statutory rape ohio

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

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ohio extradition laws

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

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what is sexual battery in ohio

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

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ohio-hit-and-run-law

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

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violation of protection order ohio

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

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disorderly conduct ohio

Disorderly conduct is a significant offense in Ohio. Although the charge is either a minor misdemeanor or a fourth-degree misdemeanor, a conviction carries severe implications for the accused.  Many people only consider the sanctions imposed by a judge when they think about penalties for violating Ohio’s criminal law. But convictions for criminal charges could also have other devastating consequences.  Speaking with a highly qualified Ohio criminal defense attorney from Gounaris Abboud could help you better comprehend your rights and develop a defense plan that minimizes the impact of an Ohio disorderly conduct charge. Disorderly Conduct in Ohio Disorderly conduct is a charge police often use to end a potentially dangerous or tumultuous situation. Ohio’s legislature wrote the disorderly conduct law broadly so that police could use their arrest powers to preserve the peace as circumstances dictate. The difference between protected speech and disorderly conduct is sometimes a narrow margin. A person can exercise their rights to free expression. However, Ohio’s disorderly conduct statute limits freedom of expression when the behavior alarms, annoys, or threatens public order.  Different Types of Disorderly Conduct Ohio law considers a variety of behaviors to be disorderly. Law enforcement officers can charge a person for disorderly conduct for inconveniencing, annoying, or alarming another person by recklessly Threatening harm to another person or property, fighting, or engaging in turbulent behavior; Being unreasonably noisy, uttering an offensive or coarse gesture, or communicating grossly abusive language; Provoking a violent response by insulting, challenging, or taunting another; Blocking roads or access to property; or Creating a situation that could physically harm another person by acting without a lawful or reasonable purpose. The person charged for disorderly conduct in Ohio need not be intoxicated or impaired under these circumstances.  Disorderly Conduct in Ohio While Intoxicated Ohio’s disorderly conduct law also pertains to situations when people are voluntarily intoxicated, which is sometimes called “drunk and disorderly.” The police need not prove the person under arrest for disorderly while intoxicated had a blood alcohol limit of 0.08 or above. Instead, the police have probable cause to arrest if the person appeared intoxicated according to the ordinary person. Police in Ohio could charge drunk and disorderly when: The person is in a public place or with two or more people engaging in conduct that is inconvenient, alarming, or annoying; or  The person created a condition that risks physical harm to others or to property. Operating a vehicle or watercraft under the influence does not violate the disorderly conduct law in Ohio, though you may be subject to other charges for doing so. Penalties for Disorderly Conduct in Ohio Ohio disorderly conduct penalties depend on the circumstances of your arrest.  Disorderly conduct is a minor misdemeanor and punishable by a fine of $150 unless aggravating factors apply.  Aggravated disorderly conduct is a fourth-degree misdemeanor. A person convicted of a fourth-degree misdemeanor in Ohio faces up to 30 days in jail and a fine not to exceed $250.  Ohio law defines aggravating factors under the disorderly conduct statute as: Persistent disorderly conduct after receiving a warning to stop the disorderly behavior; Committing the offense in the vicinity of a school or within a school safety zone; Acting disorderly during an emergency such as a fire, disaster, riot, accident, or another emergency while in the presence of police of other emergency personnel performing their duties at the scene; Acting disorderly at an emergency facility such as a hospital in the presence of emergency personnel while the emergency personnel attends to their duties; and Having three convictions of disorderly conduct while intoxicated. Discussing the allegations with a dedicated Ohio criminal defense attorney can help you better understand the charges filed against you. Disorderly Conduct and College Students Acting like a fool while drunk in a dorm room is one thing; doing the same in public is entirely different. College students should be wary about losing total control over their faculties while drinking or in situations where peaceful actions could turn riotous.  A college student found guilty of disorderly conduct could receive a suspension from school, suffer removal from college programs, or face other disciplinary action from their institution. The school’s disciplinary action could reflect poorly on the student when pursuing a professional career or furthering their education. Possible Defenses to Disorderly Conduct Charges Negotiating a favorable disposition of the case might be the best course of action in the circumstances. A skilled criminal defense lawyer knows how to negotiate disorderly conduct from a fourth-degree misdemeanor to a minor misdemeanor or negotiate a dismissal altogether. Individuals charged with disorderly conduct have the absolute right to proceed to trial. They could argue the First Amendment protected their actions.  Contact Gounaris Abboud Immediately With Any Question You Have About Disorderly Conduct in Ohio Gounaris Abboud’s criminal defense lawyers understand that you or your loved one is in a tough spot. Speaking with a passionate, dedicated, and experienced Ohio criminal defense attorney about your charges of disorderly conduct in Ohio could give you the confidence you need to make the best decision for you. Our criminal defense attorneys are former prosecutors who use their experience to their clients’ advantage. Call Gounaris Abboud today at 937-222-1515 to learn more. 

