There are various degrees of assault under Ohio law, which can constitute misdemeanors or felonies depending on a number of factors. The most serious is felonious assault. These cases are an assault where either a deadly weapon was used or which resulted in serious injuries. The most serious is an assault on a police officer which is a first degree felony, otherwise felonious assault is typically charged as a second degree felony. These cases carry a presumption of prison and a sentence of anywhere from 2-8 years. In order for the State to meet its burden it must show that a person intentionally acted in a way to injure another either by using a deadly weapon (which is a very broad term) or that resulted in serious injuries (again a very broad term). There are some defenses available, such as self defense, defense of others, or that it was an aggravated assault brought on by special circumstances. An experienced attorney can identify what issues may be present and develop a strategy for resolving these cases.
Aggravated assault is a fourth degree felony. It is essentially the same as felonious assault, only that the incident was brought on by the heat of the moment or some other aggravating circumstance which would make it less serious than a typical felonious assault case.
Finally, there is normal assault. This is a misdemeanor of the first degree and can result in six months in jail and a $1000 fine. These are cases where a fight occurred and someone either intended to cause physical harm or threatened to cause it. There is no requirement that it be serious physical harm for an assault charge to be brought against you.
It is important that you contact an attorney if facing any of these charges. Aside from the typical penalties these offenses may have other long-term consequences that could jeopardize your ability to work, obtain a job, carry a firearm, coach a child’s team, and many other things.
Theft and Property crimes can be charged as both misdemeanors and felonies, depending on the value of the property. In Ohio, the threshold is typically $500 when it becomes charged as a felony. There are exceptions to this, however, for crimes involving elderly and disabled, crimes in office, identity theft, and other exceptions. Other crimes in this category include grand theft, breaking and entering, robbery, nuisance, identity theft, fraud, forgery, and trespass cases.
These crimes can be very serious, can lead to jail or prison sentences, can prevent you from certain types of employment, and can lead to you being trespassed, or banned, from being on certain properties. Even a simple shoplifting case involving only a few dollars worth of goods is a first-degree misdemeanor and can result in six months in jail.
The Attorneys at Deal & Hooks have handled theft and property crimes ranging from misdemeanors to serious felonies. We have successfully resolved them prior to a trial, resulting in dismissals, at trial and on appeals. We will work with you to identify a strategy that gives you the best chance of successfully defending the charges.
Probably the largest portion of criminal cases we handle at Deal & Hooks are drug offenses. These range from minor misdemeanor possession of marijuana all the way to a first degree felony for drug possession and trafficking. Potential penalties vary depending on the charge, but even the smallest offense carries significant penalties.
We have represented clients charged with possession of drug paraphernalia and prescription medicine in various municipal courts throughout Ohio. Likewise, we have represented people charged with possession of crack, cocaine, heroin, LSD, meth, felony possession of marijuana, pills, trafficking, engaging in a pattern of corrupt activity, illegal manufacture, and tampering with prescriptions throughout Ohio. We have successfully represented them at numerous stages from pre-indictment to appeals. Finally, we have successfully defended at the trial and appellate level those charged with violating federal drug laws. Mr. Hooks successfully vacated two life sentences on appeal for an individual convicted of possession of meth with a mandatory life sentence.
Domestic violence offenses are serious charges that can have a significant impact. Even a misdemeanor conviction where you are not sentenced to jail can have long-ranging effects. A conviction can bar you from owning a firearm, coaching your child’s sporting team, serving in the military, getting the job that you wanted. Even more seriously, if you have a prior conviction for domestic violence it can be used to enhance a subsequent incident and make it a felony. If facing a charge of domestic violence you need to consult with an experienced attorney promptly. The unfortunate reality is that in the heat of the moment there are times when false allegations are made, police are called out, and the person is arrested. Most police departments have a policy of arresting a person who is being accused of domestic violence, even when no physical injuries are observed.
Our attorneys have handled domestic violence cases in both the misdemeanor and felony level. We have been successful in having charges dismissed, or reduced. We know what issues are out there that may preclude the use of a prior conviction, which is essential in reducing it from a felony. Additionally, we can identify other issues in the offense that may lead to the case being dismissed outright. If facing these charges you should contact us to set up an appointment to discuss your options.