Domestic Assault & Battery Defense Lawyer in Cincinnati
Joslyn Law Firm has a top-rated criminal defense team dedicated to helping those who face criminal charges, including domestic assault & battery in Cincinnati. We understand how formidable these charges are and how they can change the future of your personal life and family.
We have successfully handled 20,000 cases, and we seek to reduce the damages a person experiences when facing these domestic assault & battery charges. We work to obtain the best possible outcome for all our clients, and we afford each of them the attention their individual case deserves. Columbus CEO Magazine named Brian Joslyn a Top Lawyer of 2015. Some of his other awards include:
- The National Academy of Criminal Defense Attorneys 2016 Top 10 Under 40 Award
- Super Lawyers 2017 Rising Star Selectee
- Best Attorneys of America Best Attorney
- The National Trial Lawyers Top 100 Trial Lawyers
A crime of assault or battery becomes domestic assault or domestic battery when the alleged victim is a family or household member. The definition of assault is largely similar to the definition of domestic violence, and a person who is convicted of this offense can face a variety of severe immediate and long-term consequences.
If you face battery or domestic assault charges in Cincinnati, do not hesitate to lean on our experience here at Joslyn Law Firm. We may be able to get your charges dropped or reduced when working on your case. See how one of our Cincinnati domestic assault & battery attorneys can help you with your charges.
Lawyer for Domestic Assault & Battery Arrests in Cincinnati, OH
If you were arrested in Hamilton County on charges of alleged assault or battery against a family or household member, you may want to avoid saying anything to authorities without legal representation. Contact Joslyn Law Firm as soon as possible for help possibly getting the criminal charges reduced or dismissed.
If you are being charged with domestic assault and battery, you’re in good hands at Joslyn Law Firm. Everyone deserves respect, and the Joslyn Law Firm’s approach to working with clients ensures that you will get that respect.
Domestic assault and battery charges can be intimidating, but our lawyers have experience fighting these and other criminal charges. Our team will work tirelessly to review your case and build defenses to fight for favorable outcomes.
Our domestic assault & battery defense lawyer in Cincinnati, OH, defends clients accused of domestic violence offenses all over southwestern Ohio, including Norwood, Blue Ash, Reading, Harrison, Miamitown, Colerain, Green, Symmes, and many other surrounding areas. You can have our lawyers review your case and discuss your legal options. To speak to one of our representatives, call (513) 399-6289, and take advantage of a free, confidential consultation.
Ohio Domestic Assault & Battery Information Center
- Domestic Assault Charges in Cincinnati
- Domestic Assault Penalties in Cincinnati
- Defenses to Domestic Assault & Battery Charges in Cincinnati
- Ohio Domestic Assault & Battery Resources
- Domestic Assault & Battery FAQs
- Domestic Assault & Battery News in Cincinnati
- Cincinnati Domestic Assault & Battery Lawyer
Domestic Assault Charges in Cincinnati
According to the Ohio Attorney General Domestic Violence Report, there were nearly 70,000 domestic violence offenders in Ohio in 2018. Nationally, there are nearly 5.3 million instances of intimate partner violence against women each year, according to the Office of Criminal Justice Statistics (OCJS).
There are many ways in which someone can commit intimate partner violence and consequently be charged with domestic assault.
Under Ohio Revised Code § 2919.25, a person can be charged with domestic violence if he or she knowingly causes or attempts to cause physical harm to a family or household member or recklessly causes serious physical harm to a family or household member. An alleged offender can be arrested for assault under Ohio Revised Code § 2903.13 if he or she knowingly causes or attempts to cause physical harm to another person or another person’s unborn, or recklessly causes serious physical harm to another person or another person’s unborn.
The four types of domestic assault crimes that a person can be charged with in Cincinnati are the same as the assault offenses committed against alleged victims who are not family or household members:
Negligent Assault
You can be charged with assault by means of a deadly weapon or dangerous ordnance. Deadly weapons are defined in Ohio Revised Code § 2923.11(K) as:
- Any automatic or sawed-off firearm, zip-gun, or ballistic knife
- Any explosive device or incendiary device
- Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives
- Amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions
- Plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents
- Any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions; any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon, including any firearm muffler or suppressor
- Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance
Simple Assault
Any statutory violation of Ohio Revised Code § 2903.13 is generally classified as a first-degree misdemeanor.
