Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Certain crimes under Ohio law can be enhanced based on a prior conviction of a similar offense. Offenses like domestic violence, OVI, criminal damaging, menacing, public indecency, and violating a protection order are just some of charges that carry elevated penalties if you have a prior conviction for it. The Ohio Supreme Court, however, has held that it is fundamentally unfair to treat a juvenile adjudication as a previous conviction that enhances either the degree of or the sentence for a subsequent offense committed as an adult. State v. Hand, 2016-Ohio-5504.
The rationale behind this decision is that juveniles in Ohio are not able to have a jury trial to determine their guilt or innocence. As a result, the Court found it to be a due process violation to use a juvenile adjudication as a penalty enhancement for a subsequent adult charge.
How does a prior conviction enhance a new charge?
Prior convictions can be used to either enhance the penalty of a subsequent offense or to raise the level of a subsequent offense. For example, a defendant facing an OVI charge and who has a prior OVI conviction within the last 10 years faces more severe mandatory penalties than a defendant charged with an OVI who does not have any prior offenses. Even though both defendants would be facing first degree misdemeanors, the defendant with a prior OVI conviction is facing mandatory jail time, higher fines, and a longer license suspension.
Similarly, an individual with a prior domestic violence conviction and who is subsequently charged with another domestic violence would be facing a felony charge, whereas a defendant with no prior conviction would be facing a misdemeanor.
When can a prior juvenile conviction impact an adult charge?
The most often seen example of a prior juvenile conviction impacting an adult charge is for having weapons while under disability under Revised Code §2923.13. The statute prevents certain individuals from owning or possessing a firearm, including individuals who have been convicted of felonies for crimes of violence or drugs. This prohibition includes convictions regardless of whether they occurred as a juvenile or an adult. We have represented a number of individuals who did not realize that their juvenile felonies prevent them from owning or possessing a firearm and subsequently are facing a weapons under disability charge.
If you or someone you know needs a criminal defense lawyer, do not hesitate to contact the experienced attorneys at Rittgers Rittgers & Nakajima to schedule your free consultation today.