Lawyers for Violent Crimes Charges
A conviction for a crime of violence in Dayton can lead to very serious penalties and repercussions, including jail or prison time, a possibly permanent criminal record, steep fines, ineligibility to receive certain types of government aid or assistance, an inability to own or possess a firearm, ineligibility to pursue certain occupations or professions, and/or an inability to be admitted into certain educational programs.
If you have been charged with a violent crime, this does not necessarily mean you will be convicted of an offense. The prosecution is required to prove you committed every element to your alleged violent crime offense beyond a reasonable doubt. This is a very difficult burden of proof to meet, and even the slightest doubt cast in the mind of the judge or jury could result in a reduction or complete dismissal of the charges against you. Therefore, it is important to hire an experienced Dayton criminal defense lawyer who will begin crafting the best legal strategy for your particular situation.
Violent Crime Defense Lawyer in Dayton, OH
Contact the Joslyn Law Firm for a consultation today about your alleged violent crime offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of Ohio’s violent crime laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Either he or one of his experienced Dayton violent crime defense attorneys can sit with you and discuss your legal options in detail. Contact the Joslyn Law Firm for a free consultation at (937) 356-3969 if you have been charged with a violent crime throughout Dayton, Ohio.
Joslyn Law Firm accepts clients throughout Montgomery County including Miamisburg, Centerville, Vandalia, Englewood, Moraine, Dayton and Brookville.
Dayton Violent Crimes Information Center
- What Qualifies as a Violent Crime in Ohio?
- Dayton Violent Crimes
- Violent Crime Penalties in Dayton
- Is Burglary a Violent Crime in Ohio?
- Defenses to Violent Crimes in Dayton
- Dayton Violent Crime Resources
What Qualifies as a Violent Crimes in Ohio?
Violent crimes in Ohio are offenses where the defendant used or threatened to use deadly force upon the victim. What’s violent about violent crimes is that they can have different motivations. This is very different from other types of crimes such as theft, where all offenders share the same motive which is to steal for a personal gain. People who commit violent crimes do so for a variety of reasons such as satisfying a sexual desire, stealing from another person, to humiliate or scare someone, or even to intentionally inflict harm.
The penalties for a violent crime range from a light jail sentence to more serious consequences such as life in prison. However, the majority of violent crimes are classified as felonies. The state of Ohio classifies them this way in an effort to protect the public from violent offenders. Because of the serious nature of a violent crime, it’s highly recommended you secure legal representation if you’ve been charged with a type of violent crime.
Violent Crime Laws in Ohio
Assault – Ohio Rev. Code § 2903.13:
- An individual can be charged with this offense if they knowingly cause or attempt to cause physical harm, or serious physical harm, to another person. This offense is generally punishable as a misdemeanor of the first degree, felony of the third degree, felony of the fourth degree or felony of the fifth degree.
Aggravated Assault – Ohio Rev. Code § 2903.12:
- An individual can be charged with this offense if they cause serious physical harm to another person, or cause or attempt to cause physical harm to another person through the use of a deadly weapon when provoked or in the heat of passion or rage. This offense is generally punishable as a felony of the third degree or felony of the fourth degree.
Robbery – Ohio Rev. Code § 2911.02:
- An individual can be charged with this offense if, during the commission of a theft offense, they:
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- Have a deadly weapon on their body or under their control;
- Inflict, attempt to inflict, or threaten to inflict physical harm on another person;
- Use or threaten to use immediate force against another person during the commission of the offense, the attempt of the offense, or while fleeing from the offense.
- Robbery is generally punishable as a felony of the third degree, felony of the second degree or felony of the first degree.
Kidnapping – Ohio Rev. Code § 2905.01:
- An individual can be charged with this offense if they restrain the liberty of another person through force, threat or deception, or by any means if the victim is under 13 or mentally incompetent in order to:
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- Commit any felony;
- Engage in sexual activity with the victim against their will;
- Hold the person for ransom, or as a shield or hostage;
- Keep in involuntary servitude;
- Obstruct a governmental functional; or
- Terrorize or inflict serious physical harm on the victim or another person.
- Kidnapping is generally punishable as a felony of the first or second degree.
Voluntary Manslaughter – Ohio Rev. Code § 2903.03:
- An individual can be charged with this offense if they knowingly cause the death of another person when:
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- In the heat of passion or rage, or
- Seriously provoked by the victim.
- Voluntary manslaughter is generally punishable as a felony of the first degree.
Involuntary Manslaughter – Ohio Rev. Code § 2903.04:
- An individual can be charged with this offense if they cause the death of another person when:
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- During the commission or attempt to commit a felony, or
- During the commission or attempt to commit a misdemeanor or other regulatory offense.
- Involuntary manslaughter is generally punishable as a felony of the first degree or a felony of the third degree.
Murder – Ohio Rev. Code § 2903.02:
- An individual can be charged with this offense if they cause the death of another person on purpose, or if they cause the death of another person during the commission of a first or second degree felony.
Is Burglary a Violent Crime in Ohio?
