Defending Cleveland

Defending Cleveland

Cleveland Criminal Lawyer

Being charged with a crime – whether a misdemeanor or felony – should always be taken seriously. This is especially true in Ohio where prison sentences can be harsh and judges have discretion on what penalties can apply to convictions for felonies and misdemeanors.
If you have been charged with a crime in Cleveland, OH, contact an experienced Cleveland criminal lawyer to review the charges against you and determine what legal defenses might apply to your situation.

 

Ohio Criminal Charges

Ohio recognizes many types of crimes including murder, kidnapping, manslaughter, rape (criminal sexual conduct), and a host of others. However, some of the most common types of criminal charges that 

OVI:

Impairment for operating a vehicle under the influence (OVI) is inferred when someone’s blood alcohol concentration (BAC) level is 0.08% or higher, or contains a certain percentage of illegal drugs. For The implied consent laws provide law enforcement with a blood, breath, or urine test to determine BAC levels under Ohio law.  All persons arrested for OVI have the right to refuse the test.  However, anyone who refuses will lose their license. This license suspension may be challenged by a Cleveland criminal lawyer and driving privileges may be obtained.

Theft:

According to R.C. 2913.02, Ohio classifies theft offenses as larceny and defines them as the unlawful taking of property (or services) belonging to someone else with the intent to permanently deprive the person of that property. There are essentially three categories of larceny:
Petit larceny. Known as petty theft, this involves stealing property or services with values $1,000 or less. It is considered a misdemeanor and can result in fines and imprisonment up to 30 days.

  • Theft – stealing property or services valued between $1,000 and $7,500. This is a felony and can result in a minimum of six months in prison.
  • Grand Theft – stealing property or services valued between $7,500 and $150,000. This a felony and can result in a minimum of six months.
  • Aggravated Theft – 
    • stealing property or services valued between $150,000 and $750,000. This a third-degree felony and can result in a minimum of one year; 
    • stealing property or services valued between $750,000 and $1.5 million. This a second-degree felony and can result in a minimum of two years;
    • Stealing property of services valued above $1.5 million. This is a first-degree felony and cany result in a minimum of three years.

Assault

Ohio recognizes four assault charges. According to R.C. 2903.11-.14, these consist of:

  • Felonious Assault (FA): FA is the most serious of all charges as it involves actual or attempted serious bodily harm to a person, or their unborn, in a manner which was likely to produce death or great bodily injury. This also includes use of dangerous weapons, and the knowing transmission of HIV-AIDS. FA is a felony of the second degree and may result in a minimum of two years in prison.
  • Aggravated Assault (AA): AA involves serious physical harm to a person or their unborn child, when the offender is acting under the influence of sudden passion or in a sudden fit of rage that is reasonably sufficient to incite the person into using deadly force. It is a felony of the fourth degree and may result in a minimum of six months in prison.
  • Assault: Assault involves causing or attempting to cause physical harm to a person or their unborn child. It also applies to caretakers who fail to care for the functionally impaired. It is a felony of the fourth degree and may result in a minimum of six months in prison. Certain factors, such as the occupation of the victim; mental capacity of the victim; and location of the assault may increase the penalties for assault.
  • Negligent Assault (NA): NA involves negligently causing physical harm to a person, or their unborn, by means of a deadly weapon or dangerous ordnance. It is a misdemeanor of the third degree and may result in up to 60 days of incarceration.

Regardless of the charge, it is critical to remember that there are likely legal defenses to every situation and additional information that might arise from a separate, pre-trial investigation conducted by an experienced Cleveland criminal defense attorney.

How a Cleveland Criminal Attorney Can Help

Anyone charged with a crime in Cleveland should have them investigated by a Cleveland criminal lawyer before entering into a plea bargain. Having a criminal record can affect someone for the rest of their life. Find out how a Cleveland criminal defense attorney can help you today.

  • Cleveland Criminal Lawyer
  • Building a Defense
  • Legal Resources
  • Appeals
  • Assault
  • Disorderly Conduct
  • Domestic Violence
  • Drug Offenses
  • OVI
  • Expungement / Sealing of Record
  • Fraud
  • Gun
  • PerjuryProstitution
  • Reckless Driving
  • Robbery
  • Sex Crimes
  • Solicitation
  • Student Defense
  • Theft
  • Traffic

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