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How Serious Are Domestic Violence Charges in Ohio?
Domestic violence changes can have severe consequences in Ohio. Even the least serious misdemeanor domestic violence charges carry potential jail time and fines. When the crime is a fifth, fourth, or third-degree felony, a conviction will bring mandatory prison time and additional penalties. If you are facing domestic violence charges in Ohio, speak with an experienced criminal defense attorney about the best strategy for your defense.
What Is Domestic Violence Under Ohio Law?
State law on domestic violence is found in the Ohio Revised Code Section 2919.25. It is a criminal offense involving harm or threatened harm to a family or household member. Two criteria are used to determine whether domestic violence has occurred in Ohio:
- Harm or threat of harm: The victim must have experienced harm or threat of harm. Common examples of harm in domestic violence cases include hitting, slapping, choking, kicking, stalking, harassment, assault, and threats of physical harm.
- Close relationship: The other critical aspect of domestic violence is establishing a close relationship between the individuals involved. The statute defines “family or household member” to include current or former spouses, current or former cohabitants, biological or adoptive parents and children, stepparents, stepchildren, and any other persons related by blood or marriage who reside or have resided with the offender.
How Do Plea Bargains Work?
A plea bargain is an agreement between the prosecution and the defendant. In exchange for a guilty or no contest plea, the defendant may receive a lesser charge, a reduced sentence, or other considerations. This system enables the courts to manage their caseloads more efficiently and allows the prosecution to avoid the uncertainty of a trial.
Plea bargains can benefit both the prosecution and the defense in domestic violence cases. For the prosecution, they ensure conviction without the necessity of proving the case in trial. For the defense, they can lead to less severe penalties, avoiding the risk of a harsher sentence with a trial conviction.
Can Domestic Violence Charges Be Reduced Through a Plea Bargain?
In Ohio, it is possible to reduce domestic violence charges in a plea bargain. Whether this option is available in a particular case depends on several factors, including the following:
- Severity of the offense: The degree of harm involved in the alleged incident can play a major role in plea bargaining. If domestic violence is a first-time offense or involves only minor injuries, the chances are greater that the charges can be reduced. If the case involves the use of a weapon or serious physical harm, prosecutors may pursue felony charges more aggressively and be less likely to negotiate.
- Strength of the evidence: The strength of the prosecution’s case is a key factor in whether a plea bargain is likely to occur. If a case involves conflicting witness statements, lack of physical evidence, or other weaknesses, the prosecution may be more willing to negotiate a plea bargain with a reduced charge. With solid evidence, such as medical records, video footage, or clear witness testimony, the prosecution may be less inclined to offer a favorable plea deal.
- Criminal history of the defendant: Criminal history is a significant factor in plea bargaining. When a defendant has no prior domestic violence convictions or no prior convictions at all, the prosecution may be more willing to agree to a lesser charge or a reduced sentence. If the defendant has a history of domestic violence or other violent crimes, the prosecution may pursue harsher penalties and be less open to plea negotiations.
- Victim’s input: The prosecution often considers the wishes of the alleged victim in deciding whether to offer a plea deal in domestic violence cases. While victims do not have the final say, their input can influence prosecutors’ decisions on whether charges are filed or reduced. If the victim expresses a desire for leniency or is unwilling to cooperate on the case, the prosecution may be more likely to offer a plea bargain. However, the prosecution may still pursue serious charges, despite a victim’s request for leniency, if it believes there is a public interest in doing so.
- Discretion of the prosecution: Ultimately, it comes down to the prosecutor’s discretion whether a plea bargain is offered. Some prosecutors are more open to negotiations than others, and local prosecutor’s offices may have policies that affect the likelihood of obtaining a plea deal. An experienced criminal defense attorney familiar with the local court system will have insight into the tendencies of prosecutors and how to approach negotiations.
What Are the Potential Outcomes of Plea Bargains in Domestic Violence Cases?
If your criminal defense attorney can negotiate a plea bargain in a domestic violence case, potential outcomes may include the following:
- Reduction of charges: In some cases, a domestic violence charge may be reduced to disorderly conduct, disturbing the peace, simple assault, or another lesser offense with lighter penalties and less serious long-term consequences.
- Reduced penalties: Even if the charge is not reduced, the prosecution may agree to recommend a lesser sentence, such as probation or a shorter jail term, in exchange for a guilty plea.
- Diversion program: In some plea deals, the defendant may be offered the option to participate in a diversion program, which may involve, for example, substance abuse treatment, counseling, or anger management. Upon successful completion of the program, the charges may be dismissed or reduced.
- No contest plea: A plea of nolo contendere (no contest) may be included in the plea bargain. With this plea, the defendant does not admit guilt but agrees not to contest the charges. While still considered a conviction, no contest can be less damaging in civil proceedings, such as child custody disputes.
Contact Watson Kuhlman, LLC at 216-208-7858 for a free consultation if you are facing domestic violence charges in Ohio. We have helped countless clients get their charges reduced or dismissed.