The short answer is yes, burglary is considered a violent offense in Ohio. The reason for this is that the crime involves force to enter into a building, car, or other type of structure. To obtain a conviction, the prosecution must prove the defendant actually entered the building and then had the intent to commit a crime therein. Without sufficient proof of these elements, the prosecutor won’t be able to secure a conviction for burglary.
The crime of breaking and entering, on the other hand, isn’t considered a violent offense. The reason for this is because the prosecution only has to prove the defendant forcibly broke into a structure or vehicle. Unlike burglary, where the prosecution must also prove the defendant had intended to commit a crime. Because breaking and entering doesn’t involve any possible violence from an intended crime, it’s considered a property offense rather than a violent one.
Violent Crime Penalties in Dayton
The penalties for violent crimes in Ohio are listed in the Ohio Revised Code as:
- Misdemeanor of the First Degree – This degree of violent crime can result in up to 180 days in jail and/or a fine up to $1,000.
- Felony of the Fifth Degree – This degree of violent crime can result in a prison sentence ranging from six months to one year and/or a fine up to $2,500.
- Felony of the Fourth Degree – This degree of violent crime can result in a prison sentence ranging from six to 18 months and/or a fine up to $5,000.
- Felony of the Third Degree – This degree of violent crime can result in a prison sentence ranging from one to five years and/or a fine up to $10,000.
- Felony of the Second Degree – This degree of violent crime can result in a prison sentence ranging from two to eight years and/or a fine up to $15,000.
- Felony of the First Degree – This degree of violent crime can result in a prison sentence ranging from three to ten years and/or a fine up to $20,000.
An individual who is convicted of or pleads guilty to an aggravated murder offense can be sentenced to death or life imprisonment and/or a fine of $25,000. If the murder was sexually motivated or the victim was under the age of 13, the alleged offender can face a mandatory prison sentence.
An individual who is convicted of or pleads guilty to murder can face a prison sentence ranging from 15 years to life and/or a fine up to $15,000. The alleged offender can face a mandatory prison sentence if the murder was sexually motivated or the victim was under the age of 13.
Although these are the basic statutory penalties for violent crimes in Ohio, the penalties can increase depending on a variety of factors, such as:
- Whether the alleged offender caused death or serious bodily injury;
- Whether the alleged offender has a previous criminal history;
- The status of the victim; and/or
- The degree of the offense.
Defenses to Violent Crimes in Dayton
If you have been accused of a violent crime in Ohio, certain mitigating factors or defenses may be available in your particular case that can lead to a reduced sentence or even result in a complete dismissal of the charges against you. However, the following defenses are not available in every situation, so it is important to consult with an experienced criminal defense attorney to help you determine if any of the following may apply to your particular situation:
- Defense of Others – An individual may use physical force against another person in order to defend a third person if they reasonably believe the third party would be harmed.
- Defense of Property – An individual may use force against another person if they reasonably believe that person was committing or about to commit damage to property. Deadly force may be justified against an intruder if the individual reasonably believes the intruder was about to commit a crime after unlawfully entering a home, residence or occupied vehicle.
- Justification – This defense is applicable to certain actions that would normally be considered a criminal offense, but are not because the conduct was required or authorized by law. Justification for committing a violent crime may also apply if the action is necessary in an emergency to prevent immediate public or private injury.
- Self Defense – An individual may be able to use deadly or non-deadly force against another person who uses force against them first , and they reasonably believe that person’s conduct was about to cause them death or serious bodily injury.
Dayton Violent Crime Resources
Ohio Revised Code – Many violent crime offenses and penalties are defined in Title 29 of the Ohio Revised Code, including assault, aggravated assault, kidnapping, robbery, murder and manslaughter.
The Innocence Project – This organization aims to exonerate individuals who have been wrongfully convicted of crimes of violence through DNA testing and seeks to reform the criminal justice system in order to prevent continued injustices in the system.
Ohio Attorney General – This website provides information and resources on many crimes throughout the state of Ohio, in addition to providing information on victims’ compensation for victims of violent crimes.
The National Center for Victims of Crime – This national organization assists crime victims by serving individuals, families and communities that have been harmed by crimes of violence, in addition to providing information and resources on crimes of violence.
Montgomery County Sheriff’s Department – The goal of the Montgomery County Sheriff’s Office is to respond to the community’s needs and make the county a safe place by investigating crime reports and enforcing the laws of the state. The sheriff’s department can be contacted at:
Montgomery County Sheriff345 W. second St.
Dayton, OH 45422
Phone: (937) 496-7975
Dayton Violent Crime Lawyer in Ohio | Montgomery County
If you have been accused of a violent crime throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is a knowledgeable Dayton criminal defense lawyer who will make every effort to find defenses or mitigating factors to your particular violent offense. He or one of his skilled Montgomery County violent crime lawyers will review your case with you and develop a defense plan right then and there. Contact the Joslyn Law Firm at (937) 356-3969 today for a free consultation about your alleged violent crime in the greater Dayton and Montgomery County, Ohio area.
