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Cleveland Violent Crimes Attorney

When you are accused of committing a crime, you must take the allegations seriously and work with an experienced Ohio criminal defense attorney to defend yourself. If you have been charged with a violent crime such as assault, homicide, or domestic violence, then it is even more urgent that you hire a violent crimes lawyer as soon as possible.

A Cleveland violent crimes attorney at The Law Office of Daniel M. Margolis, LLC is ready to help. Contact us today to learn more about the charges you face, the penalties possible if you are convicted, and how you may be able to defend yourself. By mounting a strong defense, you have a greater chance of exonerating yourself in court or reducing the punishment associated with a conviction.

If you’re facing violent crime charges, call our office today for a free consultation regarding your case.

Ohio Violent Crimes

You can be charged with various crimes for knowingly committing or trying to commit a violent act, or for recklessly perpetrating violence. At The Law Office of Daniel M. Margolis, LLC, we defend against all types of violent crimes, including:

  • Assault Ohio Revised Code (ORC) Chapter 2903.13(A) states that no one shall knowingly cause or try to cause physical harm to another person or to another person’s unborn child. Section 2903.13(B) states no one shall recklessly cause serious physical harm to another person or another person’s unborn child. Under this law, you can be charged with assault based on intentional or reckless behavior. You can also be charged with assault whether or not there was any contact between you and the other person. Assault may be a first-degree misdemeanor. However, aggravating factors such as a particular relationship between you and the alleged victim, can raise this crime to a felony.
  • Aggravated Assault ORC Chapter 2903.12 states it is unlawful for anyone who is under the influence of a sudden fit of rage brought on by a serious provocation by the alleged victim, to knowingly cause serious physical harm to another person or their unborn child, or cause or attempt to cause physical harm to another or their unborn child by use of a deadly weapon. This is a fourth-degree felony, except if the victim is a police officer or law enforcement investigator, which makes it a third-degree felony.
  • Voluntary Manslaughter ORC Chapter 2903.03 states it is illegal for anyone, while under the influence of sudden passion brought on by a serious provocation by the victim – which is reasonably enough to incite a person to use deadly force – to knowingly cause the death of another or the unlawful termination of a person’s pregnancy. This offense does not include those who act under a sexual motivation. It is a first-degree felony.
  • Involuntary Manslaughter- ORC Chapter 2903.04 defines the offense of involuntary manslaughter as an individual causing the death of another person or the unlawful termination of a person’s pregnancy while committing or attempting to commit a felony. This is a first-degree felony. If a person involuntary causes another person’s death or the unlawful termination of a pregnancy while committing or trying to commit a misdemeanor, then this is typically a third-degree felony.
  • Reckless Homicide- ORC Chapter 2903.041 makes it illegal for a person to recklessly cause the death of another or the unlawful termination of another’s pregnancy. This is a third-degree felony.
  • Negligent Homicide- Based on ORC Section 2903.05, it is unlawful for any individual to negligently cause another person or fetus’s death by using a deadly weapon. This is a first-degree misdemeanor.
  • Murder- ORC Chapter 2903.02 defines murder as a person purposefully causing the death of another, or the unlawful termination of a someone’s pregnancy. You can also be charged with murder if you cause the death of another person or fetus while committing or attempting to commit a violent first or second-degree felony.
  • Aggravated Murder- ORC Chapter 2903.01 defines aggravated murder as the purposeful killing of another person or a fetus with prior calculation and design. It is also aggravated murder to cause a person or fetus’s death while committing, attempting to commit, or fleeing from kidnapping, rape, arson, robbery, burglary, trespassing in an occupied habitation, or terrorism.
  • Kidnapping According to ORC Chapter 2905.01, kidnapping is when an individual – by force, threat, or deception – removes another person from a place for the purpose of holding that person for ransom or as a hostage, committing or fleeing from a felony, to terrorize or inflict serious physical harm, to commit a sexual offense, to impede the government, or hold that person in involuntary servitude. Kidnapping also encompasses these acts through any means on a person who is mentally incompetent or under the age of 13. This is typically a first-degree felony. However, if the victim is released unharmed, in a safe place, it may be a second-degree felony.
  • Domestic Violence Under ORC Chapter 2919.25, it is illegal to cause, recklessly cause, or try to cause physical harm to any family or household member. This is a first-degree misdemeanor. However, if by threat of force, someone knowingly causes a family or household member to believe the offender will cause them or another family or household member imminent physical harm, then this is a fourth-degree misdemeanor.

