What Are the Potential Penalties for Violent Crimes in Dayton, Ohio?
Ohio violent crime penalties can be harsh. If you are facing criminal charges related to violence, you could receive the maximum punishment upon conviction for the charged offense without an experienced criminal defense attorney.
State law classifies these crimes as either felonies or first-degree misdemeanors. Felonies receive far more severe punishments and fines than misdemeanors. Thus, you should look for attorney felony experience when hiring a law firm.
The lowest level charge for a violent crime in Ohio is a first-degree misdemeanor. Assault can be charged as a misdemeanor, leading to 180 days in jail and up to $1,000 in fines.
Other violent offenses are felony offenses, with first-degree felonies being the most serious (except for murder and aggravated murder, which fall outside the felony degree structure). A murder charges attorney in Ohio must deal with potential punishments reserved for murder, such as life imprisonment.
The circumstances of each crime determine its degree. A kidnapping defense lawyer can fight for a reduction in charges if there was no force or threat.
For example, the ORC burglary statute lists three levels of potential felony charges. If someone is present during an aggravated burglary, a second-degree felony may be charged. However, if no one was present or likely to be present, only a fourth-degree felony burglary charge may be appropriate.
Furthermore, statutory punishments may increase in Ohio due to aggravating factors, such as:
- Serious bodily injury resulted
- The offender has a criminal record
- The victim’s status
- The circumstances surrounding the incident
Aggravating factors lead to a higher mandatory prison sentence, although your violent crimes lawyer in Dayton can also present mitigating evidence. For example, a resisting arrest lawyer will need to fight hard to protect you from the enhanced sentence for assaulting a police officer.
| Degree of Crime |
Description |
| Misdemeanor of the First Degree |
Up to 180 days in jail and/or a fine up to $1,000. |
| Felony of the Fifth Degree |
Prison sentence ranging from 6 months to 1 year and/or a fine up to $2,500. |
| Felony of the Fourth Degree |
Prison sentence ranging from 6 to 18 months and/or a fine up to $5,000. |
| Felony of the Third Degree |
Prison sentence ranging from 1 to 5 years and/or a fine up to $10,000. |
| Felony of the Second Degree |
Prison sentence ranging from 2 to 8 years and/or a fine up to $15,000. |
| Felony of the First Degree |
Prison sentence ranging from 3 to 10 years and/or a fine up to $20,000. |
| Aggravated Murder |
Death or life imprisonment and/or a fine of $25,000. If the murder was sexually motivated or victim was under 13, the alleged offender can face mandatory prison sentence. |
| Murder |
Prison sentence ranging from 15 years to life and/or a fine up to $15,000. If the murder was sexually motivated or victim was under 13, the alleged offender can face mandatory prison sentence. |
What to Expect During Your Violent Crime Trial in Ohio
While violent crime trial Ohio procedures are the same as those for other trials, they are often applied more strictly. Judges, prosecutors, and criminal defense attorneys want to avoid errors that might trigger a retrial. Additional differences include:
- Trials often receive media attention and require tighter courtroom security.
- Judges are reluctant to grant bail, so you may need to assist your Dayton criminal defense lawyers from jail.
- Discovery in criminal defense cases requires the prosecution to provide your defense law firm any evidence that could produce a favorable outcome.
- During pre-trial motions, the judge reviews possible Constitutional violations and evidentiary issues.
- The Ohio Bureau of Investigation and Identification analyzes forensic evidence.
- Your violent felony attorney’s knowledgeable witnesses also examine the evidence for errors in collection, analysis, and handling.
- Your Dayton criminal defense lawyer will fight to empanel an unbiased jury, although jury selection will be difficult.
- Victims play an enormous role in the Ohio violent crime court process, including providing a victim impact statement during sentencing.
The difficulty and high stakes involved in trials for violent offenses mean you need an experienced criminal defense lawyer or aggravated assault attorney, fighting to preserve your freedom and reputation.
