In Cleveland, a majority of violent crimes carry many years in jail plus hefty fines. This is why it is wise to contact an experienced violent crime lawyer at the early stages of any alleged violent crime investigation. By taking this simple action, you will be advised on all aspects pertaining to the alleged violent crime, including when and how to communicate with relevant authorities.
Remember, defending yourself against a violent crime is not easy because one has to find deficiencies in investigations, and collect various scientific evidence such as DNA, computer examination, ballistics, footprint analysis, surveillance photo/video, fingerprints, and more.
These are just a few of the benefits of having a Cleveland criminal defense lawyer by your side. At Patituce & Associates, we refuse to lose. Winning is the only option. To achieve this, we personally tailor a defense for each case and fight aggressively against a system that is designed to find you guilty.
For some years now, we have handled many criminal cases, including sex offenses, juvenile crimes, federal crimes, drug-related crimes, white-collar crimes, violent crimes, theft crimes, and many more. In all of these cases, our Cleveland violent crimes lawyers maintain a high level of focus with the aim of protecting our client’s rights.
We offer a free, non-obligational, and confidential phone consultation service. To take advantage of this or talk to one of our experienced Cleveland violent crime lawyers, call us at 440-471-7784. Let us help you protect your constitutionally given right by calling us today.
What Types of Crimes Are Considered to Be Violent Crimes?
Did you know that the term “crime of violence” is found under the laws of Ohio? The crime of violence is not only specific in the Ohio Revised Code (ORC) but complex as well, like many other laws. Below are the types of crimes that are considered violent crimes in Cleveland, Ohio.
It is important to note that the types of crimes mentioned below may not have the names mentioned below, but simply a short description that will help you get an idea of the crime in question.
According to the law, abduction is different from kidnapping, although both are crimes of violence. Abduction is defined as restraining the liberties of another person either by threat or force under circumstances that create a risk of harm to that person or fear. This can be found under Ohio Revised Code Section 2905.02.
Murder and Homicides
Murder is the act of taking another person’s life. According to Ohio Revised Code Section 2903.02, it is a form of violent crime. Although murder is a crime in itself, there are different varieties of homicide.
A person will be charged with this type of violent crime when the person kills another while attempting to commit, committing, or fleeing after committing a crime like a burglary, kidnapping, or any other. This charge tends to carry severe penalties.
Aggravated vehicular homicide
This type of crime occurs when a person is found guilty of a reckless act that has resulted in the death of another person. For example, if a person is found guilty of drunk driving that has resulted in the death of another person, the driver can be charged with aggravated vehicular homicide.
A person can be charged with this type of violent crime if they caused the death of another person due to their negligence or terminated another person’s pregnancy unlawfully using deadly weapons or dangerous ordinance.
Assault and Battery
To commit assault or battery means causing offensive physical contact or bodily harm to another person, either negligently or intentionally. The crime of assault and battery can be broken down into two separate degrees: simple and aggravated.
Negligent or simple assaults are misdemeanor crimes, while aggravated assaults are felonies. According to Ohio Revised Code Section 2903.13, they all fall under the crime of violence.
A person can be charged with aggravated assault for knowingly causing harm or attempting to cause harm to someone or an unborn child, with or without a deadly weapon. A person can be charged with this crime if he causes harm to others while under the influence of sudden passion or a fit of rage.
Aggravated Vehicular Assault – This becomes a violent crime if the offender was driving under suspension at the time of the offense that has been imposed under Chapter 4510 of the Revised Code.
Negligent Assault – This occurs when physical harm arises due to the negligent use of a deadly weapon. A good example of this is hunting accidents.
Felonious Assault – This arises if a person causes serious harm or attempts to cause serious harm to another, or an unborn child, by the use of a deadly weapon.
Under the revised code, domestic violence and abuse cases can either be felonies or misdemeanors based on the circumstances of the case, the injury caused, and if the offender has prior convictions for domestic violence.
Arson is the act of destroying another person’s property knowingly or creating a substantial risk of fire or explosion. Just like many types of crimes, arson can either be a misdemeanor or a felony depending on the facts of the case. In fact, aggravated arson is a felony, and one is charged if they are involved in causing potential or actual harm to a person or an occupied structure.
Because a kidnapping case or charge is taken seriously in Ohio, any form of kidnapping charge is always charged as a first-degree felony. It is considered a violent crime under Ohio Revised Code Section 2905.01.
Rape is an act where one person forces another to have intercourse without their consent or against the person’s will. A sexual act can also be categorized as rape if the other person is under the legal age. In Ohio, the legal age to consent to sex is 16 years under Ohio Revised Code Section 2907.04.
This type of crime involves one person taking another person’s life without hatred. A person can be charged with manslaughter in circumstances that do not amount to murder. What does this mean? It simply means killing a person unintentionally or without planning to do it.
In Ohio, manslaughter is a felony, which means that it comes with a jail sentence. There are two types of manslaughter charges.
Voluntary Manslaughter (Heat of Passion Crime)
This type of crime occurs when a person intentionally kills another person, but the actions were based on anger or passion brought by satisfactory reason and before the offender had a reasonable time to calm down. This makes voluntary manslaughter different from murder in the sense of planning.
For example, a man comes home to find his wife in bed with his best friend, and in rage, he takes a pistol and shoots the wife dead. In this case, the husband did not plan to kill the wife beforehand. This is why voluntary manslaughter is also known as the “heat of passion crime.”
Involuntary Manslaughter (Criminally Negligent Homicide)
This type of crime occurs when a person causes the death of another individual or their unborn baby while attempting or committing a misdemeanor or felony. In this case, the person had no intention of killing another, but because of their actions, they caused the death of another.
This is why this type of crime is often referred to as a “criminal negligence” crime. It is not uncommon for a person acquitted of criminal negligence in a criminal court to be found liable in a civil court for wrongful death.
Other types of violent crimes in Ohio include:
- Aggravated menacing
- Menacing by stalking
- Improperly discharging a firearm
- Child abuse
- Excessively punishing, restraining, or disciplining a child in a way that causes the risk of physical harm
- Felonious sexual penetration
What Are the Penalties for Violent Crime in Ohio?
The state of Ohio takes violent crimes very seriously, which is why they come with stiff penalties. However, it is important to note that each violent crime comes with its own penalty. Since there are many types of crimes classified as violent, it is important to know the type of crime you are charged with and the possible outcome.
This is why we recommend calling our violent crime lawyers immediately. We will not only help you protect your rights but also guide you through the whole investigation and court representation. Moreover, a criminal lawyer is in a better position to provide you with an exact penalty range based on the law.
What Should I Do If I’m Arrested for a Violent Offense?
The steps you take after being arrested for a violent crime can either help you or make your case worse if you are found guilty. With this in mind, here are the steps you should take if you have been arrested in Cleveland, Ohio.
Contact a Cleveland Violent Crimes Lawyer
It is your right to know what you are being charged with. If you do not know, ask.
Contact a violent crime lawyer immediately. Never waste time, call an attorney immediately. If you do not have one, get a family member to get in touch with an attorney for you. If you do not immediately contact a lawyer, the prosecutor or investigator may easily trap you through questioning.
Take Notes of the Arrest
Take note of everything that you remember about the arrest. While behind bars, ask for a pen and paper. What you write down could be the thing that saves you.
Never Post Bail Without Consulting Your Lawyer
The chances are you may feel eager to get out of jail as soon as possible. However, you should never post bail without consulting a lawyer, even if you are in a position to do so. That is because the lawyer may secure a release without having to post bail or get the bail amount lowered.
Exercise Your Right to Remain Silent
Remember you have the right to remain silent. The moment you are arrested, the police will read you your Miranda rights. This is your right to remain silent. However, it does not matter if the police read you your right to remain silent. We recommend remaining silent and request for a lawyer. If they ask you any questions, tell them that you will not say anything without a lawyer present.
Stay Calm and Collected
Panicking after an arrest is totally normal. However, try as much as possible to stay calm and collected. Try using all the techniques you know for calming yourself down. Doing this will help you think straight.
Avoid Using a Court-Appointed Attorney
If you do not have a lawyer, the court will appoint one for you. Although public defenders are as skilled as private defenders, they are often overworked and handle many cases at once. As such, they do not have the time and energy to devote to your case.
Be Truthful With Your Lawyer
Be truthful with your lawyer and provide evidence where necessary. Always tell your lawyer the truth. Doing this will help them defend you with facts. Moreover, if you have any evidence to support your side of the story, hand it over to the lawyer.
Never Miss Your Court Appearance
The moment you receive a notice to appear in court, inform your criminal defense lawyer. The lawyer can appear in court for you. They will notify you if you are needed. Missing a court date can have a negative outcome for your case.
Don’t Contact Anyone Involved or Discuss the Case
Do not contact anyone involved in the crime or case (victim or witness). No matter what, you should never contact anyone involved in the case.
Don’t discuss the case with anyone. Also, never discuss the case with anyone aside from your lawyer. That is because any information you give to your friends or family about your case can be used against you.
Why Should I Hire a Violent Crime Defense Lawyer?
There are many benefits to hiring a criminal defense lawyer who’s capable of defending you against various types of criminal charges. An experienced lawyer can help with not only civil matters but also criminal-related cases. Below are some of the reasons you should hire a Cleveland violent crimes lawyer.
- Provide vital advice
- Make bail applications
- File motions on your behalf
- Prepare the defense
- Prepare appeals and other proceedings
- Provide legal counsel
- Represent you in public and private matters
- Provide detailed information on the court process
We believe that no case is hopeless. It all depends on the approach. Call us today for legal counsel.
Call Patituce & Associates Today!
At Patituce & Associates, our primary focus is our client. We do not work for the government; we work for you. This is why we primarily focus on your best interest. Our Cleveland defense attorneys understand that each case is unique, presenting unique challenges and difficulties. This is why we offer personalized legal services based on your case.
With our Patituce & Associates defense lawyers by your side, we will make things easier for you, no matter how difficult the case may seem to be. It does not matter if you are facing a misdemeanor or felony charge. You need to contact an experienced attorney today.
Call us today at 440-471-7784 to get a free, no-obligation consultation with one of our Cleveland violent crimes lawyers. We are ready to fight for you.