Domestic Violence

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with domestic violence in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your domestic violence case.

Domestic Violence Under Ohio Law

When violence or threats occur between individuals it is typically characterized as assault. However, when these actions are inflicted upon members of one’s family, such as a spouse, girlfriend, boyfriend or household member, it is referred to as domestic violence.

Domestic violence in Columbus and Delaware, Ohio, pursuant to 2919.25, is:

  • Knowingly causing or attempting to cause physical harm to a family or household member;
  • Recklessly causing serious physical harm to a family or household member; or
  • By threat or force, knowingly causing a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Domestic violence is not limited to physical harms, but encompasses a wide variety of actions. It includes making threats to inflict physical harm, emotional abuse, and harming a household pet.

Ohio Domestic Violence Penalties

The following is a basic breakdown of the statutory penalties for the various degrees of this offense. This can change depending upon the severity of the crime, the victim, the number of prior offenses, and whether the statute provides for more serious penalties.

4th Degree Misdemeanor

A conviction for a violation of 2919.25(C) is a 4th degree misdemeanor. This charge can result in 30 days in jail and a $250 fine.

2nd Degree Misdemeanor

If the offender has been convicted of a prior domestic violence or violation of 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering), 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member, or any offense of violence if the victim was a family or household member, a violation of 2919.25(C) is a 2nd degree misdemeanor.

This charge carries 90 days in jail and a $750 fine.

1st Degree Misdemeanor

A conviction for a violation of 2919.25(A) or (B) is a 1st degree misdemeanor. This charge can result in 6 months in jail and a $1000 fine.

If the offender has been convicted of two or more prior domestic violence offenses or two or more of the following – 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering), 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member – a violation of 2919.25(C) is a 1st degree misdemeanor.

4th Degree Felony

If the offender has been convicted of a prior domestic violence or violation of 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering), 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member, or any offense of violence if the victim was a family or household member, a violation of 2919.25(A) or (B) is a 4th degree felony.

This charge carries a potential sentence of 6-18 months in prison and a $5000 fine. However, if the offender knew that the victim was pregnant, the court will impose a mandatory prison term of at least 6 months. If the offender caused serious physical harm to the pregnant woman’s unborn or caused the termination of the woman’s pregnancy, the court will impose a mandatory prison term of at least 12 months.

3rd Degree Felony

If the offender has been convicted of two or more prior domestic violence offenses or two or more of the following – 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering), 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member – a violation of 2919.25(A) or (B) is a 3rd degree felony.

This charge carries a potential sentence of 9 months – 3 years in prison and a $10,000 fine.

Domestic Violence Defenses in Ohio

Some domestic violence allegations may not actually be domestic violence and arise because of other factors. There are several defenses that can be raised if you have been charged with domestic violence. The following is a list of possible defenses and an explanation for each.

Self-Defense

Domestic violence allegations may originate from the person who initiated the domestic violence. If the alleged victim was the person who attacked the alleged offender, self-defense may be a viable defense because of the necessity of defending oneself.

Defense of Others

Sometimes a situation arises that necessitates a person using defense force against a family or household member to prevent that person from inflicting harm upon another.

Lack of Intent

Intent to harm or cause apprehension of harm is an element of the offense of domestic violence. An alleged offender could present the defense of lack of intent if they did not have the required intent.

False Allegations

Family or household members may accuse a person of domestic violence to gain an upper-hand in child custody and divorce cases. If the allegations are false, this defense can be presented.

Columbus and Delaware, Ohio Domestic Violence Attorney

If you have been charged with domestic violence in Columbus or Delaware, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. An experienced and knowledgeable domestic violence attorney in Columbus and Delaware, Ohio can help you fight the charge and achieve the best possible outcome.

Johnson Legal, LLC serves the following cities in the central Ohio area for Domestic Violence:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Pataskala, Franklin County, Morrow County, Licking County, Union County and Delaware County