Domestic violence is a serious crime in Ohio, and the legal consequences become even more severe for repeat offenders. Under Ohio Revised Code § 2919.25, individuals convicted of domestic violence face heightened penalties if they have prior domestic violence convictions. Ohio law aims to deter repeat offenses by imposing stricter punishments and protecting victims of repeated abuse.
Cincinnati Domestic Violence Lawyer
The Wieczorek Law Firm defends clients throughout the greater Cincinnati area against domestic violence charges. Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Contact us 24/7 for a free review of your case. Time is not on your side, and you need an attorney you can trust to utilize every defense possible to receive the best outcome. Call us at (513) 317-5987 or complete our contact form for a free consultation today.
Overview of Repeat Domestic Violence Offenders
Domestic Violence under Ohio Law
Domestic violence in Ohio involves causing or attempting to cause physical harm, using threats of harm, or engaging in actions of intimidation against a family or household member. The statute states as follows:
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
The severity of the offense and its classification depend on the actions of the accused, the victim’s relationship to the offender, and any prior convictions.
Some examples of domestic violence include:
- Knowingly Causing or Attempting to Cause Physical Harm:
- Hitting or punching a partner during an argument, causing visible injuries.
- Throwing an object, such as a glass or plate, at a family member with the intent to harm.
- Attempting to physically restrain or choke a household member, even if no injury occurs.
- Recklessly Causing Serious Physical Harm:
- Pushing a family member down a flight of stairs, resulting in broken bones or severe injuries.
- Driving recklessly with a partner or child in the car to intimidate or scare them, leading to an accident or injury.
- Swinging a heavy object, like a bat or tool, during an argument and unintentionally injuring a household member.
- Threatening Imminent Physical Harm:
- Verbally threatening to harm a spouse or child while holding a weapon or raising a fist.
- Telling a partner that they will “pay” if they attempt to leave, causing them to fear immediate harm.
- Standing in a threatening posture while making intimidating statements, such as, “You’ll regret this,” and blocking their ability to leave the room.
Penalties for Repeat Domestic Violence Offenders
A repeat domestic violence offender is an individual with prior convictions for domestic violence or certain other violent offenses, such as assault or aggravated menacing. Ohio law considers these prior convictions as aggravating factors, leading to enhanced charges and penalties for subsequent offenses.
- First Offense – First-degree misdemeanor
- Up to 180 days in jail and/or
- Fines up to $1,000.
- Second Offense: Often escalates to a fourth-degree felony if the offender has one prior domestic violence conviction. Penalties include 6 to 18 months in prison and fines up to $5,000.
- Third or Subsequent Offense: If an individual has two or more prior domestic violence convictions, subsequent charges may be classified as a third-degree felony. Penalties include 9 months to 3 years in prison and fines up to $10,000.
Additional Penalties for Repeat Offenders
Repeat offenders may face additional consequences beyond jail time and fines, including:
- Mandatory counseling or anger management programs
- Longer probation periods or parole conditions
- Stricter restraining orders or no-contact orders
- Permanent criminal record, which can affect employment, housing, and custody rights
Hire a Domestic Violence Defense Lawyer in Hamilton County, Ohio
Repeat charges involving domestic violence require swift and skilled legal representation. This is why hiring a Cincinnati domestic violence attorney to be your legal representative can be beneficial. An attorney can formulate the best strategy based on the available information.
Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call us at (513) 317-5987 or complete our contact form for a free consultation today.