child molestation charges ohio

Ohio prosecutors and judges take child molestation accusations very seriously. If someone has accused you of child molestation or unlawful sexual conduct with a minor, you should contact an attorney as soon as possible. If you are convicted, you could face jail time for child molestation charges. Here, our sex crimes lawyers will discuss some of the potential consequences of a child molestation conviction in Ohio. Child Molestation Definition Ohio law defines a number of sex crimes, including rape and sexual battery, as child molestation or childhood sexual abuse when someone commits these crimes against a child who is under eighteen years old or against someone with a developmental disability or physical impairment who is under twenty-one years old. State statutes identify multiple acts committed against children as child molestation. A few of these specific acts include: Compelling another person to engage in sexual conduct by force or threat of force; Coercing another person to engage in sexual conduct by any means that would prevent resistance by a person of ordinary resolution; and Substantially impairing someone’s resistance by administering any intoxicant in order to engage in sexual conduct with that person. In addition, forced or offensive sexual conduct is child molestation when it takes place within the context of certain relationships in which one party is under eighteen or under twenty-one and has a disability. Such relationships include relationships in which the actor is: The parent or guardian of the victim; A teacher, administrator or coach at a school or higher education institution that the victim attends; A coach, instructor, or leader of a scouting troop of which the victim is a member; A mental health professional who has the victim as a client or patient; or A cleric serving a congregation of which the victim is a member. This is not a complete list of the types of relationships that can give rise to childhood sexual abuse charges.  Finally, the age of sexual consent in Ohio is sixteen. This means that a person who is under sixteen years old is not considered legally able to consent to sexual activity. It is considered statutory rape for an adult to engage in sexual activity with a person who is less than sixteen years of age. What Charges Can You Face for Child Molestation in Ohio? Jail time for child molestation charges in Ohio varies depending on the specific sex crime committed. For example, compelling sexual contact with or by a minor—known as gross sexual imposition—is a fourth degree felony. If the minor is less than thirteen years old or the actor impairs the minor’s judgment by using a controlled substance, gross sexual imposition is a third-degree felony. Jail time for fourth degree felonies ranges between six and 18 months. For a third degree felony, a judge may give a sentence of 1 to 5 years in jail. A rape charge is a first degree felony and carries more severe penalties. A first degree felony is punishable by up to ten years in jail and a fine of up to $20,000.  Do You Have to Register as a Sex Offender If Convicted? Anyone who is convicted and sentenced to jail time or confinement for any of the sex crimes that constitute child molestation must register with the sheriff of the county in which they were convicted. Further registration requirements apply after a convicted offender has completed their prison sentence.  Offenders must register with the sheriff in any county where they work or attend school. Registration requirements are lifelong and do not expire with time. Ohio currently has an offense-based registration system. This type of system does not specify whether an offender poses a risk of repeat offenses. Possible Defenses There are some defenses that a knowledgeable lawyer may use to help you defend yourself against child molestation allegations. Romeo and Juliet Law Also known as a close-in-age exception, this law is designed to protect young couples who are close in age and are engaged in a consensual relationship that could technically classify as unlawful sexual conduct with a minor. Consensual sex between two minors who are at least thirteen years old but younger than eighteen is not a sex crime in Ohio.  In addition, there are reduced penalties for consensual sex if the accused partner is eighteen or older and the minor partner is less than four years younger than the adult partner.  Burden of Proof The prosecution must sufficiently prove that the accused person committed the crime. If you can show that there is not enough proof to establish that you committed child molestation, then the court will find you not guilty. It is important to note that not knowing someone’s age or a mistake of age is NOT a defense to child molestation. When to Contact a Lawyer You should contact a criminal defense lawyer as soon as you are alleged to have committed an offense or questioned about a child molestation offense.  Child molestation charges can carry serious jail time and require you to register as a sex offender for the rest of your life. You should contact a lawyer before speaking to anyone else about your charges because of the seriousness of this offense.  How Long Does a Child Molestation Case Take? Each situation is different depending on the facts of the case and the specific allegations. It partially depends on the strength of the evidence the prosecution has collected. If there is very little evidence to support the charges, it is possible that the case will conclude within a shorter time. How We Can Help The attorneys at Gounaris Abboud have over fifty years of experience in criminal defense. They are knowledgeable about Ohio laws regarding sex crimes and child molestation and are ready to listen and fight for you. Contact us today by calling or texting 937-222-1515, and start discussing your defense with a skilled lawyer.

