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Trusted Domestic Violence Lawyer in Ohio

According to Ohio Revised Code 2919.25, domestic violence is the act of:

  • Knowingly causing or attempting to cause physical harm to a family or household member; or
  • Knowingly causing serious bodily harm to such a person; or
  • By threat of force, knowingly causing a family or household member to believe that the offender will cause imminent physical damage.

Domestic violence is more complex compared to other areas of criminal law; accusations are often based on hearsay or various interpretations of the facts. Ohio domestic violence laws recognize several forms of domestic violence, including sexual assault, kicking, choking, pushing, throwing, physical restraint, harmful touching, and more. It’s treated very seriously, with penalties ranging from jail time and fines to restraining orders and mandatory therapy. Domestic violence charges can carry massive repercussions, impacting not only your legal standing but also your personal and professional life. At Jay Perez Law, we understand the sensitive nature of domestic violence cases and work diligently to defend your rights while protecting your future.

Our domestic violence attorneys in Columbus, Ohio, provide legal assistance for the following charges:

  • Domestic Assault
  • Assault (including domestic-related assault charges)
  • Sexual Battery
  • Stalking/Menacing by Stalking
  • Protection Order Violations
  • False Accusations
  • Rape
  • Negotiation & Plea Bargains
  • And More

At Jay Perez Law, our legal team provides compassionate and experienced representation, ensuring that every case is handled with care. Whether you face accusations from a misunderstanding or a more complex situation, we are committed to building a solid defense tailored to your unique circumstances. Our domestic violence lawyers in Ohio will guide you through every step of the legal process, offering support and expertise to help you make informed decisions. Reach out to us and discover how we can provide you with a critical inside edge when handling domestic violence defense cases.

Ohio Domestic Violence Sentencing Guidelines

Each domestic violence case will result in different penalties and may result in mandatory prison sentences. To help your case, it’s wise to study and understand the sentencing guidelines for domestic violence charges. The state of Ohio acknowledges various types of domestic violence, such as recklessly or knowingly inflicting physical harm on an individual. Additionally, Ohio law also recognizes the threat of violence as a form of domestic violence. The following sentencing guidelines on both a federal and state level can change depending on the severity of the crime, prior offenses, and many other factors: 

Federal

For Ohio’s criminal cases acknowledged in federal court, the United States Federal Sentencing Guidelines apply to people convicted of felonies and Class A misdemeanors. These guidelines determine sentencing based on two main factors: the severity of the offense and the defendant’s prior criminal history. The guidelines feature 43 offense levels and 6 criminal history categories, divided into 4 sentencing zones that determine the length of incarceration. Combining your domestic violence-related offense level and criminal history will place your case in one of these zones. Guidelines can also be adjusted due to the court instigating departures, increasing or decreasing the sentence, or other factors.

Federal law is very complex; convictions typically result in severe consequences and lengthy incarceration times. Without a professional attorney by your side, it’s challenging to understand federal law for domestic violence charges thoroughly. Jay Perez Law’s team has over 20 years of experience representing domestic violence cases—and we’ve been trusted to get the best possible outcome for our clients. Our domestic violence attorneys in Columbus, Ohio, are diligent, empathetic, and attentive to your needs. We are experts at navigating the intricacies of the federal legal system. Contact Jay Perez Law for professional and effective representation of your case.

Ohio

On a state level, Ohio categorizes misdemeanors into 5 levels: M1, M2, M3, M4, and MM, with M1 being the most serious and MM (Minor Misdemeanor) being the least. 

Misdemeanor Level                  Jail Time    Maximum Fine

M1

Up to 180 days

$1,000

M2

Up to 90 days

$750

M3

Up to 60 days

$500

M4

Up to 30 days

$250

MM

None

$150

Felony offenses are also categorized into 5 levels: F1, F2, F3, F4, and F5. First-degree felonies (F1) have the most life-altering penalties, while fifth-degree felonies (F5) are the least serious. 

Felony Level    Prison Time   Maximum Fine

F1

3-11 years

$20,000

F2

2-8 years

$15,000

F3

12-60 months** or 9-36 months

$10,000

F4

6-18 months

$5,000

F5

6-12 months

$2,500

**Longer sentence range applies to aggravated vehicular homicide and assaults, sexual battery, gross sexual imposition, sex with a minor, and robbery and burglary with two or more separate aggravated or non-aggravated robberies or burglaries, as well as certain F-3 drug offenses.