Aggravated Assault
If an alleged offender, while under the influence of sudden passion or in a sudden fit of rage brought on by serious provocation occasioned by the alleged victim that is reasonably sufficient to incite the alleged offender into using deadly force, knowingly causes serious physical harm to a family or household member or to a family or household member’s unborn, they can face fourth-degree felony charges. If they cause or attempt to cause physical harm to a family or household member or to a family or household member’s unborn by means of a deadly weapon or dangerous ordnance, it is also a fourth-degree felony.
Felonious Assault
If an alleged offender knowingly causes serious physical harm to a family or household member, or to a family or household member’s unborn, or causes or attempts to cause physical harm to a family or household member, or to a family or household member’s unborn by means of a deadly weapon or dangerous ordnance, it is a second-degree felony.
Domestic Assault Penalties in Cincinnati
The sentence that an alleged offender receives if convicted of domestic assault or battery depends on the grade of the crime that he or she was charged with. The statutory maximums in such cases are as follows:
- Third-Degree Misdemeanor—Up to 60 days in jail and/or a fine of up to $500
- First-Degree Misdemeanor—Up to 180 days in jail and/or a fine of up to $1,000
- Fourth-Degree Felony—Up to 18 months in prison and/or a fine of up to $5,000
- Second-Degree Felony—Up to eight years in prison and/or a fine of up to $15,000
Even after an alleged offender completes any jail or prison sentence and pays any fines, that person may still face several long-term consequences that can potentially create an entire lifetime of various hardships.
Defenses to Domestic Assault & Battery Charges in Cincinnati
There are several possible defenses that could work to have the charges against you dropped, dismissed, or reduced. Your lawyer will craft your defense in accordance with the facts of your situation.
Some defense strategies that your lawyer may employ could include:
You Did Not Do It
You may have been accused of a crime you did not commit. If so, your lawyer can examine the alleged victim’s testimony for any contradictory statements. They can also establish that you had an alibi at the time of the incident, and therefore, could not have perpetrated the abuse. An alibi can be supported by statements from witnesses, your employment records, or data from your cell phone.
You Acted in Self-Defense
You may have injured another person to protect yourself. Your lawyer can build this defense in many ways. First, they may be able to reference other events where the alleged victim threatened or attempted to harm you. They may also be able to build this defense by recreating the incident itself, showing that you only acted violently to protect yourself, per Ohio Revised Code § 2901.05.
No Evidence Supports a Conviction
To secure a domestic violence conviction, the prosecution will need to provide evidence showing that you committed a crime. If there is no evidence, then your lawyer can motion to have the charges against you dropped or dismissed.
Some evidence in your case could include the recording of the 911 call, the plaintiff’s medical treatment records, and statements from witnesses. If your case does not have these and other pieces of evidence, you may not be declared guilty.
Evidence was Improperly Collected
Some of the evidence against you may not be admissible in court. This could happen if evidence was not collected properly. For instance, if you were arrested, and the arresting officer did not read you your Miranda rights, some statements that you made may not be valid.
Additionally, sometimes, technical issues happen during the evidence collection process. Suppose that law enforcement collected evidence without a warrant. In this case, the evidence that law enforcement collects may not be used against you.
The Statute of Limitations Has Expired on Your Case
Every state has a statute of limitations for criminal offenses. If charges are filed against you after your alleged crime’s statute of limitations has expired, your lawyer may move for a dismissal. When making this determination, your lawyer will need to review when the alleged incident occurred and who was involved.
You Harmed Another Person by Accident
Accidents do happen, and when they do, you should be treated fairly. If you harmed another person by accident, your lawyer would build your defense strategy with evidence. Perhaps you accidentally harmed someone while you were intoxicated. Maybe you were engaging in horseplay and unintentionally harmed the other person. In this scenario, your lawyer can assert that you did not act maliciously. They may be able to use the plaintiff’s own admissions against them or use character witnesses to build your defense.
Your lawyer may be able to employ defense strategies aside from those listed here.
Ohio Domestic Assault & Battery Resources
Domestic Violence Victim Advocates
The City Prosecutor’s Office in Cincinnati has two Domestic Violence Victim Advocates who serve as liaisons to domestic violence victims with cases being prosecuted by the office. The advocates help reduce the stress, fear, alienation, and confusion victims sometimes experience as they navigate through the criminal justice system by providing information and notification of court proceedings, facilitating communication with prosecutors, and offering advocacy, support, and referrals to the victims.
