charge is, Gounaris Abboud, LPA, is here to help, so contact us today for a free consultation.

If you have signed another person’s name without their knowledge or permission, you may be worried about the possible legal ramifications. You may be wondering what forgery is, whether it is a crime, and, if so, what the statute of limitations on forgery signature crimes is. In this article, we will address those matters and more as we look at the ins and outs of forgery laws in Ohio. For a free consultation, please call (937) 222-1515 or send us an online message today. Is Forgery of a Signature a Crime? Yes! Forgery laws in Ohio are part of the  Ohio Code of Crimes and Procedures. In these statutes, the judicial system makes it clear that it is a violation of Ohio forgery laws to fabricate or create any writing or portion of a writing. This includes executing or altering a signature. More specifically, the Theft and Fraud Criminal Code states that it is illegal to: Forging, selling, or distributing identification cards (fake IDs) also violates forgery laws in Ohio. Consequences for violating Ohio forgery laws can include fines in the thousands of dollars and prison time. Statute of Limitations on Forgery of a Signature The statute of limitations is the time frame during which law enforcement may bring a case against you after the commission of the crime. The general time limits in Ohio are: While the above is accurate for most cases, there are a few variations, including some crimes involving forgery. For instance, if the forgery offense consists of a breach of fiduciary duty or misconduct by a public servant, law enforcement may have more time to address the crime. It is always critical to have a highly respected attorney review your situation and determine the statute of limitations.  What You Should Do If You Are Facing Forgery Charges If there is any possibility that law enforcement will charge you with forgery or if they already have charged you, you should immediately contact an attorney. Forgery of a signature can create a legal problem that puts your freedom at risk. Therefore, mounting a solid defense right away is crucial. Contact a criminal defense legal team at once, and let them protect and defend you. Look for a reputable firm that will provide a free case analysis. Ohio forgery laws lend themselves to prosecution and punishment. Now that you know the answer to your question of is signature forgery a crime and that forgery is a serious crime, you must react accordingly. Hire a lawyer you can trust who will support and defend you. Gounaris Abboud, LPA: Ready to Work on Your Case Gounaris Abboud, LPA, has more than 50 years of collective experience. Our firm provides high-quality, dedicated legal counsel to our clients. When you need outstanding criminal defense in Ohio, Gounaris Abboud, LPA, should be your first and only call. Call us now at 937-222-1515 or reach out online for a free case analysis.

Are traffic violations criminal offenses? The short answer is that sometimes they are and sometimes they aren’t. Obviously, offenses like vehicular homicide and vehicular manslaughter are criminal traffic violations. Almost as obviously, violations like running a stop sign are not crimes, at least for first offenders. Between those two extremes, however, the criminal status of a traffic violation may be unclear. For immediate assistance, please call (937) 222-1515 or send us an online message today. We offer free consultations. Ohio Traffic Violations: The Points System Ohio operates a point system to discipline drivers for poor driving. Each driver is allotted 12 points every two years. If the driver commits a traffic violation, the Ohio Bureau of Motor Vehicles will deduct a certain number of points depending on the nature of the offense. In no case, even vehicular manslaughter, are more than six points deducted for a single offense. Even in cases where the underlying offense is a crime, accumulating points on your driver’s license is not itself a crime.  If you accumulate 12 or more points within two years, Ohio will suspend your driver’s license. Although there are ways of avoiding suspension (e.g., traffic school), you do commit a crime by driving on a suspended driver’s license. This is the main way that ordinary moving violations such as running a red light can result in criminal liability. What Traffic Violations Are Criminal Offenses? A great number of traffic violations are also criminal offenses. Too many, in fact, to list here. But here is a list of some of the most commonly committed criminal traffic violations. Aggravated Vehicular Homicide Aggravated Vehicular Homicide occurs when you cause the death of someone due to reckless or intoxicated driving. Reckless driving is something more than mere negligent driving. Aggravated vehicular homicide is a felony that typically carries significant prison time. Driving Under Suspension  Driving Under Suspension or in Violation of License Restriction is a very common offense. Ohio might suspend your driver’s license for traffic violations, for example, or for refusing to take a Breathalyzer test. It might also restrict your driving privileges to driving to and from work, for example. Ohio can charge you with a misdemeanor criminal offense for violating these limitations. Failure to Stop After an Accident Failure to Stop After an Accident on Public Roads or Highways is colloquially known as “leaving the scene of an accident” or, if you caused the accident, “hit and run.” Ohio can charge you with a first-degree misdemeanor, a fifth-degree felony, or a third-degree felony, depending on the circumstances. The prosecutor will hit you hard with this one if you caused the accident, injured someone, and drove away. Willful or Wanton Disregard Operation in Willful or Wanton Disregard of the Safety of Persons or Property is colloquially known as reckless driving. What makes it “reckless” (rather than merely negligent or careless) is your deliberate disregard of the safety or property of others. Depending on the circumstances Ohio can charge you with a minor misdemeanor, a fourth-degree misdemeanor, or a third-degree misdemeanor for this offense. Racing Street Racing is a fairly self-explanatory offense. A police officer doesn’t have to wait for an accident to occur to arrest you for street racing. Street racing is a first-degree misdemeanor. Vehicular Homicide Vehicular Homicide occurs when you cause the death of another person through negligent driving. Ohio can charge vehicular homicide as a first-degree misdemeanor or a fourth-degree felony. If convicted of this crime you might face a mandatory prison term. Additionally, if you cause someone’s death by driving while intoxicated, the state can charge you with aggravated vehicular homicide that carries even stiffer penalties.  Vehicular Manslaughter Vehicular Manslaughter occurs when you cause the death of another person while operating your vehicle in a manner that amounts to a violation of a municipal ordinance or minor, misdemeanor traffic violation. Ohio can charge you with a first-degree or second-degree misdemeanor for this infraction. Failure to Comply Failure to Comply with Order or Signal of a Police Officer, known colloquially as fleeing and eluding, occurs when you drive with the intent to evade the pursuit of a police officer after they signal you to pull over. Ohio can charge you with a first-degree misdemeanor, a fourth-degree felony, or a third-degree felony for this infraction. Let Us Stand By Your Side Traffic violations become more than a nuisance when they turn into criminal offenses. If this happens, you can call upon the services of the award-winning criminal defense attorneys at Gounaris Abboud, LPA. We have won acquittals and dismissals for a great number of criminal defense clients, and favorable plea bargains for many more. Call us at (937) 222-1515 or contact us online for a free case analysis. We have offices in Dayton and Springboro, Ohio, and we serve clients from all over Ohio.

