ohio brandishing law

If you face an allegation of brandishing a weapon, you may be unclear regarding the nature of the charge, the possible defenses, penalties if convicted, and whether you need an attorney. These are all relevant concerns because Ohio brandishing law makes brandishing a crime in certain circumstances, and you need a strong defense. Is Brandishing a Firearm Illegal? Brandishing (to swing or wave) a weapon is not necessarily a crime in Ohio. Brandishing law is referenced as an add-on offense. Here is why. The primary statute in this area states that brandishing or displaying a firearm in the course of a felony is an offense. Example: Fighting and threatening can be felonies of battery and communicating threats (menacing). If you brandish a weapon during either of these violations, law enforcement will likely charge you with the initial offense plus a brandishing charge. What Are Defenses to a Brandishing a Weapon Charge? An attorney will need to review all the circumstances of a case to determine the best defense. Though defenses are not universal to every situation, here are some that defenses attorneys often use in Ohio brandishing law alleged violations. Self-Defense Suppose you were in the midst of a confrontation and charged with threatening another. Your lawyer may argue that you brandished your weapon to defend yourself or another, which is allowable by law. Lack of Intent  Inherent in brandishing charges is the idea that you are acting in a threatening manner. If you had a weapon out but were joking with a friend, cleaning it, unloading it, putting it away, etc., the lawyer may argue that you did not intend to brandish with any level of threat. Illegal Police Conduct In every criminal case, the law requires that police follow specific guidelines regarding investigations, arrests, interrogations, and more. If they violated those or other laws in the course of your case, your attorney might be able to get your charge dismissed. What Are Possible Penalties for a Conviction of Brandishing a Weapon? In Ohio, brandishing law provides a specific penalty of mandatory years added to a prison sentence. Brandishing or displaying a firearm in the course of a felony offense adds three additional years to the punishment for the initial crime. Other Firearm Charges Ohio statutes identify numerous criminal violations regarding firearms. While most do not specifically reference the term “brandishing,” they often cover having or using a firearm in various circumstances (i.e., firing a weapon, having a gun on school property, providing a gun to a minor, etc.). When you face any firearm charge, you should get a lawyer. How Do I Find a Lawyer for a Brandishing a Weapon Charge? Lawyers can accept any case they feel competent to handle. However, do your due diligence. Choose a lawyer who is: A criminal defense lawyer; Experienced in Ohio brandishing law cases; and  Available to you for a free consultation to gauge your comfort level with the lawyer. Finding an attorney with these qualities helps ensure that you have a vigorous defense to fight a brandishing a weapon charge. Gounaris Abboud, LPA: Dedicated Legal Counsel Gounaris Abboud, LPA, is a criminal defense firm, well-versed in Ohio brandishing law. We are ready to defend you in your firearms charge. We offer a free consultation and take on all levels of cases in Dayton and throughout Ohio. Contact us today or give us a call at 937-222-1515.

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When you think of reckless driving, you may imagine teens drag racing late at night on local streets. But this type of incident does not singularly represent reckless driving.  Ohio laws broadly define reckless driving, and many responsible citizens find themselves needing legal representation for a charge of reckless driving in Ohio. All drivers need to understand the law surrounding reckless driving. Ohio courts take the charges seriously, and you must as well. What Is Reckless Driving in Ohio? Some specific and essential elements create reckless driving. These are: Operating a vehicle; Willfully and wantonly; and While disregarding the safety of people or property For a conviction, the State must prove all three of these elements. First, they must prove you were driving a motorized vehicle. Next, they have to prove that you purposely drove (in a public or private area) in a reckless way. Finally, they will need to demonstrate that you did or could have injured someone or something by your actions. Make a note of this crucial additional fact: Whether your driving actually injures a person or property is not relevant to this charge. Can You Give Me an Example of Reckless Operation in Ohio? Let’s make a comparison of situations. Say you are driving and have a medical seizure. Your car veers off the road. That would not be reckless driving. Ohio law would not permit criminal charges because you were not intentionally reckless or wanton. On the other hand, if you are late for work, traveling 60 mph in a 25 mph zone, and go past a stop sign without stopping, that could be considered reckless driving in Ohio. You knew you were driving too fast, and you understand that speeding is dangerous. On top of that, no doubt running the stop sign could have led to a severe accident and injury. What Is the Difference Between Reckless Driving in Ohio and Reckless Operation in Ohio? In Ohio, the reckless operation is a term interchangeable with Ohio reckless driving—different terminology but the same offense. You can find the specific statute in the Ohio Criminal Code.  What Should I Do If the Police Charge Me with Violating Ohio Reckless Operation Laws? Once the State charges you with reckless operation, Ohio courts get involved. You have one singular and crucial step to take: Get a lawyer.  If convicted of this charge, you may face myriad outcomes. Depending on whether it is your first offense, and based on the judge’s discretion, if convicted your sentence may include: A suspended driver license, Probation, Time in jail, and Hundreds of dollars in fines. Some people minimize their charges of reckless driving. Ohio courts do not. You should have a lawyer safeguard your rights, fight to get your charges dismissed or reduced, and advocate for you in court if it comes to that.  Gounaris Abboud, LPA: The Dedicated Lawyers You Deserve With offices throughout Ohio, Gounaris Abboud, LPA, has a long history of providing exceptional legal defense services. We pride ourselves on offering one-on-one attention to every single client. You can reach us by calling 937-222-1515 or by visiting our website. At Gounaris Abboud, LPA, we are available for a free case analysis. Please reach out to us for your legal needs.