Cincinnati City Prosecutor’s Office
801 Plum St # 226
Cincinnati, OH 45202
(513) 352-5333
National Coalition Against Domestic Violence (NCADV)
The National Coalition Against Domestic Violence (NCADV) is a global 501(c)(3) nonprofit organization that considers itself “the voice of victims and survivors.” Its mission is to encourage more zero tolerance for domestic violence through public policy, education, and support of domestic violence survivors.
This NCADV document defines domestic violence in Ohio, provides statistics, and also lists various domestic violence programs in the Buckeye State.
Ohio Domestic Violence Network (ODVN)
The Ohio Domestic Violence Network (ODVN) also works to report data on domestic violence, including fatalities. Some of their resources for survivors of domestic abuse include a hotel assistance program to provide immediate relief to families in need of a safe environment away from home.
The Ohio Family Violence Prevention Center
The Ohio OCJS developed the Family Violence Prevention Center to provide resources and victim advocacy, research domestic violence prevention, and help the government respond to domestic violence by implementing prevention methods.
Domestic Assault & Battery FAQs
Q: Can I Be Convicted of Domestic Assault or Battery if I Threatened to Harm Someone?
A: Yes. As previously mentioned, Ohio Revised Code § 2919.25 states that domestic violence constitutes any violent threats or attempts to harm another person. If you threatened to harm another person but did not follow through with an attempt, you could be convicted of a crime. As part of your defense strategy, your lawyer may argue that the plaintiff misinterpreted certain statements that you made.
Q: What Are the Secondary Consequences of a Domestic Violence Conviction?
A: A domestic violence conviction can result in more than just fines and jail time; it can also threaten your ability to secure housing and employment. Your criminal record could also be used in any custody disputes and could ultimately impact your visitation rights. Additionally, you could lose the right to own firearms.
Q: Can I Be Convicted of Domestic Violence if I Did Not Do It?
A: Maybe. If the prosecution could provide evidence that shows you committed a crime, then you could be convicted of a criminal offense. It is in your best interest to work with a criminal defense lawyer throughout the duration of your case. They can examine the evidence against you and determine if the prosecution has a case. Furthermore, they can determine if law enforcement handled the investigation correctly. Your lawyer’s findings can be used to support an acquittal or dismissal.
Q: How Can a Criminal Defense Lawyer from Joslyn Law Firm Help Me?
A: Your lawyer’s primary goal is to defend you against unjust allegations. To do this, they will first formulate a defense strategy based on the facts of your situation. After speaking with witnesses, reading the police report, and examining other relevant pieces of evidence, they will determine a method of action. If you are a first-time offender, your lawyer may be able to negotiate for a lesser charge. If not, then they will determine if the allegations against you are legitimate.
Your lawyer will implement legal measures to safeguard your future. While you have the right to serve as your own representative, if you are not familiar with the criminal justice system, this may not be in your best interest.
Domestic Assault & Battery News in Cincinnati
The following news articles describe recent arrests made for domestic assault & battery in Cincinnati.
- Hamilton County Assistant Prosecutor Arrested, Accused of Domestic Violence: The Cincinnati Enquirer reports that an assistant prospecting attorney was placed on administrative leave after facing charges of domestic abuse in December 2019.
- Cincinnati Police Officer, Sister Arrested when Argument at Card Game Turns Violent: The Cincinnati Enquirer reports that during an argument over a card game, a police officer and her sister were arrested on charges of domestic violence, including assault. The sisters punched each other and damaged each other’s cars during the fight.
Cincinnati Domestic Assault & Battery Lawyer
Were you recently arrested in Hamilton County on charges of an alleged domestic assault or domestic battery offense committed against a family or household member? You can contact Joslyn Law Firm before you make any kind of statement to authorities.
Joslyn Law Firm can connect you with a domestic assault and battery defense lawyer in Cincinnati, OH, who can help you with your case. We also represent clients in Forest Park, Springdale, Montgomery, Bridgetown, Anderson, Delhi, Harrison, Springfield, Sycamore, and several other nearby communities in southwest Ohio.
Call (513) 399-6289 or submit an online contact form today for a free initial consultation that will let our lawyers provide an honest and thorough evaluation of your case.
