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Domestic Violence

How long do you stay in jail for domestic assault in Ohio?

By July 26, 2023April 4th, 2024No Comments

Domestic assault in Ohio is a serious charge, which can result in months or years of jail time if found guilty. This is in addition to its inherent damages 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 identical.

First, a defendant is charged with assault: knowingly causing harm to another. 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
  • Making an attempt 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 these criteria:

  • Current or former spouses
  • A partner whom the defendant has 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.

Here are the ranges of jail time for different charges of domestic assault in Ohio:

  • 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. It takes a team of qualified defense attorneys to protect your rights, and to get you the best deal possible.

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.

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