For both misdemeanors and felonies, several circumstances can affect the final sentence. Working with a domestic violence lawyer who understands your case and provides effective representation in court is crucial. Our domestic violence attorneys in Columbus, Ohio, are well-versed in the intricacies of federal and state law, and we strive to ensure that your voice is heard in court. Contact attentive attorneys who are dedicated, knowledgeable, and available 24/7 to offer support.

FAQs About Domestic Violence Charges in Ohio

What classifies as domestic violence in Ohio?

In Ohio, domestic violence is defined under Ohio Revised Code § 2919.25 and generally involves violent, threatening, or coercive behavior committed against a family or household member. A person may be charged with domestic violence if they knowingly cause or attempt to cause physical harm, recklessly cause serious bodily harm, or threaten imminent force against a qualifying individual.

Family or household members may include:

  • A current or former spouse
  • A person living as a spouse (current or former cohabiting partner)
  • A parent, child, or other relative by blood or marriage
  • A person with whom the accused shares a child

Conduct that may qualify as domestic violence includes:

  • Physical assault or attempted physical harm
  • Threats of violence or intimidation
  • Violating a protection or restraining order
  • Acts that result in fear of imminent serious harm

Domestic violence charges in Ohio can be filed as misdemeanors or felonies, depending on the severity of the alleged conduct, prior convictions, and whether injuries or weapons were involved. Because these cases often overlap with assault or related criminal charges, the consequences can be severe and long-lasting.

How can you beat a domestic violence charge in Ohio?

Successfully defending against a domestic violence charge in Ohio depends on the specific facts of the case, the credibility of the allegations, and how the evidence was gathered. 

Common defense strategies employed by a domestic violence attorney in Columbus, Ohio, may include:

  • Self-Defense: A domestic violence charge may be challenged by showing the accused acted in lawful self-defense. Ohio law permits individuals to use reasonable force to protect themselves from imminent harm, provided the response is proportionate to the threat.
  • Lack of Intent: Domestic violence charges require proof of intent or reckless conduct. If the alleged harm was accidental or unintentional, the prosecution may be unable to meet its burden of proof.
  • Endangering Children: In cases involving alleged child endangerment, the defense may focus on demonstrating that no child was placed at risk or that the accusations are unsupported by evidence or misapplied under Ohio law.
  • Defense of Others: Ohio law permits the use of reasonable force to protect another person from immediate danger. If the accused acted to prevent harm to a child, family member, or household member, this may provide a valid defense.
  • False Allegations: Some domestic violence cases arise from false or exaggerated allegations, often during emotionally charged situations such as divorces or custody disputes. A defense may involve exposing inconsistencies, motives to fabricate, or a lack of corroborating evidence.

Is a domestic violence charge a felony in Ohio?

In Ohio, a domestic violence charge can be either a misdemeanor or a felony, depending on the circumstances of the case and the accused person’s criminal history.

  • A first-time domestic violence offense is typically charged as a first-degree misdemeanor, which may carry penalties such as jail time, fines, probation, and mandatory counseling.
  • A domestic violence charge may be elevated to a felony if the accused has prior domestic violence convictions, if the alleged victim sustained serious physical harm, or if certain aggravating factors are present.
  • Felony domestic violence charges can result in significant prison time, higher fines, long-term protection orders, and the permanent loss of firearm rights.

Because the classification depends on factors such as prior offenses and the severity of the alleged conduct, it is essential to have a domestic violence attorney in Columbus, Ohio, review the specific details of the case as early as possible.

What is the domestic violence statute of limitations in Ohio?

In Ohio, the statute of limitations for domestic violence depends on the charge level. Misdemeanor domestic violence generally must be filed within two years, while felony domestic violence charges typically must be filed within six years. The exact deadline may vary depending on the specific circumstances of the case.

Ohio’s Dedicated Domestic Violence Attorneys 

If you’re facing severe domestic violence charges, it’s crucial to have a skilled domestic violence attorney in Ohio who understands the complexities of your case. Jay Perez Law is committed to providing you with a robust defense, safeguarding your rights, and guiding you through the legal system with confidence. Don’t leave your future to chance—reach out to us today for a consultation, and let us start building a solid defense on your behalf.