Can I Go to Jail for a First Felony Domestic Violence Conviction?

In Ohio, the law normally grades domestic violence as a misdemeanor offense. However, domestic violence can become a felony crime under certain circumstances, including:

• The defendant has a prior conviction for domestic violence or another municipal or state law substantially similar to Ohio’s domestic violence statute and commits domestic violence by knowingly causing or attempting to cause physical harm or by recklessly causing severe injury to a family or household member.
• The defendant has a prior conviction for an offense of negligent assault, criminal endangering, criminal mischief, burglary, aggravated trespass, or child endangerment against a family or household member and commits domestic violence by knowingly causing or attempting to cause physical harm or by recklessly causing severe injury to a family or household member.
• The defendant commits domestic violence by knowingly causing or attempting to cause physical harm or by recklessly causing severe injury to a family or household member whom the defendant knew was pregnant.

Legal Consequences of a First-Time Felony Domestic Violence Conviction

A first-time felony domestic violence conviction may impose a mandatory minimum prison term under certain circumstances. A first offense committed against a family or household member whom the defendant knew was pregnant may result in a minimum prison term of six months. However, if the defendant caused severe injury to the victim’s unborn child or termination of the victim’s pregnancy, the court must impose a mandatory term of 12 months.

A felony domestic violence conviction can have other consequences beyond prison time. First, a court may impose a protection order restricting the defendant from approaching or contacting the victim. Protection orders may require a defendant to move out of a residence they shared with the victim. A domestic violence conviction can also result in the loss of the defendant’s firearm rights.

Finally, a felony conviction will result in a defendant having a criminal record, which can impose a stigma when pursuing employment, housing, or educational opportunities.

Factors That Influence Sentencing for a First Felony Domestic Violence Conviction

Some of the factors that may affect the sentence a court imposes for a first-time felony domestic violence conviction include:

• The severity of the incident, including the use of weapons and the nature of the victim’s injuries
• The defendant’s criminal history
• Other aggravating circumstances, such as the offense constituting a violation of an existing protection order between the parties
• Mitigating factors, such as the defendant’s acceptance of responsibility and amenability to rehabilitation

Contact a Criminal Defense Attorney Today

If you’ve been arrested and charged with felony domestic violence for the first time, you need dedicated legal representation from an experienced domestic violence defense attorney to help you seek a favorable resolution to your case. Contact DiCaudo, Pitchford & Yoder today for a confidential consultation with our legal team to learn more about the potential consequences of a first felony domestic violence conviction. We look forward to meeting you and discussing your path forward.