Defending Westlake and Rocky River

Westlake and Rocky River 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 Westlake or Rocky River, OH,  contact an experienced Westlake and Rocky River 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, and a host of others. However, some of the most common types of criminal charges are:  

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 Westlake and Rocky River 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. 

Charges and penalties in cases of theft are often based on the amount and type of property stolen.

• Petty thefts, or minor thefts, are misdemeanors of the first degree. These offenses do not include force, or threat of force, and the value of the stolen item is typically less than $1,000. 
• If the amount stolen is more than $1,000 but less than $7,500, it is a felony of the fifth degree.
• Thefts of amounts between $7,5000 and $150,000 are grand theft, a felony of the fourth degree.
• Thefts of amounts between $150,000 and $750,000 are aggravated theft, a felony of the third degree.
• Thefts of amounts between $750,000 and $1.5 million are also considered aggravated theft, now a felony of the second degree.
• Thefts exceeding $1.5 million are also aggravated theft, now a felony of the first degree.

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 to a maximum of eight 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. Often, assault is a misdemeanor of the first degree. However, the degree of the offense may escalate to a felony if the victim belongs to a certain class of people (ex. Police officers, educators, the mentally impaired).
• 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 Westlake and Rocky River criminal defense attorney.

How a Westlake and Rocky River Criminal Attorney Can Help

Anyone charged with a crime in Westlake or Rocky River should have them investigated by a Westlake and Rocky River 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 Westlake and Rocky River criminal defense attorney can help you today.