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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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ohio drug trafficking laws

Ohio, like all other states and the federal government, has enacted laws that outlaw drug trafficking. Drug trafficking and aggravated drug trafficking in Ohio are serious crimes that carry lengthy prison sentences. Police and prosecutors seek long prison terms for anyone convicted of drug trafficking in Ohio. If you were charged with drug trafficking in Ohio, you need expert legal help. In Ohio, our award-winning drug trafficking defense lawyers with Gounaris Abboud, LPA, have handled numerous criminal trials. We rely on a combined 50 years of legal experience handling complicated drug investigations to help you achieve a successful result. Drug Trafficking Ohio Drug trafficking charges receive significant prison sentences because of the intent to sell or deliver drugs. Ohio law defines trafficking in narcotics—which can include about any controlled substance or controlled substance analog—as knowingly: Selling, Offering to sell, Preparing for shipment, Shipping, Transporting, Preparing for distribution, or  Distributing. The law does not include a requirement that money must be exchanged for drug possession to qualify as trafficking. Additionally, Ohio law considers a person guilty of trafficking even if they had a mixture of an active drug and non-narcotic substance that formed a compound.  Ohio Drug Trafficking Penalties The sentencing scheme for drug trafficking in Ohio is extremely complicated. The particular sentences a person faces depend on the amount of drugs seized and the accused’s prior criminal record.  Perhaps the most significant factor that determines possible jail time is the substance seized by police. The nature of the substance determines if the charges are trafficking or aggravated trafficking. Aggravated Trafficking The police may charge aggravated trafficking when the substance seized is a Schedule I or II drug. However, aggravating trafficking excludes the following substances: Cocaine, Marijuana, LSD, Hashish,  Heroin, and Controlled substance analogs. Aggravated trafficking is a fourth-degree felony in Ohio. The maximum penalty is a jail sentence between six and 18 months. The court may assess a fine of no more than $5,000.  Other Drug Trafficking Charges Trafficking in substances defined by Schedule III, IV, or V is a fifth-degree felony. The maximum penalty is a 12-month prison term and a fine of no more than $2,500. As with aggravated trafficking, drug trafficking charges become more serious, depending on the drug’s weight, called the bulk amount. Additionally, the court may impose stricter penalties if the crime occurred near a school or a juvenile. Cocaine Trafficking Charges Trafficking in cocaine is a fifth-degree felony unless the crime occurred near a school or a juvenile. Additionally, the penalty for trafficking cocaine significantly increases depending on the weight of the drug. Penalties for cocaine trafficking range from six months to 11 years in prison and fines up to $20,000. Heroin Trafficking Heroin is a lethal drug. Consequently, Ohio state law carries significant punishments for tiny amounts of heroin. A person is guilty of heroin trafficking for 10 doses or less than one gram. Heroin trafficking of that small amount is a fifth-degree felony. The penalties can include an 11-year prison sentence and a $20,000 fine. Once again, the drug’s weight and the crime location determine the severity of the punishment. Secondary Consequences of Drug Trafficking A person convicted of drug trafficking is guilty of a felony. A felony conviction remains on the person’s criminal history. Additionally, subsequent offenders face enhanced prison sentences. The state will also suspend the person’s driver license.  A conviction for a drug trafficking crime in Ohio affects a person’s life in other ways. The person might experience difficulty finding employment or getting a college degree, or they may face immigration consequences.  How Can a Drug Trafficking Defense Help? Experienced drug trafficking defense attorneys understand how to defend those charges aggressively. The facts of the case will determine the defense strategies used. Some strategies include: Arguing motions to suppress the evidence based on constitutional violations; Arguing motions to dismiss based on lack of evidence;  Taking the case to trial because the prosecution’s evidence is weak; and Negotiating the case to a lesser charge. Working closely with your Ohio drug trafficking defense attorney will help develop the right defense strategy for you. Call Now to Learn More About Ohio Drug Trafficking Laws You need a seasoned and dedicated drug trafficking defense lawyer on your side as soon as possible. The complexity of Ohio’s drug trafficking laws requires the help of criminal defense lawyers with decades of experience and a proven track record of success.  With 50 years of combined criminal defense experience and a reputation for results, you can count on the lawyers at Gounaris Abboud, LPA. Call 937-222-1515 right now to discuss your Ohio drug trafficking case. 

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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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