Violent Crimes in Ohio

According to Ohio Revised Code 2901.01(A)(9)(a), someone who uses, threatens, or tries to use physical force against someone else could be charged with an offense of violence. Contrary to what some might think, you could still face these charges even if you never made physical contact with the other person.

The following is the list of violent crimes that could be charged as a felony in Ohio:

Aggravated Murder – Intentionally causing the death of another person with prior calculation and design or under specific circumstances, such as killing a law enforcement officer.
Murder – Intentionally causing the death of another person without prior calculation and design.
Voluntary Manslaughter – Knowingly causing the death of another person while under the influence of sudden passion or in a sudden fit of rage.
Involuntary Manslaughter – Unintentionally causing the death of another person while committing or attempting to commit a felony or misdemeanor.
Felonious Assault – Knowingly causing serious physical harm to another person or using a deadly weapon to cause or attempt to cause physical harm.
Aggravated Assault – Knowingly causing serious physical harm to another person with a deadly weapon or causing serious harm while under the influence of sudden passion or in a sudden fit of rage.
Permitting Child Abuse – Allowing a child to be abused, tortured, or administered corporal punishment that results in serious physical harm.
Kidnapping – Forcibly or by deception removing another person from their location or restraining their liberty for specific purposes, such as holding for ransom or facilitating a felony.
Abduction – Restraining another person’s liberty to create fear or harm to the victim or another person or to hinder, impede, or interfere with a government function.
Trafficking in Persons – Recruiting, enticing, or obtaining a person for labor or sexual servitude through force, fraud, or coercion.
Rape – Engaging in sexual conduct with another person without consent or through force, threat of force, or deception.
Sexual Battery – Engaging in sexual conduct with another person through coercion when the victim is unaware or when the offender occupies a position of trust or authority over the victim.
Gross Sexual Imposition – Engaging in sexual contact with another person without consent or through force, the threat of force, or deception.
Aggravated Arson – Knowingly creating a substantial risk of physical harm to another person or their property by causing a fire or explosion.
Aggravated Robbery – Committing a robbery while inflicting or attempting to inflict serious physical harm or using or threatening to use a deadly weapon.
Robbery – Using force, the threat of force, or intimidation to steal property from another person.
Aggravated Burglary – Trespassing into an occupied structure or separately secured area intending to commit a criminal offense while armed with a deadly weapon or inflicting or attempting to inflict physical harm.
Inciting to Violence – Urging, inciting, or soliciting another person to engage in violent conduct.
Aggravated Riot – Participating in a group of five or more persons engaging in disorderly conduct, which results in physical harm to persons or property.
Riot – Participating in a group of four or more persons engaging in disorderly conduct.
Intimidation – Engaging in a pattern of conduct that causes another person to fear physical harm to themselves or their property.
Intimidation of Attorney, Victim, or Witness in a Criminal Case – Using force, threat of force, or deception to influence, intimidate, or hinder a victim, witness, or attorney involved in a criminal case.
Escape – Unlawfully and intentionally leaving custody, confinement, or a detention facility.

Improperly Discharging Firearm at or into a Habitation, School – Knowingly discharging a firearm at or into an occupied structure, such as a home or school, creating a substantial risk of physical harm to persons inside.
Patient Abuse or Neglect against a Resident of a Facility – Knowingly causing or allowing harm, abuse, or neglect to a resident of a long-term care facility, such as a nursing home or assisted living facility.
Burglary – Trespassing into an occupied structure or separately secured area with the intent to commit a criminal offense.
Vehicular Homicide – Causing the death of another person as a result of negligent or reckless driving.
Aggravated Vehicular Homicide – Occurs when a person causes the death of another person while operating a vehicle under specific aggravating circumstances, such as driving under the influence of alcohol or drugs, driving recklessly, or driving with a suspended license.

Ohio Misdemeanor Level Offenses of Violence

Endangering Children – Creating a substantial risk of harm to a child’s health or safety, including neglect or corporal punishment resulting in physical harm.
Aggravated Menacing – Knowingly causing another person to believe that they or someone they know will suffer serious physical harm.
Menacing by Stalking – Engaging in a pattern of conduct that causes another person to fear physical harm or mental distress.
Menacing – Knowingly causing another person to believe they or someone they know will suffer minor physical harm.
Inducing Panic – Causing public alarm or inconvenience by initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or another catastrophe, knowing that the report is false.
Domestic Violence – Knowingly causing or attempting to cause physical harm to a family or household member, or recklessly causing serious physical harm or threatening to cause harm.
Assault – Knowingly causing or attempting to cause physical harm to another person or recklessly causing serious physical harm.
Arson – Knowingly creating a substantial risk of physical harm to another person or their property by causing a fire or explosion.

How Are Offenses Of Violence Different Than Other Charges?