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ohio revenge porn

Laws prohibiting revenge porn are comparatively new additions to Ohio porn laws. If you have been accused of posting or distributing revenge porn, you are probably concerned about your reputation and the potential legal consequences. Knowing the law can be extremely helpful when facing these stressful allegations. Here, we will talk about everything you need to know about revenge porn in Ohio. What Is Revenge Porn? According to Ohio law, revenge porn is knowingly disseminating an image of a person with the intent to harm that person if said person: Is eighteen years of age or older; Does not consent to the dissemination of the image; Is in a state of nudity or engaged in a sexual act; and Can be identified from the image or information attached to it.  Disseminating an image often involves posting it on the internet but also includes distributing the image in any way, such as among specific individuals. The formal charge for revenge porn is nonconsensual dissemination of private sexual images. Ohio Porn Laws Pornography depicting adults is legal in Ohio as in every other state. However, Ohio porn laws prohibit pornography where the individual shown in the pornographic images, video, or other media does not consent to the distribution of their image. Images that become revenge porn often begin as images shared between consenting adult partners. There is nothing illegal about one consenting adult sending a nude or pornographic image to another consenting adult. The legal implications change if the individual receiving the images later posts them on a website without first asking the person shown in the images. This could be considered revenge porn in Ohio. Charges for Porn Crimes A first conviction for nonconsensual dissemination is a third degree misdemeanor. Third degree misdemeanor convictions can result in a sentence of up to 60 days in jail and a maximum fine of $500. If it is your second conviction for distributing revenge porn, the charge becomes a second degree misdemeanor, which could mean up to 90 days in jail and/or a fine of up to $750. If you have two or more previous convictions for revenge porn Ohio, you can be charged with a first degree misdemeanor. A first degree misdemeanor conviction allows a judge to sentence you to up to 180 days in prison and a fine of up to $1,000.  If the person accused of distributing revenge porn is under eighteen years old, and the person in the illegal pornographic images is no more than 5 years older than the distributor, the distributor will face different charges. There is also a civil cause of action for revenge porn in Ohio. A person accusing you of sharing revenge porn can sue to recover punitive damages plus court costs and attorney fees. You can face personal liability and be required to pay much more than the maximum fines imposed in a criminal proceeding. In a civil suit, a court may also grant an injunction to prevent further distribution of the images in question. Possible Defenses   There are a number of defenses available to individuals and even certain websites accused of revenge porn in Ohio. Communications Decency Act for Websites  Section 230 of the Communications Decency Act is a federal law protecting websites from liability for certain third-party content. If the website where alleged revenge porn appears is a passive forum, the site may not be liable. If the website encourages third parties to post, however, or is otherwise active in editing the material it publishes, this protection may not apply. Ohio state law provides similar protections for entities like internet providers, providers of interactive computer services, telecommunications carriers, and more. Section 230 has faced recent criticism. An executive order proposing amendments to the law is currently the subject of a lawsuit. If you are the creator or manager of a website facing revenge porn charges, you should talk to a criminal defense lawyer who is knowledgeable about the current status of Section 230. Burden of Proof In a criminal proceeding, the prosecution must present sufficient evidence to support a conviction for nonconsensual dissemination. A criminal defense attorney can weaken the prosecution’s case on a number of the necessary elements of revenge porn. For example, if there is not enough evidence to prove that the person in the pornographic images did not consent or that you posted an image with harmful intent, you may be able to avoid a conviction. Statutory Defenses Ohio porn laws do not prohibit the dissemination of otherwise pornographic images for certain purposes. If the image is part of a news report or is an artistic work, this could offer a defense. In addition, if the person shown in the image was willingly engaged in a sexual act in a place where they did not have a reasonable expectation of privacy, the image may not be considered revenge porn. An experienced attorney will be familiar with the statutory exceptions to nonconsensual dissemination. Will This Stay on My Record Forever? In Ohio, first, second, third, and fourth degree misdemeanor convictions become part of your permanent criminal record. These convictions are available as public information to many Ohio employers. A revenge porn conviction can have a lasting impact on your life and career. Eligible offenders in Ohio can have misdemeanor convictions sealed or expunged from their permanent record. Both sealing and expungement prevent future employers from seeing convictions and can offer you a fresh start. As long as the pornographic images did not depict a minor, you may be able to get your conviction expunged. Why Should I Hire a Lawyer? Aside from jail time and fines, a revenge porn conviction can result in collateral consequences. These consequences can affect your future employment prospects and damage your reputation. Speaking with a criminal defense lawyer who understands revenge porn in Ohio may help you avoid these consequences. Many of the defenses to a revenge porn charge require detailed knowledge of Ohio porn laws or federal law. You should contact a lawyer as...

