Success for our Clients
CONSEQUENCES OF CONVICTION FOR AN OFFENSE OF VIOLENCE:
Convictions for offenses of violence often have more severe consequences than nonviolent crimes. The majority of violent offenses are felonies potentially punishable by multiple years in prison. Further, jail terms can be more severe for offenses of violence in certain circumstances. For example, a conviction for a felony offense of violence committed while the offender wore or carried body armor is subject to a prison term of two years.
Records of conviction for offenses of violence that are Misdemeanors of the 1st degree or Felonies (except for Riot, in violation of R.C. 2917.03 http://codes.ohio.gov/orc/2917.03 ; Assault, in violation of R.C. 2903.13 http://codes.ohio.gov/orc/2903.13 ; Inciting to violence, in violation of 2917.01 http://codes.ohio.gov/orc/2917.01 ; and Inducing panic, in violation of 2917.31 http://codes.ohio.gov/orc/2917.31 that are Misdemeanors of the 1st degree) cannot be sealed. See, R.C. 2953.36(A)(3); State v. V.M.D., 148 Ohio St.3d 450, 2016-Ohio-8090, ¶ 1 (“We hold that attempted robbery is a crime of violence and that, pursuant to R.C. 2953.36, a person convicted of that crime is ineligible to have the record of that conviction sealed.).
This means that the record of conviction will be permanently accessible to the public, making it difficult for an offender to obtain employment and/or housing. Persons convicted of felony offenses of violence are also prohibited from possessing firearms. See, R.C. 2923.13(A)(2); State v. Cook, 83 Ohio St.3d 404, 412 (1998) (“[P]ersons previously convicted of felony offenses of violence are forever so prohibited [from acquiring, having, carrying, or using a firearm or dangerous ordnance].”).
Since the consequences of a conviction for an offense of violence are grievous, it is imperative that an individual charged with an offense of violence obtain counsel as soon as possible. The severe nature of an offense charged, including whether the offense is an offense of violence, is an aggravating factor that the court considers in setting bail. A bail hearing is set early in the judicial process and it would behoove the accused to have an attorney present at the hearing. If the court denies bail or bail is set too high, the accused will remain incarcerated pending trial and will be unable to work, take care of his/her family, and assist counsel with his/her own defense.
CALL ZUKERMAN ABOUT VIOLENT OFFENSES:
As a result of the severe nature of the charge of an offense of violence, an individual accused of or charged with an offense of violence should consult with an attorney immediately. If you or someone you know is accused of or charged with an offense of this nature, do not hesitate to contact Zukerman, Lear & Murray Co., L.P.A.
R.C. 2901.01(A)(9) http://codes.ohio.gov/orc/2901.01 defines “offense of violence” as any of the following:
- Aggravated murder, in violation of R.C. 2903.01 http://codes.ohio.gov/orc/2903.01 ;
- Murder, in violation of R.C. 2903.02 http://codes.ohio.gov/orc/2903.02 ;
- Voluntary manslaughter, in violation of R.C. 2903.03 http://codes.ohio.gov/orc/2903.03 ;
- Involuntary manslaughter, in violation of R.C. 04 http://codes.ohio.gov/orc/2903.04 ;
- Felonious assault, in violation of R.C. 2903.11 http://codes.ohio.gov/orc/2903.11 ;
- Aggravated assault, in violation of R.C. 2903.12 http://codes.ohio.gov/orc/2903.12 ;
- Assault, in violation of R.C. 2903.13 http://codes.ohio.gov/orc/2903.13 ;
- Permitting child abuse, in violation of R.C. 2903.15 http://codes.ohio.gov/orc/2903.15 ;
- Aggravated menacing, in violation of R.C. 2903.21 http://codes.ohio.gov/orc/2903.21 ;
- Menacing by stalking, in violation of R.C. 2903.211 http://codes.ohio.gov/orc/2903.211 ;
- Menacing, in violation of R.C. 2903.22 http://codes.ohio.gov/orc/2903.22 ;
- Kidnapping, in violation of R.C. 2905.01 http://codes.ohio.gov/orc/2905.01 ;
- Abduction, in violation of R.C. 2905.02 http://codes.ohio.gov/orc/2905.02 ;
- Extortion, in violation of R.C. 2905.11 http://codes.ohio.gov/orc/2905.11 ;
- Trafficking in persons, in violation of R.C. 2905.32 http://codes.ohio.gov/orc/2905.32 ;
- Rape, in violation of R.C. 2907.02 http://codes.ohio.gov/orc/2907.02 ;
- Sexual battery, in violation of R.C. 2907.03 http://codes.ohio.gov/orc/2907.03 ;
- Gross sexual imposition, in violation of R.C. 2907.05 http://codes.ohio.gov/orc/2907.05 ;
- Aggravated arson, in violation of R.C. 2909.02 http://codes.ohio.gov/orc/2909.02 ;
- Arson, in violation of R.C. 2909.03 http://codes.ohio.gov/orc/2909.03 ;
- Terrorism, in violation of R.C. 2909.24 http://codes.ohio.gov/orc/2909.24 ;
- Robbery, in violation of R.C. 2911.02 http://codes.ohio.gov/orc/2911.02 ;
- Aggravated burglary, in violation of R.C. 2911.11 http://codes.ohio.gov/orc/2911.11 ;
- Inciting to violence, in violation of R.C. 2917.01 http://codes.ohio.gov/orc/2917.01 ;
- Aggravated riot, in violation of R.C. 2917.02 http://codes.ohio.gov/orc/2917.02 ;
- Riot, in violation of R.C. 2917.03 http://codes.ohio.gov/orc/2917.03 ;
- Inducing panic, in violation of R.C. 2917.31 http://codes.ohio.gov/orc/2917.31 ;
- Domestic violence, in violation of R.C. 2919.25 http://codes.ohio.gov/orc/2919.25 ;
- Intimidation, in violation of R.C. 2921.03 http://codes.ohio.gov/orc/2921.03 ;
- Escape, in violation of R.C. 2921.34 http://codes.ohio.gov/orc/2921.34 ;
- Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function, in violation of R.C. 2923.161 http://codes.ohio.gov/orc/2923.161 ;
- A violation of division (A)(1) of R.C. 2903.34 Patient abuse or neglect http://codes.ohio.gov/orc/2903.34 ;
- A violation of division (A)(1),(2), or (3) of R.C. 2911.12 Burglary http://codes.ohio.gov/orc/2911.12 ;
- A violation of division (B)(1),(2),(3), or (4) of R.C. 2919.22 Endangering children http://codes.ohio.gov/orc/2919.22 ;
- Felonious sexual penetration in violation of former R.C. 2907.12 https://law.justia.com/codes/ohio/2006/orc/jd_290712-9933.html ;
- A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed above;
- An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons; or
- A conspiracy or attempt to commit, or complicity in committing, any offense listed above.