Offenses of violence differ from other criminal offenses in Ohio for several reasons:

When a bond is being set after arrest, Ohio courts are ordered to consider public safety, so judges tend to set bonds that are significantly higher than non-violent offenses.
Offenses of violence are not eligible to be expunged under Ohio law, with the exception of Assault, Inciting to violence, and Inducing panic, which can still be expunged.
Offenses of violence normally result in an order to stay away from the listed victim and often times protection orders.
Ohio now has a violent offender database, which carries violent offender database duties upon a finding that a defendant is a violent offender.

Penalties for a Violent Crime Conviction

In Ohio, penalties for violent crimes will often include lengthy incarceration and heavy fines, depending on the severity of the offense.

Misdemeanors convictions could lead to fines of up to $1,000 and 180 days in jail. Felony convictions, on the other hand, have more severe consequences. Fifth-degree felonies can lead to $2,500 in fines and up to 1 year in prison, while first-degree felonies can result in $20,000 in fines and up to 10 years in prison. A murder conviction may lead to life imprisonment or even the death penalty.

Defenses to Violent Crimes Charges

Every case is unique, and the defense strategy will depend on the specific circumstances of your case. At Moermond & Mulligan, LLC, we thoroughly investigate each case and identify potential weaknesses in the prosecution’s case. Some possible defenses to violent crime charges include –

Self-defense or defense of others – If you were acting to protect yourself or someone else from imminent harm, this defense may apply.
Mistaken identity – If you can prove that you were not the person who committed the crime, this defense may be successful.
Insufficient evidence – The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges, your case may be dismissed or result in an acquittal.
Constitutional violations – If your rights were violated during the investigation, arrest, or prosecution, this defense might lead to a dismissal or a reduction in charges.
Mental health considerations – In some cases, mental health issues may be a mitigating factor or a defense to the charges.

What is Marsy’s Law? How Does It Impact Violent Crimes Cases?

Marsy’s Law in Ohio is a constitutional amendment that was passed in November 2017 to strengthen and expand the rights of crime victims within the state. The Ohio Crime Victims Bill of Rights, or Marsy’s Law, is named after Marsalee (Marsy) Nicholas, a California woman who was stalked and killed by her ex-boyfriend in 1983. The law aims to ensure equal rights for crime victims and their families, giving them a voice throughout the criminal justice process.

Under Marsy’s Law in Ohio, crime victims have the following rights:

The right to be treated with fairness, dignity, and respect.
The right to be informed about their case, including any proceedings, developments, and the release or escape of the accused.
The right to be present at all public hearings in their case.
The right to be heard at any proceedings involving the release, plea, sentencing, disposition, or parole of the accused.
The right to restitution from the offender.
The right to reasonable protection from the accused.
The right to refuse an interview, deposition, or other discovery requests by the accused.
The right to confer with the attorney for the government.
The right to timely notice of all public proceedings.
The right to proceedings free from unreasonable delays.
The right to be informed of these rights.

Marsy’s Law can have several implications for individuals charged with a crime in Ohio, since it enhances the rights and protections afforded to crime victims. Some potential effects on your case might include:

Speedier trial process – Marsy’s Law entitles victims to proceedings free from unreasonable delays, which might result in courts prioritizing cases involving victims to ensure their rights are upheld.
Victim’s presence and input – Victims have the right to be present and heard at various stages of the proceedings, such as bail hearings, plea negotiations, sentencing, and parole hearings. This increased involvement may influence the court’s decisions and could potentially affect the outcome of your case.
Limited access to the victim – Marsy’s Law grants victims the right to refuse an interview, deposition, or other discovery requests made by the accused or their legal counsel. This limitation could affect your defense strategy, as it may hinder your ability to gather information and evidence from the victim directly.
More comprehensive victim notifications – Victims must be informed about their case’s progress, including any developments and the release or escape of the accused. This could result in heightened scrutiny and more stringent bail conditions or supervision requirements for the accused to ensure the victim’s safety.
Increased emphasis on victim restitution – Under Marsy’s Law, victims have the right to restitution from the offender. This right may lead to an increased focus on securing restitution as part of any plea agreement or sentencing outcome.

While Marsy’s Law enhances the rights of crime victims, it is essential to remember that the accused still has the right to a fair trial and due process. If you are charged with a crime, contact an experienced criminal defense attorney to help you navigate these complexities and protect your rights throughout the legal process.

Why Hire Moermond & Mulligan, LLC?

You should contact an attorney as soon as possible after being charged with a violent crime or upon learning you are under investigation. Early involvement of a lawyer could significantly impact how your case unfolds since they can assist in gathering evidence, identifying potential witnesses, and advising you on how to handle interactions with law enforcement.

At Moermond & Mulligan, LLC, our Cincinnati criminal defense attorneys understand the importance of acting quickly and providing effective representation to clients facing violent crime charges.

Don’t leave your fate to chance. Reach out to Moermond & Mulligan, LLC today to schedule a confidential consultation with one of our skilled Cincinnati defense lawyers. We will work tirelessly on your behalf, ensuring you receive the fair and just defense you deserve.

Violent Crimes Defense Lawyer in Cincinnati