Domestic Assault Law in Ohio

Are you facing strangulation charges under Ohio’s domestic assault laws? You might find yourself in this difficult position due to a misunderstanding or a moment when emotions ran high. Whatever the case, this is a serious situation that could have significant consequences for your future, including jail time, fines, and long-term restrictions like losing your right to own firearms. When the stakes are this high, you need and deserve a robust defense from an experienced attorney.

What Constitutes Felony Strangulation Under Ohio Law?

In Ohio, strangulation is defined as impeding someone’s normal breathing or circulation by applying pressure on their throat or neck or by covering their nose and mouth. Strangulation is considered a form of domestic violence if it involves a family or household member.

Ohio law categorizes strangulation as a felony offense, but the severity of the charge can vary. If the strangulation causes serious physical harm, it is treated as a second-degree felony. If it creates a substantial risk of serious harm but no actual harm, it is a third-degree felony. For less severe cases where the harm or risk of harm is minimal, it is usually classified as a fifth-degree felony.

However, if the alleged victim is a family or household member, even lesser offenses start as fourth-degree felonies. The charges can escalate further if the alleged victim is pregnant, in which case the offense automatically qualifies as a third-degree felony. This is true even if the initial harm or risk of harm was less severe.

Legal Penalties and Consequences for Felony Strangulation in Ohio

In Ohio, felony strangulation charges carry severe penalties. The level of the felony and the specific consequences depend on the circumstances of the case:

• Second-degree felony strangulation that causes serious physical harm is punishable by up to eight years in prison and $15,000 in fines.
• Third-degree felony strangulation that creates a substantial risk of serious physical harm is punishable by up to three years in prison and $10,000 in fines.
• Fourth-degree felony strangulation in cases involving family or household members is punishable by six to 18 months in prison and up to $5,000 in fines.

In domestic violence cases, Ohio law also mandates specific procedures for arrests and protection orders. State law includes provisions for firearm restrictions after a felony strangulation or domestic violence conviction or issuance of some protection orders:

• Arrests: Ohio law enforcement officers can arrest suspects in cases of felony domestic assault, which includes strangulation, and detain them until they obtain a warrant.
• Protection Orders: Victims can obtain Civil Protection Orders (CPOs) that require the accused to refrain from contacting the victim or even move out of a shared home.
• Firearm Restrictions: If convicted of felony strangulation, Ohio prohibits you from owning or possessing firearms. Federal law also imposes firearm bans on individuals convicted of misdemeanor domestic violence and those under certain protection orders.

Contact a Domestic Assault Defense Lawyer Now

Are strangulation charges putting your future at risk? Let a defense attorney from DiCaudo, Pitchford & Yoder take the lead in your defense. We will thoroughly examine your case, challenge the prosecution’s claims, and work tirelessly to have your charges reduced or dropped. Don’t face this critical moment alone. Call us today at (330) 762-7477 or contact us online for a free initial consultation and discover how our dedicated attorneys can work toward a more favorable resolution for your case.