Common Domestic Violence Charges
In the State of Ohio several criminal offenses constitute domestic violence, although the specific statutes might not state an individual has committed domestic violence by committing this particular act. For example, courts have determined forcible rape constitutes domestic violence although Ohio Revised Code § 2919.25 does not specifically state rape is domestic violence. Domestic violence encompasses any crime in which the perpetrator:
- Knowingly caused or attempted to cause physical harm to a family or household member;
- Recklessly caused serious physical harm to a family member; or
- By threat or violence knowingly caused a family or household member to believe the offender will cause imminent physical harm
Columbus Domestic Violence and Related Offenses Lawyer
Domestic violence encompasses a wide array of offenses. It is important to consult an experienced domestic violence attorney immediately following any allegation of domestic violence. Contact Joslyn Law Firm and (614) 444-1900 to discuss your case with an experienced attorney. Brian Joslyn is a qualified and dedicated criminal defense attorney who will make certain that you are well taken care of during this difficult and stressful time in your life. With a strict adherence to protecting your rights and providing excellent client service, working with Brian will give you the opportunity to successfully argue your case. Call (614) 444-1900 or send an online message to schedule a free and confidential consultation to discuss the specifics of your case today. Brian Joslyn proudly represents individuals accused of criminal acts in the central Ohio counties of Delaware, Franklin, Madison, Licking, Fairfield, and Pickaway.
Ohio Domestic Violence Related Offenses Information Center
Many crimes constitute domestic violence, including the following:
- Aggravated Assault
- Felonious Assault
- Sexual Imposition
- Sexual Battery
- Unlawful Sexual Conduct with a Minor
- Aggravated Trespass
According to Ohio Rev. Code § 2903.13 assault occurs when a person knowingly causes or attempts to cause physical harm to another or another person’s unknown child or an individual recklessly causes serious physical harm to another or another person’s unborn child. The classification and penalty for assault vary depending on the facts of the case. “Simple” assault is a first degree misdemeanor, which carries a penalty of up to six months imprisonment and/or $1,000 fine.
Aggravated assault is also considered domestic violence when the offender causes serious physical harm against a family or household member or attempts to cause physical harm by means of deadly weapon or dangerous ordnance while under the influence of sudden passion or in a sudden fit of rage, which is brought on by serious provocation occasioned by the victim. Aggravated assault is a felony of the fourth degree. An individual convicted of aggravated assault faces up to eighteen months and/or fines up to $5,000.
Felonious assault occurs when an individual causes serious physical harm to another or to another’s unborn or causes or attempts to cause physical harm to another or another’s unborn child by means of a deadly weapon or dangerous ordnance. An individual can also be charged with felonious assault if that individual has knowledge that he or she has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome (AIDS) and knowingly engages in the following:
- Sexual conduct without disclosing knowledge of the positive AIDS test;
- Sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks mental capacity to appreciate the significance of the offender’s positive AIDS test;
- Sexual conduct with a person under the age of eighteen, who is not the spouse of the offender.
Felonious assault is a second degree felony. An individual convicted of felonious assault faces up to eight years imprisonment and/or fines not to exceed $15,000.
Sexual imposition encompasses sexual contact that occurs against the other person’s will. An individual is considered to have committed the offense of sexual imposition when he or she has sexual contact with a person (not their spouse), caused another person (not their spouse) to have sexual contact with them, or caused two or more persons to have sexual contact when the following conditions exist:
- Offender knew the sexual contact was offensive or conduct was reckless;
- Offender knew the other person’s ability was substantially impaired;
- Offender knew the other person was unaware of the sexual contact;
- Offender was at least eighteen years of age and the other person with which he or she had sexual contact was four or more years younger. (This applies when the other person is between the ages of thirteen and sixteen); or
- Offender is a mental health professional who induced a client or patient to believe sexual conduct was necessary for mental health treatment.
First offense sexual imposition is a third degree misdemeanor, punishable up to sixty days in jail and/or $500 in fines. An individual with previous convictions for sexual imposition may be charged with a first degree misdemeanor, which is punishable up to 180 days in jail and/or $1,000 in fines.
Ohio Rev. Code § 2907.03 prohibits sexual conduct of another person (not the offender’s spouse) under the following circumstances:
- Offender knowingly coerces the other person to submit by any means that would prevent resistance of a person of ordinary resolution;
- Offender knows the other person’s ability to appraise the nature or person’s own conduct is substantially impaired;
- Offender knows the other person submits because he or she is unaware the sexual conduct is being committed;
- Offender knows that the other person submits because the other person mistakenly identifies as the offender as the other person’s spouse; or
- Offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
There are thirteen provisions that constitute sexual battery; however, the aforementioned provisions are the most common offenses that constitute domestic violence. Generally, sexual battery is a felony of the third degree, punishable up to five years imprisonment and/or fines not to exceed $10,000.
Ohio’s rape statute encompasses both “forcible” rape and prohibited sexual conduct with persons whom are not the offender’s spouse. Generally, no person shall engage in forcible rape or sexual conduct with another when the offender purposely compels the other person by threat or force according to Ohio Rev. Code § 2907.02(A) (2). This statute applies irrespective of the offender and other person’s relationship. The general rape statute, Ohio Rev. Code § 2907.02(A)(1), prohibits an offender to engage in sexual conduct with a person not his or her spouse (or if the other person is the spouse, he or she lives separate and apart from the offender) if the following applies:
- For the purpose of preventing resistance, the offender substantially impairs the other person’s judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
- The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
- The other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
Like sexual battery, rape is a third degree felony, punishable up to five years imprisonment and/or fines not to exceed $10,000.
An individual, eighteen years or older, may be charged with unlawful sexual conduct with a minor if he or she engages in sexual conduct with a person, not his or her spouse, who he or she knows is between the ages of thirteen and sixteen years of age. Generally, unlawful sexual conduct of a minor is a felony of the fourth degree, punishable up to eighteen months imprisonment and/or fines up to $5,000. However, if the offender is more than ten years older than the other person, a conviction for unlawful sexual conduct with a minor is a third degree felony, punishable by up to five years imprisonment and/or fines to exceed $10,000. If the offender is less than four years older than the other person, the conviction for unlawful sexual conduct with a minor is a misdemeanor of the first degree. Maximum punishments can include jail time up to 180 days, and/or a fine up to $1,000.
All domestic violence offenses do not require the offender to cause physical harm to the victim. A crime can constitute domestic violence if the offender attempts physical harm or by threat or violence knowingly caused a family or household member to believe the offender will cause imminent physical harm. Aggravated trespass is one of those offenses. An individual may be convicted of aggravated trespass if it is proven that that he or she entered or remained on the land or premises of another person with purpose to commit a misdemeanor, which involves causing physical harm to another person or causing another person to believe the offender will cause physical harm. Aggravated trespass is a first degree misdemeanor, punishable up to 180 days impisonment and/or a fine up to $1,000.
Joslyn Law Firm | Franklin County Domestic Violence Lawyer
Domestic violence defense is a complex process. Each criminal charge has its own legal elements or requirements for conviction. It is highly recommended to consult a proven criminal defense attorney to prepare a quality defense. Attorney Brian Joslyn is an experienced criminal defense attorney. He proudly represents clients faced with complex criminal issues, including domestic violence. He and the team of attorneys at Joslyn Law Firm will work tirelessly to prepare the best defense in your case. The Joslyn Law Firm represents clients throughout the state of Ohio, including Columbus, Sunbury, Dublin, Reynoldsburg, Worthington, Groveport, Plain City, Heath, Granville, Baltimore, Bremen, South Bloomfield, New Holland and Commercial Point.