There’s no easy answer to this question. Depending upon the circumstances (and the prosecutor’s inclinations), a domestic violence charge can be classified as either a misdemeanor or a felony.
Any domestic violence charge can have dramatic consequences for the accused, but the approach taken to your defense may be significantly different in each situation. Understanding the nature of your charges and what it means to be facing a misdemeanor or felony can help you better participate in your own defense.
Here is what you might expect in a domestic violence case
Prosecutors have a lot of leeway when deciding how to pursue a domestic violence charge. Such offenses are often called enhanceable crimes or “alternative felony/misdemeanor” charges because there is a possibility for the same offense to be charged as either a misdemeanor or a felony depending on what the prosecutor believes they can accomplish in court and based on a defendant’s prior convictions and criminal history.
Ohio Revised Code §2919.25 does offer some guidance on what a defendant might expect. You are likely to be charged with:
- A first degree misdemeanor or a third degree felony: When you are accused of recklessly causing serious physical harm or knowingly causing physical harm to a family or household member, assuming there are no additional or “aggravating” factors in play. This charge would typically be a first-degree misdemeanor but could be enhanced to aa third degree felony with two prior domestic violence convictions.
- A second degree misdemeanor: When you are accused of knowingly making threats that cause a member of your family or household to fear actual imminent physical harm and you have previously been convicted of a similar offense (including cases where you accepted a plea deal in the past).
- A fourth degree misdemeanor: When you are accused of merely threatening a family or household member with imminent physical harm, assuming there are no additional aggravating factors (like the use of a weapon) or prior convictions.
- A fourth degree felony: When you are accused of recklessly causing serious physical harm or knowingly causing physical harm to a family or household member, and you have a single prior conviction for a similar offense.
- A fifth degree felony: When the alleged victim was pregnant at the time of the incident and you were aware of that fact, and you are accused of either recklessly causing serious physical harm or knowingly causing physical harm to a family or household member. This offense carries a mandatory prison term.
It’s important to understand that even a misdemeanor domestic violence conviction can result in jail time, but felony-level convictions could involve prison, some of which could even be a mandatory prison sentence. This is in addition to the potential fines, the loss of your right to own firearms and the damage to your future. That makes the stakes very high for felony defendants, in particular.
The state of Ohio takes domestic violence cases very seriously, and the consequences for those convicted can be severe – whether the charge is a misdemeanor or a felony. Given the seriousness of the charges, it’s critical for anyone accused of domestic violence to seek legal guidance so that they can protect their rights, navigate the complex issues involved in the criminal justice system and work toward the best possible outcome in their case.