What is a Domestic Violence Charge?
In Ohio, domestic violence is defined under Ohio Revised Code § 2919.25. It occurs when someone knowingly causes or attempts to cause physical harm to a family or household member. The law also covers threats of harm, which can result in charges even if no physical injury happens.
Enhancements to Domestic Violence Charges
- First-Degree Misdemeanor: A first-time domestic violence charge may be classified as a first-degree misdemeanor, potentially resulting in up to 180 days in jail and a fine of up to $1,000.
- Fourth-Degree Felony: If the accused has one prior domestic violence conviction, the charge can escalate to a fourth-degree felony, leading to a prison sentence of 6 to 18 months and a fine of up to $5,000.
- Third-Degree Felony: For those with two or more prior convictions, the charge may convert to a third-degree felony, carrying a possible prison sentence of 1 to 5 years and a fine of up to $10,000.
Common Defenses Against Domestic Violence Charges
1. Lack of Evidence
A strong defense can challenge the prosecution's evidence. If there's insufficient proof that the alleged act occurred, charges may be dismissed.
2. Self-Defense
In some situations, the accused might claim they acted in self-defense. Ohio law permits reasonable force to protect oneself from immediate threat.
3. False Allegations
False accusations of domestic violence can happen. If the accused can present evidence that the claims are untrue, this can significantly bolster their defense.
4. Mental Health Issues
If the accused has a documented history of mental health concerns, this can serve as a valid defense and may lead to reduced charges or alternative sentencing options.
The Importance of Legal Representation
Dealing with domestic violence charges in Ohio can feel daunting. It's crucial to consult with a skilled criminal defense attorney who knows the nuances of domestic violence laws. Call Kordalis Law Office to address these serious allegations and protect your rights.