Dissolution of Marriage in Ohio

In Ohio, the dissolution of marriage is a quick and efficient way to end a marriage. For many couples, dissolution is a desirable alternative to a contentious divorce proceeding. Like a divorce, dissolution terminates the legal contract of marriage. However, if the parties can agree on all terms of their separation, they can avoid going to court. Instead, by filing jointly for dissolution, a couple can avoid much of the time, hassle, and expense of the traditional divorce process. If you think that dissolution is a possible solution for your divorce, contact our divorce lawyers in Dayton, Ohio today. We will discuss the specifics of your situation and advise you on the most advantageous legal move. OHIO DISSOLUTION OF MARRIAGE FAQ What Does It Mean to Get a Dissolution of Marriage in Ohio? The result of an Ohio dissolution is the termination of the legal status of wedlock. Getting a divorce leads to the same outcome, but the path is not nearly as smooth. In both divorce and dissolution, the law recognizes that a marriage once existed but no longer does. In contrast, an annulment declares that a marriage was invalid and, as a result, the marriage never existed. The primary difference between divorce and dissolution is a fault. Dissolution is a no-fault solution in that the parties are not required to cite grounds for the separation. In a divorce proceeding, one party cites grounds against the other as the reason for their breakup. OHIO DISSOLUTION OF MARRIAGE FAQ Who Should Seek an Ohio Dissolution? A dissolution is an option only for those couples who can successfully negotiate the terms of their separation in advance. They must also file their petition for dissolution jointly. If the parties cannot meet these objectives, their only alternative is to file for divorce. OHIO DISSOLUTION OF MARRIAGE FAQ How Do You Get a Dissolution of Marriage? Before filing for dissolution, the parties must voluntarily negotiate and enter into a written separation agreement. The separation agreement typically addresses: How financial assets and personal property will be divided; The amount and duration of any spousal support; Allocation of parental rights; Child custody arrangements; The amount and duration of any child support; and The disposition of any joint debts. The separation agreement may also address any other outstanding or material issues of the marriage. Once the parties execute the separation agreement, they must file it with their county’s domestic relations court. At the same time, they must file a petition of dissolution along with full financial disclosure. The court will schedule a hearing at which both parties will testify to their agreement with the dissolution filing. To get a dissolution in Ohio, you must have been a state resident for at least six months. You must also have been a county resident for 90 days before you file. Finally, you must have been separated from your spouse for 30 days prior to filing your petition for dissolution. OHIO DISSOLUTION OF MARRIAGE FAQ How Long Does It Take for Dissolution in Ohio? Once you file your separation agreement and petition for dissolution, the county must schedule your hearing for at least 30 days but not more than 90 days from the filing date. If the hearing judge agrees with the terms of your filing, the court will enter a judgment for dissolution immediately. Should You Talk to an Ohio Dissolution Attorney? Ohio does not require you to be represented by an attorney to file for dissolution. However, consulting with an attorney helps ensure that your interests are protected. Gounaris Abboud, LPA provides compassionate representation for all Ohio family law matters, including divorce and marriage dissolution. To learn more, or to schedule a consultation, contact us online today, or by calling 937-222-1515.

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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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  • January 18, 2020
  • OVI
OVI Expungement in Ohio

