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Misdemeanor Defense

The Law Office of Seth R. Smith LLC
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The Law Office of Seth R. Smith LLC|33 West Main Street, suite 108, Newark, OH 43055|(740) 739-7451

Domestic Violence

Domestic Violence charges can be complicated.  There are two sides to every story and unfortunately, whoever calls the police tends to get their story told first. We do our best to unravel false narratives and let the truth come to light.

Often the alleged “Victims” have something to gain from the case. Sometimes it’s revenge on a cheating spouse.  In others, a Domestic Violence allegation gives them the upper hand in a custody battle. We take all of this into consideration to figure out what the police couldn’t: the truth.

Woman sits curled up on a couch

What is Domestic Violence?

Section 2919.25 of the Ohio Revised Code states a person commits Domestic Violence when they do one of the following: 

  • No person shall knowingly cause or attempt to cause physical harm to a family or household member;
  • No person shall recklessly cause serious physical harm to a family or household member; or
  • No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member
wooden figures in a circle around a purple ribbon

Who Is Involved?

A family or household member means any of the following who is residing or has resided with the offender:

  • A spouse, a person living as a spouse, or a former spouse of the offender;
  • A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
  • A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.

Alternatively, it can be the natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

gavel and scales

Collateral Consequences

There are many collateral consequences to a conviction of Domestic Violence such as:

  • Loss of employment/inability to obtain employment
  • Loss of housing/inability to obtain housing
  • Child Custody issues
  • Loss of Professional Licenses
  • Immigration status
  • Loss of firearms rights
  • May be unable to seal/expunge

Penalties for a Domestic Violence

Maximum sentences for each grade of crime in Ohio and some examples of domestic violence offenses that fall into such categories are as follows:

Misdemeanor of the Fourth Degree

Convictions are punishable by up to 30 days in jail and a fine of up to $250.  For example: Menacing.

Misdemeanor of the Third Degree

Convictions are punishable by up to 60 days in jail and a fine of up to $500. For example: negligent assault and sexual imposition.

Misdemeanor of the Second Degree

Convictions are punishable by up to 90 days in jail and a fine of up to $750.  For example: Repeat domestic violence in which the alleged offender threatened and caused a family or household member to believe that the alleged offender would cause imminent physical harm.

Misdemeanor of the First Degree

Convictions are punishable by up to 180 days in jail and a fine up to $1,000.  For example: aggravated menacing, menacing by stalking, simple assault, endangering children, and violation of protection order.

Felony of the Fifth Degree

Repeat violations of a protection order are a fifth-degree felony. Convictions are punishable by up to one year in prison and a fine of up to $2,500.

Felony of the Fourth Degree

Convictions are punishable by up to 18 months in prison and a fine of up to $5,000.  For example: repeat menacing by stalking, aggravated assault, repeat endangering children, and unlawful sexual conduct with a minor.

Felony of the Third Degree

Convictions are punishable by up to five years in prison and a fine of up to $10,000.  Endangering children resulting in serious physical harm to the child, violation of protection order while committing a felony, and sexual battery.

Felony of the Second Degree

Convictions are punishable by up to eight years in prison and a fine of up to $15,000.  For example:  felonious assault, child abuse resulting in serious physical harm to the child, and sexual battery when an alleged victim is less than 13 years of age.

Felony of the First Degree

Convictions are punishable by up to 11 years in prison and a fine of up to $20,000.  For example: Rape.

Assault

Were you charged with an Assault? We can help!  Whether it was a street brawl, bar fight, or misunderstanding, we have your back.  

closeup of a clenched fist

What is Assault?

Section 2903.13 of the Ohio Revised Code defines Assault as either of the following:

  • No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
  • No person shall recklessly cause serious physical harm to another or to another's unborn.

Prosecutors will often charge Assault with Domestic Violence in order to create leverage in their case.  Do not let the initial charges fool or confuse you.  Call today!

female judge lowering a gavel

Penalties for an Assault Conviction

Assault is typically a first-degree misdemeanor.  The penalties include a jail sentence of up to 180 days, a fine of up to $1,000, and community control (probation) for up to five years.

Please keep in mind that misdemeanor assaults are easily enhanced into other, more serious felony assaults.

Misdemeanor Drug Offenses

There’s no such thing as a small drug case.  A conviction of almost any crime can mean jail time, probation, fines, issues with employment, and whole lot of other junk that no one has time for. Don’t let one slip up define your whole life.

Common Misdemeanor Drug Charges

marijuana and spliffs

Marijuana Offenses

Typically marijuana possession or cultivation is a misdemeanor if the amount of marijuana involved is less than 200 grams.

clear crystals with a spoon, lighter, and needle

Possessing Drug Abuse Instruments

It is illegal to make, obtain, or use anything that has the primary purpose of administering dangerous drugs. This is a second-degree misdemeanor offense, which carries a maximum penalty of 90 days in jail and five years of probation.

marijuana pipe with a lighter in front of a fire pit

Drug Paraphernalia Possession or Use

It is illegal to possess, sell, or manufacture (with the purpose to sell) drug paraphernalia. Drug paraphernalia is anything intended or designed to be used with controlled substances. Drug paraphernalia is a 4th-degree misdemeanor if relating to a controlled substance. If the paraphernalia is related to marijuana, it’s a minor misdemeanor. A drug paraphernalia conviction also carries a possible driver's license suspension.

pills spilling out of a prescription bottle

Possessing Controlled Substances

It is illegal to possess controlled substances without a valid prescription. Controlled substances are categorized by the DEA in “schedules.” The schedules range from Schedule V to Schedule I. If the controlled substance involved is in Schedule III, Schedule IV, or Schedule V and is less than the bulk amount, the offense is a misdemeanor of the first degree. A misdemeanor of the first degree carries a maximum penalty of six months in jail, five years of probation, and a $1,000 dollar fine. If the drug is Schedule I, Schedule II, or is over the bulk amount, possession becomes a felony offense.

Misdemeanor Property Offenses

These offenses often arise out of poor judgement. The Defendant may have meant his actions in good fun. Maybe they just grabbed something from Walmart for the thrill. Property offenses tend to be more about making the victim whole than punishing the accused. Let us talk your way out of this. Or better yet, prove your innocence.

person holding a blunt weapon walks away from a burning vehicle

Criminal Damaging

Criminal Damaging is typically a misdemeanor of the second degree under Ohio Revised Code § 2909.06 when a person causes or creates a substantial risk of physical harm to any property of another without the other person's consent either:

  • Knowingly, by any means; or
  • Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

 If a violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree.

man in a supermarket puts an item into his jacket

Petty Theft

Typically a misdemeanor of the first degree under Ohio Revised Code § 2913.02.  Petty theft occurs when the price of the property is less than $1,000.  

hands striking a match

Arson

Arson is generally a misdemeanor of the first degree, although enhanceable to a felony if the property is worth over $500.

Criminal Mischief

Criminal Mischief can come in many iterations, but is generally the moving, defacing, damaging, destroying, or otherwise tampering with the property of another. It is normally a misdemeanor of the third degree, however it can be enhanced.

Chain link fence with a sign reading,

Criminal Trespassing

Criminal Trespassing is normally a misdemeanor of the fourth degree, however it can be enhanced. It is also usually when a person knowingly enters on the land or premises of another.

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