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sexting laws for adults

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. 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 Involving 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 pornogrpahy. In Ohio, possession of child pornogrpahy is a felony called pandering obscentiy. 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 the 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 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: Forfeiting cell phones or other electronic devices; Staying away from and having no contact with the alleged victim in the case, even if that person is a friend or significant other; Sex-offender treament or counseling; and Other provisions designed to protect children.  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. 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 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: Filing a motion to suppress evidence illegally seized by police, such as cell phone data and downloads; Arguing temporary or unintentional possession of obscene material depticing a child, especially if you did not solicit the material; Arguing entrapment if you were charged based on a police sting operation; or Negotiating a sentence reduction. The types of defenses argued 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. Come to Us With All Your Questions Our Ohio criminal defense lawyers are always available to answer any question you have concerning sexting or any other criminal matter. Call or text Gounaris Abboud today at 937-222-1515 to learn how our aggressive, compassionate, and dedicated criminal defense lawyers could help you preserve your freedom.

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how much does a criminal defense lawyer cost

If you or a loved one faces criminal charges in Ohio, you are probably weighing your options. Hiring the right Ohio criminal defense lawyers is one of the most important choices a person facing criminal charges must make. However, you might be wondering, How much does a criminal defense lawyer in Ohio cost? As experienced and compassionate Ohio criminal defense lawyers with Gounaris Abboud, LPA, we understand that deciding who should defend you or your loved one is a significant and complicated decision. The decision is not one you should take lightly. At Gounaris Abboud, LPA, we offer free consultations so you can evaluate your options and make the best decision for you and your family. How Much Does a Criminal Defense Lawyer Cost? A criminal defense lawyer’s cost in Ohio varies. Something about each case makes it unique. Thus, consulting with a knowledgeable lawyer with vast experience in Ohio criminal law is the only appropriate method of determining a case’s cost.  We encourage you to ask all the questions you want when talking with us about our attorney fees.  Factors That Affect the Cost of a Lawyer Setting criminal defense attorney fees requires consideration of many factors. A lawyer’s experience defending criminal matters is but one factor.  The most significant factors that determine how much does a criminal lawyer cost are particular to the case. A seasoned criminal defense lawyer will take into account factors such as: The overall complexity of the charges; The severity of the charges; The potential penalties involved; The amount of investigation and research required; The number of pre-trial motions to file; and The possibility that the case could go to trial or resolve short of trial. An experienced criminal defense lawyer might want to know this information before discussing how much does a criminal defense lawyer in Ohio cost. How Much Does a Lawyer Cost for a Misdemeanor or Felony? The severity of the charges is one of the most critical factors a defense attorney should consider when discussing the criminal defense attorney cost. However, the seriousness of crimes between misdemeanors and felonies is not always clear cut.  Misdemeanors are typically less serious crimes. However, a conviction for a misdemeanor still carries the potential to serve jail time, pay large fines, and be on probation.  For example, most DUI or OVI charges in Ohio are misdemeanor offenses. However, a DUI or OVI conviction in Ohio requires mandatory license suspension, a potential jail sentence, and fines. A court cannot expunge a DUI or OVI conviction, and it will be on your record forever. DUI or OVI cases could be quite complicated. DUI or OVI cases require tremendous skill and dedicated advocacy to obtain a just result. A person facing felony charges typically has more at stake than a person facing misdemeanor charges. Convictions for felony charges in Ohio allow a judge to sentence the offender to state prison. Felony offenses are incredibly severe because they involve the potential for death or serious bodily harm to another.  How Will a Criminal Defense Lawyer Help My Case? Criminal defense lawyers have to represent a person charged with a crime vigorously. A knowledgeable criminal defense lawyer in Ohio who puts the client’s needs first will design a defense consistent with the accused’s best interests. A criminal defense attorney with significant experience will advocate for their client by arguing to reduce or dismiss the charges, negotiating a favorable result, or fighting the case at trial.  Is Hiring a Criminal Defense Lawyer Worth It? Occasionally people try to represent themselves in court. The result could be disastrous. Even though self-representation is a right, it is not advisable. Having an attorney who understands the Ohio criminal justice system’s nuances could help you either avoid a conviction altogether or receive a reduction in penalties.  The public defender in Ohio can accept cases when the accused cannot afford a lawyer and the court finds the person indigent. Public defenders are commonly overworked and have access to meager resources. You might not receive the attention or dedication you deserve from the public defender’s office if you qualify for counsel.  By hiring a superb Ohio criminal defense lawyer with a reputation for excellence, you will have access to resources and have attorneys dedicated to serving you. Our Ohio Criminal Defense Lawyers Have Answers To Any Questions You Have We design our average criminal defense attorney fees with our clients’ best interests at heart. At Gounaris Abboud, our criminal defense lawyers have over 50 years of combined legal experience fighting in Ohio courts. As former prosecutors, they can anticipate the state’s strategy and create a strong defense. Call 937-222-1515 today to speak with our Ohio criminal defense lawyers during a free and strictly confidential consultation.