Your Questions About Ohio OVI Expungement Answered In Ohio, OVI expungement refers to having a drunk driving conviction removed from your record. Unfortunately, our state laws do not allow you to have a DUI or OVI expunged or sealed. In fact, your conviction will remain a matter of public record permanently. An Ohio criminal defense lawyer can assist you in getting other misdemeanor or felony offenses expunged. However, once you are convicted of operating a vehicle under the influence of drugs or alcohol, you must live with the consequences. That being said, a DUI defense lawyer can perhaps lower or eliminate a DUI charge. Contact one of our attorneys today for a free legal consultation. OHIO OVI EXPUNGEMENT FAQ Is It Possible to Get an OVI Expunged? Ohio law specifically prohibits the expungement of a DUI or OVI. The law also prohibits you from having any type of traffic offense expunged. The only way you can clear these matters from your criminal record is to have them overturned in court. Otherwise, you will battle the stigma and economic hardship of an OVI indefinitely. If you get arrested and go to trial for DUI, this also becomes a matter of public record. However, if the court dismisses your case or if you win at trial, you can have this information sealed quickly and affordably. OHIO OVI EXPUNGEMENT FAQ What Is the Ohio OVI Expungement Process? Because you cannot get an OVI expunged in Ohio, there is no process per se. In other words, the only real way to keep an OVI off your record is to fight the charges. Having an experienced Ohio OVI defense attorney to assist you provides several key advantages. If you are convicted of DUI, however, you remain eligible to have other criminal convictions expunged, thanks to a recent change in Ohio law. Previously, Ohio law precluded those convicted of OVI from having any criminal convictions expunged – even those unrelated to the OVI charge. But under the new law, as long as you have only one OVI conviction on your record, you can apply to the court for the expungement of one eligible felony or misdemeanor offense. OHIO OVI EXPUNGEMENT FAQ How Can a DUI Expungement Lawyer Help? The key to avoiding a DUI or OVI offense on your record is to avoid conviction. If you are arrested and charged with drunk or impaired driving, contact an attorney immediately. An experienced criminal defense attorney has multiple options for defending you against DUI charges. Your lawyer will also schedule your Ohio Bureau of Motor Vehicle hearing to appeal the suspension of your driver’s license. Your legal team will handle every aspect of your case and fight for your future. Even if you believe the prosecutor has a strong case, an experienced attorney understands how to build a persuasive defense on your behalf. Fighting these charges may give you the best chance of keeping your record clean. OHIO OVI EXPUNGEMENT FAQ Talk to an Ohio DUI Lawyer Today Do not put your future at risk by accepting a plea offer or providing a statement to the police or prosecutor. Take advantage of the complimentary consultation offered by Gounaris Abboud, LPA. Over the years, we have helped hundreds of clients avoid DUI convictions by getting their charges reduced or dismissed. With more than 50 years of combined experience, we understand the importance of building a strong case. We help you explore your options and, together, craft a compelling strategy for your case. To schedule your no-cost, no-obligation consultation and case review, contact us today, or call us at 937-222-1515.

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Your Driving Under Suspension in Ohio Questions Answered If you get caught for driving with a suspended driver’s license in Ohio, you could face jail time and hefty fines. The penalties you face will depend on the reason the court originally suspended your license. If you are convicted of driving under suspension (DUS), you could also face an even longer suspension of your license. What Is the Penalty for Driving with a Suspended License in Ohio? In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also: Impound your license plates, Immobilize your vehicle, or Order you to perform community service. If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle. Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently. What Are the Possible Reasons for Driver License Suspension in Ohio? You can lose your driver license in Ohio for reasons that include: OVI/DUI conviction, Reckless operation of a vehicle, Lack of registration or insurance, Default on your child support, and Excessive traffic violations. If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license. One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended. You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal. Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer. How a Criminal Defense Lawyer Can Help with Ohio DUS Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical. Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success. Talk to a Lawyer for Help if You Were Arrested for Driving Under Suspension in Ohio If you face charges in Ohio for driving under suspension, contact a criminal or DUI defense lawyer as soon as possible. Your attorney can ensure you understand your options and help you make the best choice for your future. In Ohio, Gounaris Abboud, LPA helps clients fight to regain and keep their driving privileges. With more than five decades of experience, we can assist you with even the most challenging of criminal matters, including DUS charges. Contact us today, or call us at 937-222-1515.

