A crime of violence in Ohio is one that involves force, threat of force, or physical harm to another person. If you are charged with a crime that has a violence distinction, this can impact the severity of the charge, the possible punishment, your immigration status, and whether you can ever have the records related to your offense expunged.
Any charge for a crime of violence must be taken seriously. An experienced violent crimes defense lawyer from The Wieczorek Law Firm can review your case and explain the nature of the charges against you.
Cincinnati criminal defense attorneys represent clients throughout Ohio who have been charged with child pornography or other sex crimes. Contact us 24/7 at (513)-317-5987 for a free case review.
Types of Violent Crimes in Ohio
Ohio law specifically lists the following crimes as crimes of violence:
- Aggravated murder
- Murder
- Voluntary manslaughter
- Involuntary manslaughter
- Reckless homicide
- Felonious assault
- Menacing
- Aggravated menacing
- Menacing by stalking
- Domestic violence
- Child abuse
- Permitting child abuse
- Torturing or cruelly abusing a child
- Excessive punishment, discipline, or restraint of a child
- Administering disciplinary measures that can impair a child’s mental health or development
- Abuse against a resident or patient of a care facility
- Kidnapping
- Abduction
- Human trafficking
- Rape
- Gross sexual imposition
- Sexual battery
- Felonious sexual penetration
- Strangulation
- Improperly discharging of a firearm
- Terrorism
- Inciting violence
- Aggravated riot
- Inducing panic
- Escape
- Extortion
- Robbery
- Aggravated robbery
- Burglary
- Aggravated burglary
- Arson
- Aggravated arson
- Intimidation
- Intimidation of an attorney, witness, or victim in a criminal case
Kidnapping – Ohio Revised Code Section 2905.01
Occurs if a person restrains the liberty of another person—through force, threat, or deception, or by any means if the victim is under 13 or mentally incompetent—in order to:
- Hold the victim for ransom or as a shield or hostage
- Commit any felony
- Terrorize or inflict serious physical harm on the victim or another person
- Engage in sexual activity with the victim against their will
- Obstruct a governmental function
- Keep in involuntary servitude
Kidnapping can be charged as a felony of the first or second degree.
Voluntary Manslaughter – Ohio Revised Code Section 2903.03
A person can be charged with this offense if they knowingly cause the death of another person or the unlawful termination of another’s pregnancy by:
- The heat of passion or rage
- Serious provocation by the victim
Voluntary manslaughter is a felony of the first degree.
Involuntary Manslaughter – Ohio Revised Code Section 2903.04
This offense can occur if a person causes the death of another or unlawfully terminates the pregnancy of another by:
- Committing or attempting to commit a felony
- Attempting to commit or committing a misdemeanor or other regulatory offense
This crime is a felony of the first degree if it occurs during the commission of another felony offense. Otherwise, it is a felony of the third degree if it occurs during a misdemeanor.
Murder/Homicide – Ohio Revised Code Section 2903.02
A person can be charged with this crime if they purposefully cause another’s death or unlawfully terminate another’s pregnancy. A person can also receive this charge if they cause the death of another person during the commission of a first- or second-degree felony.
Robbery – Ohio Revised Code Section 2911.02
A person can be charged with this offense if:
- They have a deadly weapon on their body or under their control.
- They inflict, attempt to inflict, or threaten to inflict physical harm on another person.
- They use or threaten immediate force against another while attempting or committing a theft—or while immediately fleeing after the attempt or commission of a theft.
Robbery can be a felony of the third, second, or first degree, depending on whether the offender uses a deadly weapon or actually inflicts harm on the victim.
Penalties for Violent Crimes
Some violent offenses in Ohio can subject a defendant to the harshest of penalties, including a sentence of death or life imprisonment without the possibility of parole. When those penalties do not apply, violent offenses are typically charged as felonies, which carry the following penalties under Ohio law:
- Fifth-degree felony – Up to 12 months in prison; a fine up to $2,500
- Fourth-degree felony – Up to 18 months in prison; a fine up to $5,000
- Third-degree felony – Up to 5 years in prison; a fine up to $10,000
- Second-degree felony – Up to 8 years in prison; a fine up to $15,000
- First-degree felony – Up to 11 years in prison; a fine up to $20,000
A conviction for a crime of violence can have other collateral consequences, including loss of civil rights, job loss, loss of parental rights, and risk of removal for non-citizens.
Possible Defenses to Violent Crimes
Violent crimes can encompass a wide variety of offenses, so there are many different defenses that might apply to them, including:
- Self-defense
- Defense of others
- Necessity
- Illegal search and seizure
- Consent
- Entrapment
- Mistake of law or fact
- Procedural errors
- Mishandling of evidence
- False accusations
- Mistaken identity
- Alibi
An experienced criminal defense lawyer can evaluate your case and determine the most effective defenses to raise in it.
Contact an Experienced Violent Crimes Lawyer for Legal Advice and Representation
If you are facing charges for a crime of violence, you need an experienced violent crimes lawyer who can mount an aggressive defense on your behalf.
The Wieczorek Law Firm has successfully handled thousands of criminal cases, many of which are violent crimes. We can review your charges, discuss your legal options, and build an effective strategy to defend your rights. Call us today to learn more.