Fighting Domestic Violence Charges When You Have Prior Convictions
Domestic violence is a severe offense that can result in either felony or misdemeanor charges, depending on the specific details of the incident. If you have a history of arrests related to domestic disputes, transparency with your legal counsel is essential. Individuals with a record of prior offenses can expect to face significantly escalated legal penalties if they are convicted again.
Penalties for Domestic Violence Increase With Each Conviction
Under Ohio state statutes, causing physical harm to a household or family member—whether knowingly or recklessly—constitutes domestic violence. Generally, a first-time violation is categorized as a first-degree misdemeanor. If the incident involved a threat of harm rather than physical contact, it is treated as a fourth-degree misdemeanor. Navigating these statutes can be complex, so consulting a Youngstown criminal lawyer is advisable to understand your specific standing.
However, the legal consequences become increasingly strict based on the number of prior convictions on your record. For example:
- One prior conviction: If you have been convicted of domestic violence once before, a subsequent offense can be prosecuted as a fourth-degree felony. In cases involving threats, the charge increases to a second-degree misdemeanor.
- Two or more prior convictions: Once you have two or more convictions, any new charges are prosecuted as third-degree felonies, while threats are raised to first-degree misdemeanors. In Ohio, a third-degree felony conviction carries potential imprisonment of one to five years and fines reaching $10,000. This is a critical time to secure a Youngstown criminal attorney to build your defense.
- Harm to a pregnant victim: If the alleged victim was known to be pregnant at the time you recklessly or knowingly inflicted physical harm, the charge becomes a fifth-degree felony. If this violence results in serious harm to the unborn child or the termination of the pregnancy, the court may enforce a mandatory prison sentence of up to one year.
Are you or someone you know facing domestic violence charges?
If you are currently dealing with domestic violence allegations in Mahoning County, time is of the essence. You must speak with a qualified professional immediately to protect your future. The team at Youngstown Criminal Law Group is dedicated to providing robust defense strategies.Contact a lawyer at our group to discuss the details of your case. We understand the local courts and how to navigate these sensitive matters. Call us today at (330) 791-8104 to schedule a free consultation with a skilled Youngstown criminal attorney and start fighting for your rights.