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  • January 03, 2020
  • OVI
Is an OVI a Felony In Ohio

For those arrested for OVI (operating a vehicle impaired) in Ohio, the charges against them are often confusing.  Is an OVI a felony in Ohio? That depends. OVI is often a misdemeanor, but it may become a felony in certain situations. Whether you are facing a misdemeanor or a felony OVI charge, contact an Ohio defense attorney. A lawyer will help protect your rights. IS AN OVI A FELONY IN OHIO FAQ When Is an OVI a Felony? OVI is a felony when the accused has committed prior OVI offenses. Whether OVI is a felony depends on the number of prior offenses and the time in which they occurred. Under Ohio OVI laws, a felony OVI may result when the defendant received: Three or four OVI convictions in the last 10 years, Five or more OVI convictions in the last 20 years, or A prior felony OVI at any time. Felony OVIs are third-degree felonies or fourth-degree felonies. An OVI is a third-degree felony in the last situation where the defendant has one prior felony OVI. The OVI is a fourth-degree felony when the OVI falls under one of the first two categories listed above. IS AN OVI A FELONY IN OHIO FAQ What Are the Penalties for a Felony OVI In Ohio? The penalty depends in part on the degree of the felony; several penalties apply to every felony OVI. First-Time Felony OVI Penalties For a first-time felony OVI, Ohio requires mandatory penalties that include: A minimum $1,350 fine, A minimum 60-day or 120-day jail or prison sentence (depending on the substance you used and how much was in your system), A minimum three-year license suspension, Vehicle forfeiture, and Required participation in drug or alcohol treatment. The $1,350 fine is the smallest fine that the court may impose. The court can instead impose up to the maximum fine of $10,500. Similarly, the court has the discretion to order a prison sentence above the minimum of up to 30 months. If you had five or more OVI convictions in the past 20 years, the court can put you in prison for up to five years. The court could also impose a lifelong license suspension. Need to Speak With a Defense Attorney? Were you recently charged with an OVI? If you were recently charged with an OVI text us the details   Text Us on Mobile For Free Case Analysis Second Felony OVI Penalties These mandatory penalties are mostly the same for a second felony OVI conviction. One exception is that the mandatory sentence must be served in prison; there is not an option for the court to order jail time instead. Additionally, the court can impose a prison sentence up to five years, regardless of how many prior convictions you had or when they occurred. IS AN OVI A FELONY IN OHIO FAQ What Are the Defenses to a Felony OVI? The defenses available in misdemeanor cases are also available for felony OVIs. Constitutional Violations A defendant may argue that the police violated their Fourth or Fifth Amendment rights.  A Fourth Amendment violation may result if the police conduct an invalid stop or arrest. A Fourth Amendment violation might occur when the police stop a car without reasonable suspicion that an offense has been committed. The police also need probable cause to believe that the driver was under the influence to make an arrest. A Fifth Amendment violation occurs when the police do not read the accused their Miranda rights. A defendant must first hear their Miranda rights before they can be questioned in police custody. Miranda rights include the right to an attorney and the right to remain silent. A Fourth or Fifth Amendment violation will not result in having the case dismissed. However, a violation may lead to the court suppressing evidence that police obtained as a result of the violation. This means that the court will not allow the prosecution to show the evidence in a trial. Factual Challenges The defense may argue that the state cannot prove OVI beyond a reasonable doubt. This might work, for example, where there is not enough evidence of intoxication. The defense might also argue that the defendant was not operating a vehicle as alleged. The defendant might challenge the field sobriety test or the chemical test. A chemical test measures the defendant’s blood alcohol content administered by the police. The defense can challenge these tests for: Testing errors,  Improper collection, and  Improper preservation of the sample. Also, the police must take the sample within three hours of operating the vehicle. If the officers do not do so, results may not show the defendant was intoxicated. IS AN OVI A FELONY IN OHIO FAQ What Will Happen in Court for a Felony OVI? When someone is charged with a felony, they first have an initial appearance before the court, where the court will explain the defendant’s rights. The court will also set bonds and other conditions on the defendant’s release if any. Next, the court holds a preliminary hearing, where it decides whether there is probable cause to bind over the defendant, i.e., move forward with the case. If the court finds probable cause, then a grand jury hears the case and decides whether to indict the felony. Indictment means that the defendant is charged with the felony OVI. If indicted, the defendant will have their first formal appearance in court, called an arraignment. At this time, the defendant will enter a plea of guilty or not guilty. Next, the parties will try to resolve the charges before trial. If the parties cannot reach a plea bargain, the case will move to a trial. IS AN OVI A FELONY IN OHIO FAQ When Should I Contact a Lawyer? Felony OVI is a serious charge with serious consequences.  To protect your freedom and avoid hefty fines, contact an experienced OVI defense lawyer immediately. At Gounaris Abboud, LPA, we have over 50 years of collective experience. Our lawyers provide our clients with a...