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domestic violence charges jail time

Domestic violence accusations can have immediate and serious consequences. Domestic violence jail time can range from 30 days (4th degree misdemeanor) to 6 months (1st degree misdemeanor) to over a year (felony) or more depending on the circumstances. Aside from jail time, people tend to assume the worst, and domestic violence accusations can tarnish your reputation even before you have a chance to fight the charges. Knowing the law about domestic violence in Ohio can help you face the challenges that arise after a domestic violence charge. What Is Domestic Violence? According to Ohio state statutes, both actual and intended or threatened harm to a household member are considered domestic violence. In Ohio, domestic violence includes intentionally causing or attempting to cause harm to a family or household member. It also includes recklessly causing serious physical harm to a household or family member. Even actions that were not specifically intended to harm someone can be domestic violence.  Threats of physical force are also considered domestic violence if they are intended to make a household or family member believe that physical harm is imminent. A family member does not have to suffer any visible injuries to make a claim for domestic violence. Ohio law defines “family or household member” as a spouse, former spouse, partner, parent, foster parent, child, or any other relative who is residing or has resided with you. The definition also includes the natural parent of any child of whom you are the other natural parent, regardless of where they reside.  Common Domestic Violence Scenarios Domestic violence includes harmful contact such as slapping, choking, pushing, any type of hitting, and physical restraint. It can also include actions that do not result in harmful physical contact. Throwing things at a person or brandishing weapons or sharp objects to threaten someone can be considered domestic violence. How Much Time Do You Get in Jail for Domestic Violence? Domestic violence charges and jail time look different depending on the situation. If you have never been convicted or pleaded guilty to domestic violence before, you could face a first degree misdemeanor conviction for actual or attempted harm. A first time conviction for threatened harm is a fourth degree misdemeanor. The judge has the final say about sentencing, but domestic violence jail time can range between 0 to 30 days for a fourth degree misdemeanor and up to six months for a first degree misdemeanor. Both convictions may result in fines in addition to jail time. The consequences are more severe if you have a prior conviction for domestic violence. With priors, actual or attempted harm becomes a fourth degree felony and threatened harm becomes a second degree misdemeanor. A fourth degree felony conviction may result in six to 18 months of jail time. In addition, if you knew that the household member bringing the charges was pregnant at the time of the alleged incident, you can face a mandatory minimum jail sentence of six to twelve months. Finally, a domestic violence conviction in Ohio will always remain on one’s record as they are currently not offenses that are eligible to be sealed or expunged. Domestic violence charges carry serious penalties. It is important to talk to an experienced defense attorney right away if you have been charged with domestic violence. Possible Defenses There are a few defenses you can use to fight a charge and avoid domestic violence jail time. A skilled defense attorney will know which defense is best for you. Burden of Proof Criminal charges such as domestic violence require that the prosecution prove your guilt. Your attorney can defend you against a domestic violence charge by casting enough doubt on the prosecutor’s evidence. If the prosecution does not meet their burden of proof, you must be found not guilty. False Accusations Your accuser may have a reason to falsely accuse you of domestic violence. Domestic violence accusations can affect divorce proceedings and child custody and visitation rights. A spouse or partner may make a false accusation to get a certain custody outcome or a better divorce settlement. A skilled attorney may be able to help you prove that the domestic violence allegations against you are false. Self Defense   Self defense is another possible defense to domestic violence. An attorney can help you establish that you were using reasonable force to defend yourself against intentional harm from the other party. How We Can Help At Gounaris Abboud, our attorneys have combined experience of more than 50 years and a history of producing results for our clients. Our criminal defense lawyers are ready to listen to the details of your situation and advise you on your next steps. Contact us today at 937-222-1515 to discuss your case with a bold, dedicated Ohio defense attorney.

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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 charge, 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 Ohio 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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