According to the CDC**, 1 in 4 women and 1 in 7 men experience some form of physical violence by their partner at some point during their lifetimes. About 1 in 3 women and 1 in 6 men experience sexual violence during their lifetimes.
Note: This article has no intention of dismaying or minimizing the serious nature of valid domestic violence charges, nor undermining the suffering of victims of intimate partner violence (IPV). It is intended to raise awareness and address the plight of the falsely accused.
Domestic Violence extends beyond physical harm.
Charges can result from physical, emotional, sexual, financial, mental or psychological, destruction of personal property, stalking, and cyberbullying. Whether the charges are misdemeanors or felonies depends on the allegations, the age of the individuals, and whether there were weapons involved.
Under duress, it is not uncommon for one party to call the police and fabricate a story in order to end a heated argument, retaliate, or try to gain an edge in pending child custody hearings. Once the charges are filed, they can not easily be retracted (dropped), and can adversely affect the life and future of the accused. The decision to go forward with charges is completely up to the State Prosecutor on the case.
Is Domestic Violence a Misdemeanor or a Felony?
Domestic Violence can be charged as a misdemeanor or a felony depending on the seriousness of the charge, and both are separated into degrees, First Degree being the most serious. For an offense that has caused physical harm to the alleged victim, a defendant can be charged with anything from a 1st-degree misdemeanor to a 3rd-degree felony. The threat of physical harm against an alleged victim can result in being charged with anything from a fourth-degree misdemeanor to a first-degree misdemeanor.
What are the Penalties of Domestic Violence in Ohio?
- 1st-degree misdemeanor – up to 6 months in jail and fines up to $1000
- 2nd-degree misdemeanor – up to 90 days in jail and fines up to $750
- 3rd-degree misdemeanor – up to 60 days in jail and fines up to $500
- 5th-degree felony – 6-12 months in prison and fines up to $2500
- 4th-degree felony – 6-18 months in prison and fines up to $5000
- 3rd-degree felony – 9 months -3 years in prison and fines up to $10,000
If the victim was pregnant at the time of the offense – minimum 6 months-1 year in prison
*depending on the severity of the incident
Hire an Experienced Domestic Violence Defense Attorney
Attorney Nathan Akamine is an experienced criminal defense lawyer that will work to dismiss or lessen the charges against you. As a private practice litigator and former Franklin County Prosecutor, he knows how to mitigate your charges and will personally work with you from start to finish.
** https://www.cdc.gov/violenceprevention/intimatepartnerviolence/fastfact.html
