Dayton Criminal Defense Attorney

Dayton Criminal Defense Attorney

Being arrested for, charged, and convicted of a crime in Ohio can have serious consequences for a person down the road. For instance, it is often more difficult for those with permanent criminal records to find employment, secure housing, join the military, or even take advantage of educational opportunities. For this reason, mounting a strong defense when accused of a crime is critical. If you have been charged with a criminal offense in Dayton, you should strongly consider speaking with an experienced Dayton criminal defense attorney who may be able to get your charges reduced or even dismissed.

Types of Criminal Offenses

Ohio, like other states across the nation, divides criminal offenses into different categories based on severity, with less serious crimes charged as misdemeanors and more serious offenses as felonies. These categories are then broken down further based on the seriousness of the offense. For example, in Ohio, the least serious felonies are referred to as fifth-degree felonies and are punishable by up to a year in prison and a $2,500 fine. As the severity of a crime increases, however, so does the level of the felony and the penalties that go along with it, all of which culminate with first degree felonies, which come with a 10-year prison sentence and a $20,000 fine. The state’s worst offenses, however, do not fall under any of these categories, but are considered special felonies. This list of unclassified felonies include both murder and aggravated murder.

Less serious crimes are not charged as felonies but fall under the misdemeanor category. These offenses, although punishable by jail time, usually only require the payment of a fine and in some cases, a term of probation.

Sentencing

Although courts are often bound by mandatory sentencing rules, they are usually given a significant amount of discretion when deciding on a punishment. However, in Ohio, judges are required to take certain factors into consideration during sentencing, including:

• Whether a defendant allegedly injured someone during the commission of the offense;
• Whether a victim suffered a serious physical, economic, or psychological harm;
• Whether the defendant was in a position of trust or otherwise held a public office;
• The offender’s relationship to the victim;
• Whether the defendant acted for hire or was part of organized criminal activity;
• Whether the defendant was allegedly motivated by prejudice;
• Whether the offense involved domestic violence or assault and was committed in the presence of one or more of the victim’s children;
• Whether the defendant expected to cause physical harm to someone’s person or property;
• Whether the defendant committed the offense while on probation, while on bail, or while awaiting sentencing;
• Whether the offender has a pattern of alcohol or drug use;
• Whether the defendant shows remorse; and
• Whether the defendant is a minor.

These factors play an important role in the sentencing process, so it is critical for those who are accused of a criminal offense to retain an experienced attorney who is familiar with the state’s sentencing practices and can aggressively defend their interests in court.