Domestic Violence Attorney – Sunbury, Ohio

If you have been charged with domestic violence in Sunbury, Ohio, it is important that you hire legal counsel. Contact Attorney David Johnson of Johnson Legal, LLC at (614) 987-0192 to review your case and discuss with you how to proceed. As an experienced and dedicated criminal defense attorney, he will be with you at your first court appearance (called an “arraignment”) and attempt to have the case dismissed. In the event that the charges are not dropped, a pretrial hearing will be conducted.

Depending on what the charge is, and where it will be heard, negotiations will begin with the prosecutor and evidence will be gathered to support your defense. If negotiations fail to produce a favorable plea agreement, or you decline to accept the plea agreement, your case will be set for trial. At trial, Attorney Johnson will vigorously defend you. However, if you are found guilty, Attorney Johnson will seek all avenues available that will allow you to avoid jail or prison.

Sunbury, Ohio – Where Will Your Case Be Heard?

Misdemeanor domestic violence offenses in Sunbury, Ohio are heard in Delaware County Municipal Court. For a felony offense, the charge will be filed in Delaware County Common Pleas Court.

Where are the Delaware County Courts Located?

Delaware County Municipal Court is located at 70 North Union Street, Delaware, Ohio 43015. Delaware County Common Pleas Court is located at 91 North Sandusky Street, Columbus, Ohio 43015. Refer to the map below for further directions.

What is Domestic Violence Under Ohio Law?

When violence or threats occur between individuals it is typically characterized as assault. However, when these actions are inflicted upon members of one’s family, such as a spouse, girlfriend, boyfriend or household member, it is referred to as domestic violence.

Pursuant to 2919.25, domestic violence is:

• Knowingly causing or attempting to cause physical harm to a family or household member;
• Recklessly causing serious physical harm to a family or household member; or
• By threat or force, knowingly causing a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Domestic violence is not limited to physical harms, but encompasses a wide variety of actions. It includes making threats to inflict physical harm, inflicting physical harm (such as slapping, punching, kicking, etc.), emotional abuse, confining a person to so they cannot leave, and harming a household pet.

Ohio Domestic Violence Penalties

The following is a basic breakdown of the statutory penalties for the various degrees of this offense. This can change depending upon the severity of the crime, the victim, the number of prior offenses, and whether the statute provides for more serious penalties.

4th Degree Misdemeanor

A conviction for a violation of 2919.25(C) is a 4th degree misdemeanor. This charge can result in a maximum 30 days in jail and a $250 fine.

2nd Degree Misdemeanor

If the offender has been convicted of a prior domestic violence or violation of 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering) , 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member, or any offense of violence if the victim was a family or household member, a violation of 2919.25(A) or (B) is a 2nd degree misdemeanor.

This charge carries a maximum 90 days in jail and a $750 fine.

1st Degree Misdemeanor

A conviction for a violation of 2919.25(A) or (B) is a 1st degree misdemeanor. This charge can result in a maximum 6 months in jail and a $1000 fine.

If the offender has been convicted of two or more prior domestic violence offenses or two or more of the following – 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering) , 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member – a violation of 2919.25(C) is a 1st degree misdemeanor.

4th Degree Felony

If the offender has been convicted of a prior domestic violence or violation of 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering) , 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member, or any offense of violence if the victim was a family or household member, a violation of 2919.25(A) or (B) is a 4th degree felony.

This charge carries a potential sentence of 6-18 months in prison and a $5000 fine. However, if the offender knew that the victim was pregnant, the court will impose a mandatory prison term 6 months to – 5 years.

3rd Degree Felony

If the offender has been convicted of two or more prior domestic violence offenses or two or more of the following – 2903.14 (negligent assault), 2909.06 (criminal damaging or endangering) , 2909.07 (criminal mischief), 2911.12 (burglary), 2911.211 (aggravated trespass) or 2919.22 (endangering children) if the victim was a family or household member – a violation of 2919.25(A) or (B) is a 3rd degree felony.

This charge carries a potential sentence of 9 months – 5 years in prison and a $10,000 fine. However, if the offender knew that the victim was pregnant, the court will impose a mandatory prison term of of 6 months – 5 years.

Domestic Violence Defenses in Ohio

Some domestic violence allegation may not actually be domestic violence and arise because of other factors. There are several defenses that can be raised if you have been charged with domestic violence. The following is a list of possible defenses and an explanation for each.

Self-Defense

Domestic violence allegations may originate from the person who initiated the domestic violence. If the alleged victim was the person who attacked the alleged offender, self-defense may be a viable defense because of the necessity of defending oneself.

Defense of Others

Sometimes a situation arises that necessitates a person using defense force against a family or household member to prevent that person from inflicting harm upon another.

Lack of Intent

Intent to harm or cause apprehension of harm is an element of the offense of domestic violence. An alleged offender could present the defense of lack of intent if they did not have the required intent.

False Allegations

Family or household members may accuse a person of domestic violence to gain an upper-hand in child custody and divorce cases. If the allegations are false, this defense can be presented.

Sunbury, Ohio Domestic Violence Attorney

If you have been charged with domestic violence in Sunbury, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your domestic violence case.

Helpful Links for Sunbury, Ohio: Village of Sunbury

Sunbury Police Department

9 E Granville St
Sunbury, OH 43074
(740) 965-3946

Delaware City Prosecutor

Mark Corroto – Prosecutor
Justice Center
70 North Union Street
Delaware 43015
740 203-1175