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assault in ohio

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

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Ohio Theft Laws

Your Questions About Ohio Theft Laws Answered Ohio theft law involves two general questions: Has a theft occurred, and if so, what penalty might apply? Because theft is a crime in Ohio, committing theft can lead to criminal penalties. These can include a fine, jail or prison time, or both. Contact an experienced defense attorney if you face a theft charge in Ohio. A defense attorney can help you understand the charges against you, potential penalties, and defense strategies. OHIO THEFT LAWS FAQ Did a Theft Crime Occur Under Ohio Theft Laws? First, it is important to understand what conduct is considered theft under Ohio’s theft law. Ohio theft law makes it a crime to knowingly obtain or exert control over another person’s property or services by unlawful means. Taking another’s property is unlawful when it is: Without the owner’s consent; Beyond the scope of the owner’s permission; By deception; By threat; or By intimidation Also, the Ohio theft law requires that the person take the property or service with the intent to permanently deprive the owner of that property or service. For example, it is not theft to take another person’s bicycle without their permission if you intend to return it after a short ride around the block. It is theft, however, to take the bike intending to ride off and never return. If a person unlawfully takes the property of another with the intent to deprive the owner of that property permanently, then that person committed a theft. OHIO THEFT LAWS FAQ What Criminal Penalties Apply Under Ohio Theft Laws? If a theft occurred, the next question to ask is, what penalties might apply upon conviction? The penalties that apply depend on the seriousness of the theft. The least serious class of theft is petty theft which is classified as a misdemeanor. More serious theft offenses are felony offenses. Ohio’s theft laws classify theft as petty theft or felony theft based on the value of the property or services stolen. The type of property can also determine the class of the offense. Ohio’s theft laws supply criminal penalties for each type of petty and felony theft offense. In general, the more serious the theft offense, the more severe the penalty. PETTY THEFT OHIO FAQ Ohio Petty Theft Laws Ohio theft laws outline when theft qualifies as petty theft. Petty theft occurs when the value of the property stolen is less than $1,000. Ohio petty theft laws make petty theft a misdemeanor offense. Petty theft in Ohio is punishable by a maximum fine of $1,000 and up to 180 days in jail.  FELONY THEFT OHIO FAQ Ohio Felony Theft Laws In Ohio, theft is a felony if the value of the property stolen is more than $1,000. Felony theft can be in the first, second, third, fourth, or fifth degree. The least severe penalties apply to fifth-degree felony theft, which is the least serious type of felony theft offense. First-degree felony theft is the most serious type of theft offense, and it carries the most severe punishment. Fifth-Degree Felony Theft Theft is a fifth-degree felony when the value of the stolen property or services is between $1,000 and $7,500. Theft is also a fifth-degree felony when the property taken is: A negotiable instrument, such as a credit card, debit card, or check, or A vehicle license plate or temporary placard, a blank vehicle title form, or a blank driver’s license form. Fifth-degree felony theft is punishable by a fine up to $2,500 and a prison sentence between six and 12 months. Fourth-Degree Felony Theft (Grand Theft) What is the penalty for grand theft in Ohio? Theft is a fourth-degree felony, also called grand theft, when the value of the property or services have taken between $7,500 and $150,000. Grand theft also results when the stolen property is a: Motor vehicle or Dangerous drug The penalty for grand theft includes a fine of up to $5,000 and a prison sentence between six and 18 months. Third-Degree Felony Theft (Aggravated Theft) Third-degree felony theft is theft of property that is worth more than $150,000 but less than $750,000. The theft is also a third-degree felony offense when the property was stolen is a: Firearm or Anhydrous ammonia. Penalties for third-degree felony theft include a maximum fine of $10,000 and between one and five years in prison. Second-Degree Felony Theft (Aggravated Theft) Second-degree felony theft results when the value of the stolen property is between $750,000 and $1,500,000. Felony theft in the second degree is punishable by a fine up to $15,000 and a minimum prison sentence between two and eight years. First-Degree Felony Theft (Aggravated Theft) When property or services have taken are worth more than $1,500,000, the theft is a first-degree felony. Criminal penalties for felony theft of the first degree include a fine up to $20,000 and a minimum prison sentence between three and 11 years. OHIO THEFT LAW FAQ Facing Theft Charges in Ohio? Contact a Defense Lawyer at Gounaris Abboud, LPA If you are facing a theft crime charge, your next step is to seek help from an experienced defense lawyer. At Gounaris Abboud, LPA, our job is to protect your rights. The theft crimes defense lawyers at Gounaris Abboud can help you understand the charges you face and explain how to present your best defense. To learn more about how the defense lawyers at Gounaris Abboud, LPA, can protect you, contact our office today at (937) 222-1515 to schedule a free initial case evaluation.