Sexting is a dangerous activity, even if fun or flirtatious. Photos, commentary, video, and other electronically distributed sexual material do not necessarily disappear after selecting the delete button. A digital record remains intact anytime anyone uses the internet or electronic devices to transmit information.  The law often lags behind technology. To date, there are no laws prohibiting sexting in Ohio. Existing laws could fill the gaps to protect children from viewing, creating, and distributing obscene materials.   You must act swiftly if you or a loved one is under investigation for or charged with a crime involving sexting in Ohio. The Ohio sex crimes defense lawyers with Gounaris Abboud are former prosecutors with a wealth of knowledge and experience to defend sexting crimes in Ohio. Contact us online or call 937-222-1515 today to schedule a free consultation with a member of our team. Sexting Between Consenting Adults Sexting laws for adults in Ohio are virtually non-existent, except for one statute. The Ohio legislature passed the law to protect people from becoming victims of revenge porn. The Ohio law criminalizes distributing images of other people by electronic means without that person’s consent. The law applies to images of anyone aged 18 or older shown nude or in a sexual act. The crime is complete if the subject can be identified. Sexting That Involves Minors Unlike sexting between adults, sexting that involves a minor can have serious consequences. A number of crimes relating to sexting can be committed by both adults and teenagers. Juveniles seldom realize you can get in trouble for sexting. Teenagers notoriously yield to impulses without thinking about the consequences. When in the moment, they would hardly believe that it is illegal to send nudes to each other even if shared by significant others. A teen might also find it hard to believe that receiving a nude photo of another is a crime when they received it by accident. Unfortunately, many teenagers are now realizing distributing private or even unsolicited sext messages could be criminal.  Child Pornography As a society, we are just beginning to appreciate the possible harm that sending nudes might do to the person in the photo. Law enforcement officers and prosecutors at the state and federal levels aggressively pursue purveyors of child pornography. In Ohio, possession of child pornography is a felony called pandering obscenity. Ohio’s pandering obscenity law prohibits creating, publishing, reproducing, or possessing obscene material depicting people under 18. Thus, two 17-year-old teens involved in an intimate relationship who sext could be prosecuted for possession of child pornography in Ohio. Moreover, the law would apply to an adult sending or receiving a photo of a person under 18. Child Endangerment Parents and guardians have a duty to protect minor children in their care. Their duty extends to protecting their minor children from appearing in obscene material, including being depicted in nude photographs. Ohio law punishes parents and guardians who allow minor children in their care to appear in nude or obscene material. Disseminating Matter Harmful to Juveniles Ohio law provides that no person shall sell, give, or send obscene or harmful materials to a juvenile. Ohio’s legislature wrote the law broadly to cover a wide range of behavior. The law applies to teens sending obscene matter to each other, like intimate photos or videos. The law also applies to anyone 18 or older sending nude photos or sexting with a person younger than 18. Punishments for Sexting in Ohio Punishments for sexting in Ohio vary depending on the severity of the allegations. Most crimes in Ohio that apply to sexting are felonies. Punishments for felony convictions in Ohio include lengthy prison terms, fines, and probation.  The sentencing judge can impose strict probationary terms to protect victimized children and help reform the offender. Probationary terms might include: The potential sanctions a court could impose are severe. The collateral consequences of sexting are severe as well. A conviction or delinquency for a sexting crime in Ohio can hinder educational and career advancement and restrict personal freedoms for a felony conviction. Contact Gounaris Abboud Call 937-222-1515 Contact our firm to discuss your sex crime charge today. During a free consultation, we’ll discuss the specifics of your case and come up with a strategy together. Sex Offender Registration Ohio law requires people convicted of certain sex crimes to register with the state’s sex offender registry. An adult convicted or a juvenile adjudicated a delinquent child for a sex crime involving a child must register as a convicted sex offender. A person on the sex offender registry must re-register his or her address every year. Ohio’s sex offender registry will classify the offender. The public has access to information about a convicted sex offender depending on the person’s classification level. Possible Defenses for Sexting Charges Anyone facing charges relating to sexting in Ohio might not see any way out of the situation. However, a dedicated Ohio criminal defense attorney will evaluate your case to determine any defenses that could help you avoid a conviction or minimize the severity of the punishment. A skilled Ohio criminal defense lawyer with experience defending sexting charges in Ohio could pursue options such as: The types of defenses argued to depend on the individual circumstances of the case. Defenses such as consent do not apply when sexting with a minor. Your Ohio sexting defense lawyer will explain all your options to guide you toward the decision that is best for you. Contact an Ohio Sex Crimes Lawyer Today The Ohio criminal defense lawyers at Gounaris Abboud are always available to answer any question you have concerning sexting or any other criminal matter. Contact us online or call us at 937-222-1515 to learn how our aggressive, compassionate, and dedicated criminal defense lawyers could help you preserve your freedom.