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resisting arrest charge

Resisting arrest, also known as obstruction, can result in significant consequences. If you face resisting arrest charges, you are in need of an experienced criminal defense attorney to help you fight for your rights.  What Is Resisting Arrest? In Ohio, it is illegal to resist or interfere with a police officer’s ability to make a lawful arrest. Prosecutors can charge resisting arrest as a misdemeanor or a felony, depending on the circumstances of the case. An individual who runs or hides from a law enforcement officer will likely be charged with a misdemeanor offense, while more aggressive forms of resistance, such as violent or threatening behavior, will likely result in felony resisting arrest charges.  Proving Resisting Arrest Charges  To convict a defendant accused of resisting arrest, the prosecutor must establish that they intentionally attempted to prevent law enforcement officers from completing a lawful arrest. The prosecutor must produce evidence of the defendant’s resistance. For example, they could show that the defendant ran and/or hid from officers or otherwise prevented the arrest. Prosecutors must also prove that the arrest was lawful.  Punishment for Resisting Arrest in Ohio If you are charged with resisting arrest, the penalty in Ohio will depend on the specific facts of your case and the specific charge. The penalty for resisting arrest increases if the charges include violence against the officers or the use of a weapon.  A misdemeanor resisting arrest charge is punishable by up to 180 days in jail and/or fines of up to $1,000. A felony resisting arrest conviction can result in 6 to 18 months in prison and/or fines of up to $5,000.  Possible Defenses  If you were charged with resisting arrest in Ohio, you may be able to defend against the charges. Self-defense and unlawful arrest are possible defenses to resisting arrest.  Self-Defense  If the arresting officer used an unreasonable amount of force in attempting the arrest, you may be able to claim self-defense. Police officers are generally allowed to use a reasonable amount of force, if necessary, to accomplish an arrest. If you can prove the officer used force unjustifiably, you may be able to demonstrate that your resistance was necessary to defend yourself.  Unlawful Arrest  It is illegal to resist lawful arrest. If you can prove that the attempted arrest was invalid, e.g., lacked a warrant or probable cause, you may be able to defend against a resisting arrest charge.  How We Can Help  Gounaris Abboud, LPA, is committed to representing the legal needs of Ohio residents. Our attorneys strive to provide bold and courageous representation across a wide range of cases, including criminal defense, family law, and personal injury matters. Our attorneys bring significant experience and expertise to our cases and approach each client with dedication and respect. Contact us today or call 937-222-1515 for a free case analysis. Our attorneys will talk through the facts of your case with you and will do our best to represent you. 

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is embezzlement a felony

In Ohio, the charges and penalties for embezzlement depend on the value of the stolen property. If you or someone you know was charged with embezzlement, it is vital to speak with an experienced embezzlement attorney as soon as possible to determine what you should do next.  What Is Embezzlement? Essentially, embezzlement is theft. What differentiates embezzlement from other kinds of theft is the relationship between the person who steals and the property stolen. The relevant relationship is one of entrustment, meaning that the person is entrusted with monitoring or managing property for someone else. The relationship is not one of ownership. For example, a bank teller is entrusted with the money in bank accounts belonging to bank clients. If the teller steals money from the bank, they could be charged with embezzlement. Is embezzlement a felony? The specific charge depends on the facts of the case.  Charges You Face Following the structure of Ohio’s theft statute, embezzlement is charged according to the value of the property stolen. If the stolen property is worth less than $1,000, the charge is a misdemeanor in the first degree. Embezzlement of property worth more than $1,000 is a felony offense. If you were arrested for embezzlement in Ohio, you should consult with an experienced attorney to determine the specific charges you face. Embezzlement felonies and misdemeanors are serious charges.  Embezzlement Penalties in Ohio The penalties for an embezzlement conviction in Ohio depends on the nature of the charge. Jail time for embezzlement is common. Potential sentences for embezzlement are: For property valued less than $1,000, up to 180 days in jail and/or fines up to $1,000; For property valued between $1,000 and $7,500, up to one year in jail and/or fines up to $2,000; For property valued between $7,500 and $150,000, up to 18 months in prison and/or fines up to $5,000; For property valued between $150,000 and $750,000, up to 36 months in prison and/or fines up to $10,000; and  For property valued between $750,000 and $1,500,000, up to 11 years in prison and/or fines up to $20,000.  Penalties associated with embezzlement can also differ depending on the type of property stolen. Embezzling firearms or dangerous ordinances is punishable by up to 36 months in prison and/or fines of up to $10,000. Embezzlement of motor vehicles, dangerous drugs, police dogs or horses, and anhydrous ammonia also carries specific penalties.  Possible Defenses If you were arrested for embezzlement, it is important to speak with an experienced embezzlement attorney to discuss possible defenses to your charge. Defenses to embezzlement are: The evidence is not sufficient to support the charge; You committed the crime under duress; or  You didn’t have the necessary intent to commit the crime.  Although not technically a defense, the passage of too much time may bar an embezzlement charge. The statute of limitations for an embezzlement charge is six years from the date the alleged embezzlement occurred or  could have been discovered.  How We Can Help  The attorneys at Gounaris Abboud, LPA, are dedicated to providing high-quality legal services to the citizens of Ohio. We represent clients in a variety of legal matters, including criminal defense, family law, and personal injury. Contact us today, by email or by calling 937-222-1515, for a free case analysis. We will walk you through your case, step by step, and discuss your options.

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