Ohio Criminal Law
Criminal statutes in Ohio provide a code of unacceptable behavior and corresponding punishments. Although not exhaustive, the sections below discuss some of the important and common crimes in Ohio. The sections are meant to provide an introduction and basic information; contact an Ohio defense attorney if confronted with a criminal charge.
Drug Possession in Ohio
In Ohio, it is illegal to traffic or possess controlled substances including, but not limited to, marijuana, cocaine, methamphetamines, hallucinogens, heroin, and various painkillers or steroids. If arrested, the criminal punishment will vary depending on the nature and quantity of the drug, and the intent of the possessor.
Ohio drug laws, particularly in regards to narcotics, can be very serious. If arrested, contact an Ohio criminal defense attorney.
Assault in Ohio
In Ohio, it is illegal to intentionally cause, attempt to cause, or recklessly cause physical harm to another. If someone does so, it is considered assault and is punishable by a sentence of up six months in prison and/or a fine up to $1,000.
For violent assaults that create serious physical harm to another person, the assault can be considered aggravated assault in Ohio and be elevated to a felony punishable by a prison sentence of one – five years and a fine up to $10,000.
If the assault is committed with a weapon it can be considered a felonious assault in Ohio and is punishable by two – eight years and a fine up to $15,000.
For specific questions regarding an assault charge, contact an Ohio criminal defense attorney.
Ohio Drunk Driving – DUI
A DUI in Ohio is a matter to be taken very seriously as it can result in suspension or loss of license for six months to a year, jail time, substantial fines, and mandatory alcohol counseling. First time DUI offenders in Ohio spend three days to one week in jail, and with each subsequent DUI will increase that time. If arrested for a DUI in Ohio, keep in mind that the penalties are strict regardless of the circumstances, and contact an Ohio DUI attorney.
Right to Jury in Ohio
An accused in Ohio has the right to a trial by jury unless the offense is a minor misdemeanor or does not carry the possibility of jail time or fine over $1,000. For petty offenses, an accused must affirmatively exercise the right to a jury by written demand at least three days prior to the start of the trial. For more serious offenses, an accused may waive the right to trial via a written waiver to the court. For questions about right to jury and jury demand or jury waiver in Ohio, contact an Ohio defense attorney.
Trial Dates in Ohio
After being arraigned in Ohio, a Court will set a trial date within 30 days. The trial date may be extended or continued “as the ends of justice require,” which means that additional time can be given to prepare for the trial by acquiring proper counsel, gathering evidence and witnesses, or other necessary delays at the discretion of the Court.
Sentence Review / Appeals in Ohio
Post-conviction, a defendant in Ohio may file an appeal on either the judgment or the sentence imposed. A defendant may file an appeal of the sentence for a number of reasons under Ohio law. An appeals court may or may not overturn the conviction or reduce the sentence. If the appeals court finds an error, a defendant may be entitled to a new trial based on the ruling on appeal.
Ohio Revised Code
Click here for the Ohio criminal statutes:
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