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High-Tier-OVI-in-Ohio

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

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ohio felony sentencing

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

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  • November 07, 2019
  • OVI
what happens if you refuse a breathalyzer in ohio

Refusing a Breathalyzer in Ohio Laws One look at Ohio’s statute on Operating a Vehicle Impaired (OVI), and you’ll know that getting pulled over for drunk driving is a big deal. If convicted for even a first-time offense, you face jail time and a driver’s license suspension. If your blood alcohol content was .08% or above, mandatory minimum sentencing kicks in. This means that you’ll spend anywhere from 72 hours to six days in jail. There are also fines, court fees, the costs of taking an alcohol abuse course, and license reinstatement expenses, so you’re looking at losing thousands of dollars. Based on these penalties, you may think that refusing a breathalyzer in Ohio is a good idea. In truth, declining the chemical test is not a wise move. Some answers to these common questions may help you understand the key issues. What does implied consent mean? In Ohio, you consent to a chemical test to measure your blood alcohol content (BAC) when asked by police. The test may be through samples of your breath, blood, or urine, but the breathalyzer is the most common. If you refuse the breathalyzer in Ohio, the penalties can be severe. When can officers request me to take a breath test? Police can ask you to take a chemical test after you’ve been arrested for drunk driving. You must be under arrest before the police can make the request. If they ask you to take a portable breath test at the scene, you’re within your rights to refuse to blow. These devices are often inaccurate and are usually not administered by a specially trained law enforcement officer, so the results cannot be used as evidence. What are the penalties if I refuse to blow? The first time you refuse a breathalyzer test, you’ll get a one-year driver’s license suspension. Per Ohio’s DUI laws, the punishment increases with subsequent offenses. Therefore: A second refusal could lead to a two-year suspension of your driving privileges; License suspension for three years for a third refusal; and, A five-year suspension applies for more offenses. What happens to the DUI charges against me? Refusal to blow is a separate offense from drunk driving, so you could be sentenced to the above punishment regardless of the outcome in our DUI case. Are there any defenses to OVI refusal to blow? The details vary according to your circumstances, but you may have grounds to fight the charges. One of the more common defenses is that the police officer didn’t tell you your rights about refusal to blow. Set Up a Consultation with an Ohio OVI/DUI Lawyer Right Away If you have more questions about refusing a breathalyzer in Ohio, please contact Gounaris Abboud, LPA today. Our OVI lawyers can schedule a case evaluation to review your circumstances and determine the best strategy for defending your rights.

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