Domestic assault is a serious charge in Ohio that can lead to months or even years of jail time if you are convicted. This is in addition to its inherent damage to your reputation, well-being, and relationship with your family.
The exact penalties for a domestic assault conviction in Ohio depend on the severity of the charges, and it is difficult to know ahead of time what to expect.
It’s imperative to work with experienced defense attorneys like the ones at Hiltner Trial Lawyers in order to reduce these penalties as much as possible. In this blog, we look at what counts as domestic assault and how much jail time may be in store after a conviction.
What counts as domestic assault in Ohio?
Under Ohio law, domestic assault and domestic violence are treated the same.
In Ohio, a person may be charged with assault if they knowingly cause harm to another person. If the victim of this assault is considered a family or household member of the defendant, the assault charge becomes a domestic violence charge.
An assault charge, in the context of domestic violence, can refer to any of these acts:
- Causing bodily injury
- Attempting to cause bodily injury
- Threatening to cause bodily injury
- Any act that counts as “child abuse” under section 2151.031 of the Revised Code
- A sexually-oriented offense
The victim is considered a family or household member if they meet any of the following criteria:
- Current or former spouses
- A partner the defendant lived with in the last five years
- Parents or foster parents
- Children
- Extended family members
- A parent or child of the defendant’s spouse, former spouse, or romantic partner
- An extended family member of the defendant’s spouse, former spouse, or romantic partner
How long could you stay in jail for domestic assault in Ohio?
The penalties for domestic assault in Ohio depend on the severity of the charges. Courts may classify domestic violence as a 3rd, 2nd, or 1st degree misdemeanor, or as a 5th, 4th, or 3rd degree felony.
The severity of the charges will depend on the circumstances around the incident, whether the defendant has prior convictions, the extent of the victim’s injury or injuries, and the strength of the evidence.
In Ohio, the amount of jail time depends on how the charge is classified and the specific facts of the case. Here is a general breakdown of possible jail time for domestic assault charges in:
- 3rd degree misdemeanor: up to 60 days in jail
- 2nd degree misdemeanor: up to 90 days in jail
- 1st degree misdemeanor: up to 6 months in jail
- 5th degree felony: 6 to 12 months in jail
- 4th degree felony: 6 to 18 months in jail
- 3rd degree felony: 9 months to 3 years in jail
Each of these charges comes with a fine that may replace or be assigned in addition to the jail time. The fines range from $500 to $1,000 for the misdemeanors, and $2,500 to $10,000 for the felonies.
Contact Hiltner Trial Lawyers if you’ve been charged with domestic assault in Ohio
Being charged with domestic assault clearly comes with severe consequences. Having the right defense can make a meaningful difference in how your case is handled and the outcome you face.
At Hiltner Trial Lawyers, we’ll use all of our experience, resources, and knowledge to give you the best defense possible against domestic assault charges. If you are accused in Ohio, please contact us and schedule a free consultation.
FAQs: How Long Do You Stay in Jail for Domestic Assault in Ohio?
- How much jail time can you get for domestic violence in Ohio?
Jail time can range from up to 60 days for a minor misdemeanor to several years in prison for felony domestic violence charges, depending on the severity of the case and prior convictions. - Is domestic assault always a felony in Ohio?
No. Domestic assault can be charged as a misdemeanor or a felony. First-time offenses are often misdemeanors, while repeat offenses or cases involving serious harm may be charged as felonies. - Can you avoid jail time for a domestic violence charge in Ohio?
In some cases, yes. Depending on the circumstances, penalties may include probation, fines, or alternative programs instead of jail time. - What factors increase jail time for domestic assault in Ohio?
Jail time may increase if there are prior convictions, serious injuries, use of a weapon, or if the alleged victim is a minor or vulnerable person. - Does a domestic violence conviction stay on your record in Ohio?
Yes. A domestic violence conviction can remain on your criminal record and may affect employment, housing, and future legal matters. - Can a domestic violence charge be reduced or dismissed in Ohio?
It is possible, depending on the evidence and how the case is handled. Issues with evidence, witness credibility, or legal procedures can impact the outcome.
