Akron Domestic Violence Defense Lawyer

Many criminal offenses may comprise a domestic violence charge, including assault and battery. Therefore, the potential penalties that an individual may face for a domestic violence conviction will depend on the specific criminal charge that they are facing.

Additionally, for you to even receive penalties on a crime of domestic violence, the state prosecutor must first satisfy their legal burden of proof beyond a reasonable doubt and secure a conviction against you.

If the prosecutor cannot meet even one legal element of the underlying criminal charge, they should not obtain a conviction against you.

In that instance, the court may dismiss your entire criminal case.

If the court does convict you, you may face significant penalties:

• If an individual receives a conviction on a first-time offense that involves a threat of physical force, they can incur second-degree misdemeanor penalties, including a maximum of 30 days of incarceration and a monetary fine of $250.
• A first-time offense that involves some degree of physical harm can lead to first-degree misdemeanor penalties, including a maximum of 180 days of incarceration, along with a maximum of five years on probation and a monetary fine of $1,000.
• If an individual receives a conviction on a first-time offense that involves an attempt to cause physical harm to someone else, they can receive first-degree misdemeanor penalties, including a maximum of 180 days in jail, a maximum of five years of probation, and a monetary fine of $1,000.
• A second or subsequent domestic violence offense is a Felony. Upon conviction, the accused can receive a maximum prison sentence of eight years.
• If the accused receives a conviction for a first-time protective order violation, they can incur first-degree misdemeanor penalties, including a maximum of 180 days in jail, a maximum of five years on probation, and a $1,000 monetary fine.
• Finally, a second or subsequent protective order violation can incur fifth-degree felony penalties, including a maximum of one year in jail and a maximum monetary fine of $2,500.

In addition, a domestic violence conviction may prevent the accused from working in certain occupations. You cannot expunge these convictions.

A domestic violence offender may also experience numerous collateral consequences upon conviction. First, they may have trouble getting admission to an educational program at a vocational school, college, or university. Additionally, if they currently receive scholarship funding or other financial aid, their school may cut off that funding.

In addition, a convicted domestic violence offender may lose the right to spend time with certain family members, including their children. This is especially true if they are subject to a protective order.

A convicted domestic violence offender may also have difficulty finding a place to live or finding/keeping a job. Finally, domestic violence offenders will likely suffer harm to their reputation in both their personal and professional communities.

If you recently sustained a conviction or guilty finding on a criminal domestic violence charge, our legal team can represent you before a judge at your criminal sentencing hearing. We can argue for the lightest possible penalty on your behalf and emphasize your potential lack of a criminal record or connections to the community. We can also work to lessen or entirely eliminate the collateral consequences you may experience following your domestic violence conviction.

Domestic violence encompasses several criminal offenses in Ohio.

Under Ohio law, domestic violence refers to harming a family member or household member.

A household member may include:

Also, for purposes of domestic violence law in Ohio, a family member is an individual with whom you are currently in a co-parenting relationship.

Under Ohio criminal law, you can face a domestic violence charge if one of these individuals accuses you of taking one or more of the following actions:

• Causing severe physical harm to them in a reckless manner
• Knowingly bringing about or attempting to bring about some type of physical harm
• Making a threat of force that causes the alleged victim to believe that you will bring about imminent physical harm to them

If you are currently pending one or more domestic violence charges, seek the experienced defense you need immediately. The Akron domestic violence defense attorneys at Patituce & Associates, LLC can review your domestic violence charge with you and develop a plan of action for your case.

If a current or former household member accuses you of domestic violence, they may petition the court for a protective order. As part of a protective order, a judge may order you to have no contact with the alleged victim (the subject of the protective order). Depending on the circumstances, a judge may also order you to have no contact with your minor child or children.

The term no contact refers to contact of any sort, including in-person and electronic contact, such as by phone call, text message, email, or other forms of electronic communication.

You may have several legal options if you are currently pending domestic violence charges in Akron.

First, we can raise one or more legal defenses on your behalf at trial. Although, as the criminal defendant, you do not have to establish a legal burden of proof at trial (or even testify on the witness stand at all), we can advance a solid legal defense on your behalf.

A successful defense may prohibit the state prosecutor from totally satisfying their legal burden of proof. As a result, the court may dismiss your domestic violence case.

Some of the most common defenses that individuals may raise in response to a domestic violence criminal charge include:

• Self-defense, where the accused individual uses a proportionate amount of force to what the alleged victim used against them, and where the accused was not the initial aggressor
• Motive, where the alleged victim had a reason to accuse the defendant of domestic violence, such as a divorce situation where the alleged victim wants child custody
• Alibi, where the accused individual can demonstrate that they were somewhere else at the time the alleged offense occurred

Our legal team can determine if you may raise one or more defenses at your criminal court trial. If so, we can advance the defense on your behalf and pursue a complete dismissal of your pending case.

We can negotiate a favorable plea deal with the state prosecutor as an alternative to taking your case to trial. As part of a plea deal, a state prosecutor typically agrees to a period of probation or a reduced criminal charge in exchange for a guilty plea from the accused person.

If the accused individual accepts the plea deal and pleads guilty to a criminal offense, they give up certain legal rights, including their constitutional right to a trial by jury, as well as their right of appeal. In addition, the accused individual must put their plea deal on the record in open court and inform the judge they agree to the deal freely, willingly, and voluntarily.

Our legal team can determine if accepting a plea deal from the state prosecutor is the best option for your case or whether you should take your case to trial and advance a solid legal defense.

Following an arrest on a domestic violence charge, invoke your right to the presence of legal counsel during questioning. That way, the police officer has to stop questioning you until you consult an attorney.

In addition, retain copies of important documents, including police reports and charging documents. Finally, call us to represent you as quickly as possible so that we can appear on your behalf in your criminal case.