Legal Question in Criminal Law in Ohio

I was arrested for domestic violence 2 wks ago with a argument I had with my X wife at my daughter's cheerleading game. I have been arrested for this twice before however, both times it was dropped to disorderly conduct. My pre-trial hearing is in december but I don't meet with my attorney until the 3rd week in November due to his case load. I never hit anyone or caused any physical harm. I am just concerned to say the least. Does the court rule and look at your background based on what you were arrested for in your past, our what the final conviction was? Please confirm that grey area for me.

Thank you.


Asked on 10/19/10, 11:14 am

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Domestic violence is an enhanceable offense which means that every time you are convicted, the next time you are charged it will be a greater degree offense with greater penalties. Although, your priors were reduced to disorderly conduct which will not enhance the charge, BUT even though they should not take prior charges into consideration, I have seen judges hammer people with the max sentences based on prior charges that were reduced. Good luck.

Read more
Answered on 11/14/10, 10:04 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio