Domestic Violence Attorney In Central Ohio

A Domestic Violence charge often comes with additional considerations beyond the criminal penalties. The same can be true for Assault charges. In addition to the typical concerns in any criminal case, Domestic Violence and Assault charges often result with the filing of various types of protection orders. These are court orders which prevent you from having contact with an alleged victim by imposing additional penalties when they are violated. In Domestic Violence cases, these orders can also prevent you from having contact with other family members or require you to move out of your residence while the case is pending. These orders are often initially granted without giving you any opportunity to be heard. While there may have been good grounds for a court to require it, living with one of these orders in place can often create serious burdens for you or other family members. In some circumstances, these orders can be amended or dismissed.

A conviction for domestic violence or the granting of some protection orders can impact other areas not directly related to the circumstances that led to the charge – such as your ability to possess firearms under federal law. Understanding if, how, or when you may again exercise your right to possess firearms requires an in person consultation.

Domestic Violence occurs when:

  • a person knowingly causes or attempts to cause physical harm to a family or household member;
  • recklessly causes serious physical harm to a family or household member;
  • or by threat of force, knowingly causes a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

A Domestic Violence charge is typically filed as a fourth degree misdemeanor or a first degree misdemeanor. There are circumstances where the charge can be elevated to a fifth, fourth, or even third degree felony – some of which can carry mandatory prison sentences.

Assault occurs when:

  • a person knowingly causes or attempts to cause physical harm to another or to another’s unborn; or
  • a person recklessly causes serious physical harm to another or to another’s unborn.

This type of assault is always filed as a first degree misdemeanor. There are other more serious types of assault.

Felonious Assault occurs when a person:

  • Causes serious physical harm to another or to another’s unborn;
  • Causes or attempts to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance.
  • with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, knowingly:
    • Engages in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
    • Engages in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
    • Engages in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.

Felonious Assault can be filed a first or second degree felony.

Aggravated Assault occurs:

  • when a person under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, knowingly:
    • Causes serious physical harm to another or to another’s unborn;
    • Causes or attempts to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

Aggravated Assault can be filed as third or fourth degree felony.

Crimes of violence like this can be some of the most serious cases that a court will deal with.  While these charges can turn out to be something less than what they initially appear once a complete picture of the circumstances is presented, the initial stages of a case can be very disruptive to a person’s day to day affairs.  Navigating this stage is critical to successfully dealing with these types of charges.

I have successfully represented many people facing both misdemeanor and felony Domestic Violence and Assault charges throughout central Ohio.  I currently practice in Pickaway, Ross, Fairfield, Madison, and Fayette and Pike counties. 

Call O’Leary Law at 740.474.4411

Call for a free phone consultation.