Many of these violent crimes that are original high-level misdemeanors or low-level felonies can lead to more serious charges if there are aggravating factors present in the case, or if you have a criminal record with previous violent crime convictions. While you should always work with a Cleveland violent crimes attorney when facing a criminal offense, it is even more important if this is not your first offense. Call a violent crimes lawyer from The Law Office of Daniel M. Margolis, LLC for help right away.

Violent Crime Penalties

If you have been charged with a violent crime in Ohio, you need to be aware of the potential penalties:

  • Fourth-degree misdemeanor- Up to 30 days in jail, and a fine up to $250.
  • Third-degree misdemeanor- Up to 60 days in jail, and a fine up to $500.
  • Second-degree misdemeanor- Up to 90 days in jail, and a fine up to $750.
  • First-degree misdemeanor: Up to 180 days in jail, and a fine up to $1,000.
  • Fifth-degree felony- 6 to 12 months in prison, and a fine up to $2,500.
  • Fourth-degree felony– 6 to 18 months in prison, and a fine up to $5,000.
  • Third-degree felony- 9 months to 5 years in prison, and a fine up to $10,000.
  • Second-degree felony- 2 to 8 years, and a fine up to $15,000.
  • First-degree felony- 3 to 11 years, and a fine up to $20,000.
  • Murder (Second degree)- 15 years to life in prison with or without possibility of parole.
  • Aggravated murder (First degree)- Up to life in prison without parole, or the death penalty.

 

Collateral Consequences of a Violent Crimes Conviction

After a conviction for a violent offense, you can expect to experience many collateral consequences beyond the statutory penalties. With a misdemeanor or felony conviction on your permanent record, you may face:

  • Trouble getting into college or graduate school
  • Difficulty obtaining certain professional licenses
  • Ineligibility to run for public office or certain government jobs
  • Difficulty maintaining steady employment
  • Difficulty renting housing
  • Immigration issues
  • Child custody and visitation issues
  • Loss of voting rights during incarceration
  • Loss of gun ownership rights
  • Protective/restraining orders against you

These consequences, combined with the fines and prison time you face if convicted of a violent crime, will change your life drastically. If you’re facing charges for a violent offense, it’s important to contact a violent crimes lawyer as soon as possible.

Violent Crimes Defense

If you have been charged with any of these violent crimes or another violent offense in Ohio, you need to call a violent crimes attorney as soon as possible. The best way to defend yourself against a violent crimes charge will depend on the exact circumstances of your case. Some potential defenses include:

  • Self-defense
  • Defense of others
  • Mistaken identity
  • False accusations
  • Lack of evidence/failing to meet the burden of proof

How a Cleveland Violent Crimes Lawyer Can Help You

Ohio defense attorney Daniel Margolis will immediately get to work on your case. He will concentrate on getting you released from jail so that your freedom is not limited during the criminal court process. He will then conduct a thorough investigation into your situation to determine the possibility of having the charges reduced or dropped.

Once attorney Margolis knows the specific charges you will face, he will continue to gather evidence on your behalf and attempt to have unlawfully obtained, prejudicial, and irrelevant evidence excluded from the case. Through his work that may be presented at trial, he will be able to give you an objective analysis of your situation, including the best and worst-case scenarios. This will enable you to determine the best course of action, such as negotiating a plea bargain with the prosecutor or fighting for your innocence at trial.

Contact Dan Margolis Today

For more information on how a violent crimes lawyer will handle your case, contact The Law Offices of Daniel M. Margolis, LLC today at (216) 533-9533.

Contact Dan

Attorney Margolis is not currently providing free consultations nor accepting new clients. Please be advised that contact form submissions and calls may not be returned.
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