What are the different degrees of domestic violence in Ohio?

When interpersonal disputes with family and household members get out of control, it isn’t uncommon for the police to get involved – and domestic violence charges to be filed. 

Ohio law classifies domestic violence offenses based on the severity of the alleged incident, your prior convictions and other specific circumstances surrounding the situation – which means that it isn’t always easy to understand what you are facing in court. Knowing more about the way Ohio treats domestic violence charges can, however, help you navigate your case and assist in your own defense more effectively. Here’s what you need to know:

What is “domestic violence” in Ohio?

Under Ohio Revised Code §2919.25, domestic violence occurs when someone allegedly commits any of the following acts against a family or household member:

• Knowingly causing or attempting to cause physical harm
• Recklessly causing serious physical harm
• By threat of force, knowingly causing the individual to believe they are in imminent danger of physical harm

It is important to remember that the law defines “family or household members” very broadly, including spouses, former spouses, individuals living together as spouses, parents, children and other blood or marital relatives living together under the same roof. 

What are the degrees of charges for domestic violence and their penalties?

The severity of a domestic violence charge in Ohio depends on several factors. Here is a breakdown of the different degrees of domestic violence offenses and their potential consequences:

• Fourth-degree misdemeanor: This charge applies if the alleged offense involves threats of  imminent physical harm without actual physical violence and there are no prior convictions. A conviction can result in up to 30 days in jail and a fine of up to $250.
• Third-degree misdemeanor: If the victim was pregnant when threatened with imminent physical harm and the offender knewthe victim  was pregnaqnt, then a conviction can lead to 60 days in jail and a $500 fine.
• Second-degree misdemeanor: If the accused has previously been convicted of threats and again makes threats of imminent physical harm, the charges increase – and the penalty can be up to 90 days in jail plus $750 in fines.
• First-degree misdemeanor: This charge applies if the accused has no prior convictions and knowingly caused or attempted to case physical harm or recklessly caused serious physical harm.. Potential penalties include up to six months in jail and a fine of up to $1,000.

In addition, domestic violence can also be charged as a felony-level offense, which is much more serious. Typically, domestic violence is treated as a felony when the accused has a history of similar offenses in the past, the victim suffered serious injuries or the victim suffered physical harm and was pregnant. This is true even when it is someone’s first offense.

A fifth-degree felony domestic violence conviction, which is the lowest-level felony tier, can generally result in up to a year in prison and a $2,500 fine. As the severity of the incident increases, so will the charges (and the potential consequences). A fourth-degree felony domestic violence conviction can lead to up to 18 months in prison and a $5,000 fine, while a third-degree felony domestic violence conviction can result in three years in prison plus $10,000 in fines.

There are a lot of nuances to these charges, and prosecutors often have a significant amount of discretion in how they proceed with a case. That makes it particularly critical to have an experienced legal team on your side from the start since they may be able to negotiate for lesser charges and reduced penalties even under the most difficult circumstances.