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. For a free case review, please call (937) 222-1515 or send us an online message today. 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”: 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. 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 drug 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: 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: 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: If you’re charged with cocaine possession in Ohio, contact a criminal defense lawyer today. LSD If you’re charged with LSD possession in Ohio, contact a criminal defense lawyer today. All Other Schedule I and II Controlled Substances If you possess any other Schedule I or II controlled substance you will be charged with aggravated drug possession. Aggravated possession of drugs is a felony but can vary in degree based on the amount in possession: If you’re charged with aggravated possession of drugs in Ohio, you should contact a criminal defense lawyer today. Schedule III, IV, and V Controlled Substances A person in possession of a Schedule III, IV, or V controlled substance may be charged with possession of drugs under Ohio drug possession laws. Possession of drugs can result in a first-degree misdemeanor charge or a felony of the fifth, fourth, second, or first degree depending on how much of the substance was in the defendant’s possession. Regardless of the schedule of the controlled substance, the offense (as determined by the bulk amount or weight) ordinarily carries the same penalty. What Happens If I’m Convicted of a Drug Offense? If you’re convicted of a drug offense in Ohio, you face a number of consequences. The harshest penalties you face are jail time and fines. Your driver’s license may even be suspended or revoked if you are convicted of a drug offense. If you hold a professional license such as a law license, medical license, or nursing license, you could lose it either temporarily or permanently. Additionally, you will have a permanent criminal record as a drug offender. Having a criminal record with a drug charge can make it harder to get a job, find housing, and get into higher education programs. Sentences for Violating Ohio Drug Possession Laws Ohio law supplies suggested sentencing, but the penalties can vary depending on the particular facts and circumstances of each case: The sentences listed here are the penalties suggested by Ohio law. Sentences imposed in a possession case may deviate from these guidelines. Because criminal sentencing depends on the circumstances, speak with an experienced attorney about the specifics of your case. Possible Defenses The defenses you might have against a drug possession charge depends on a number of factors, including: Your criminal defense lawyer could argue that some or all evidence should be excluded because the search or seizure was unconstitutional under the 4th Amendment. If you did not receive proper Miranda warnings when you were taken into custody, your lawyer could also argue...

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. Give us a call at (937) 222-1515 or fill out our online form today for a free consultation. Types of Protective Orders Ohio law recognizes four types of protective orders. Ohio courts have authority to issue: 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 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.

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. Learn how we can help you during your free consultation. Call (937) 222-1515 or reach us online today. 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: 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: 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: 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: 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: 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: 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: Second-degree felonies include: Third-degree felonies can include: Fourth-degree felonies can include: Fifth-degree felonies can include: