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.
- Overview of Violent Crimes Legal Representation in Cincinnati Ohio
- Cincinnati Violent Crimes Defense Attorney
- Types of Violent Crimes in Ohio
- Other Violent Crimes in Ohio
- Penalties for Violent Crimes
- Possible Defenses to Violent Crimes
Cincinnati Violent Crimes Defense Attorney
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:
Assault – Assault involves knowingly causing or attempting to cause physical harm to another person. In Cincinnati, it is usually charged as a first-degree misdemeanor, but may be elevated to a felony if the victim is a protected class, such as a police officer or healthcare worker.
Felonious Assault – Felonious assault includes causing serious physical harm or using a deadly weapon during an assault. This is a second-degree felony in Ohio and is aggressively prosecuted in Hamilton County, often resulting in long prison sentences.
Aggravated Assault – Aggravated assault occurs when someone causes serious harm while under the influence of sudden passion or provocation. In Cincinnati, it is considered a fourth-degree felony, and while less severe than felonious assault, it still carries substantial penalties.
Disorderly Conduct – Disorderly conduct covers a range of disruptive behaviors such as public intoxication, fighting, or making unreasonable noise. It’s typically a minor misdemeanor, but may be enhanced to a fourth-degree misdemeanor in cases involving risk to others or disobedience of police orders.
Murder/Homicide – Murder in Ohio involves purposely causing the death of another person without premeditated aggravating circumstances. In Cincinnati, it is a first-degree felony punishable by 15 years to life in prison, and is distinct from aggravated murder, which can carry the death penalty.
Resisting arrest – Resisting arrest involves using force, threats, or fleeing to prevent a lawful arrest. It is commonly charged in Cincinnati as a second-degree misdemeanor, but becomes a felony if physical harm occurs or a weapon is involved.
Aggravated trespass – Aggravated trespass refers to unlawfully entering another person’s property with the intent to commit harm or intimidate. In Cincinnati, it is treated as a first-degree misdemeanor, but may be elevated if related to stalking or protection order violatio
Human trafficking – Human trafficking involves the use of force, fraud, or coercion to compel someone into labor or sexual activity. In Ohio, it is a first-degree felony, and in Cincinnati, these cases are prioritized for prosecution—particularly when minors or vulnerable individuals are involved.
Aggravated murder – Aggravated murder is the most serious offense under Ohio law and involves intentional killing with specific aggravating factors such as premeditation, multiple victims, or the murder of a police officer. In Cincinnati, this charge can lead to life imprisonment or the death penalty.
Reckless homicide – Reckless homicide involves causing death through reckless behavior without intent to kill, such as mishandling a firearm. In Cincinnati, it’s a felony charge with potential prison time.
Menacing – Menacing involves threatening another person in a way that causes them to fear for their safety. It’s typically charged as a misdemeanor unless part of a pattern or involving weapons.
Aggravated menacing – Aggravated menacing escalates the charge when the threat involves serious harm or death. In Cincinnati, this is taken seriously and can lead to a felony charge depending on the circumstances.
Menacing by stalking – This charge involves repeated threats or behavior that causes emotional distress or fear for safety. In Ohio, it becomes a felony if the stalking includes prior convictions, a weapon, or violates a protection order.
Domestic violence – Domestic violence includes physical harm or threats against a spouse, partner, or household member. In Cincinnati, it may be charged as a misdemeanor or felony depending on injuries and prior history.
Child abuse – Child abuse refers to intentionally harming a child through physical, emotional, or sexual means. Cincinnati law enforcement takes these allegations seriously, and charges can lead to prison, loss of parental rights, and mandatory reporting investigations.
Permitting child abuse – This charge applies when a parent or guardian knowingly allows abuse to occur and fails to intervene. It’s considered a felony if the child suffers serious harm or death.
Torturing or cruelly abusing a child – Acts of prolonged or severe cruelty, such as burning, starvation, or repeated beatings, are treated as high-level felonies. Penalties in Hamilton County may include lengthy prison terms and termination of parental rights.
Excessive punishment, discipline, or restraint of a child – Corporal punishment that crosses into physical abuse, such as striking a child with objects or restraining them unreasonably, can result in criminal charges. Courts assess whether the discipline was excessive under community standards.
Administering disciplinary measures that can impair a child’s mental health or development – This includes verbal abuse, psychological manipulation, and patterns of emotional harm. These cases are often prosecuted in conjunction with child services investigations and may result in both criminal and family court consequences.
Abuse against a resident or patient of a care facility – Care facility staff who physically, emotionally, or financially abuse elderly or disabled residents may face felony charges. These cases are taken seriously in Cincinnati due to mandatory reporting laws and regulatory oversight.
Abduction – Abduction is similar to kidnapping but does not involve the same aggravating factors, such as ransom or intent to harm. Still, it’s a serious offense with potential felony charges and prison time.
Rape – Rape is the non-consensual sexual penetration of another person, often by force or while the victim is impaired. It is a first-degree felony with mandatory prison sentences.
Gross sexual imposition – This charge involves non-consensual sexual contact, often with force, threats, or involving a minor. In Cincinnati, it can be either a felony or misdemeanor depending on the details.
Sexual battery – Sexual battery involves sexual contact with someone who cannot consent, such as through coercion or abuse of authority. Common cases involve teachers, caretakers, or corrections officers.
Strangulation – Strangulation during an assault or domestic violence incident has been elevated in Ohio to a felony-level offense. It’s commonly charged alongside felonious assault in Cincinnati.
Improperly discharging of a firearm – Firing a gun in or near a home, school, or vehicle without justification is a felony offense. Cincinnati prosecutors treat these cases as a threat to public safety.
Terrorism – Terrorism involves planning or committing acts intended to intimidate or coerce the public or government. These cases are rare but prosecuted harshly, often in federal court.
Inciting violence – This offense occurs when someone encourages or causes others to commit violence, often during protests or confrontations. Depending on the outcome, it can be a misdemeanor or felony.
Aggravated riot – Aggravated riot charges apply when group violence leads to injury, property damage, or the use of weapons. In Cincinnati, it is often charged during large-scale unrest or coordinated violence.
Inducing panic – This offense includes false bomb threats, fake active shooter calls, or any conduct that causes large public disturbances. It’s frequently charged when emergency resources are misused.
Escape – Escape involves unlawfully fleeing from police custody, jail, or house arrest. It is a felony that adds significant prison time to an existing sentence.
Extortion – Extortion involves threatening someone to gain money, property, or control over their actions. In Cincinnati, this may include digital threats or blackmail and is charged as a felony.
Aggravated robbery – This is a more serious form of robbery involving deadly weapons or causing serious harm. Convictions lead to long prison terms and often mandatory sentencing.
Burglary – Burglary is unlawfully entering an occupied structure with intent to commit a crime inside, even if nothing is stolen. It’s a felony that carries years in prison.
Aggravated burglary – Aggravated burglary adds factors like possessing a weapon or inflicting harm during the entry. It is one of the most serious property crimes prosecuted in Hamilton County.
Arson – Arson involves intentionally setting fire to property, vehicles, or structures. It can be charged as a felony, especially when there is intent to harm or defraud.
Aggravated arson – Aggravated arson involves setting fire to an occupied structure or causing serious harm. It is a first-degree felony with high penalties, especially when injuries result.
Intimidation – Intimidation occurs when someone threatens a public official, law enforcement officer, or investigator to influence or deter their duties. It’s typically a felony offense in Ohio.
Intimidation of an attorney, witness, or victim in a criminal case – This offense involves trying to interfere with a witness, attorney, or victim’s role in a legal proceeding through threats or coercion. In Cincinnati, it’s charged as a felony and can severely affect the outcome of the underlying case.
Other Violent Crimes in Ohio
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.
