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You just found out that the criminal charges you were facing have been increased. The prosecutor wants to argue that the facts of the case qualify as a violent crime. What does this even mean? For the accused, this change can be significant. Understanding what is considered a violent crime under Ohio law can help explain why prosecutors pursue enhanced charges and penalties. A violent crime conviction can result in increased penalties and restrictions. Understanding these harsher consequences can help those facing criminal charges understand the potential outcome of their case.
People often associate violence with physical force and injuries. That is a common definition of the word, not a legal one. Ohio law defines certain offenses as "offenses of violence" for sentencing and correctional purposes. The designation comes from specific criminal statutes rather than one broad definition. As a result, crimes that seem very different on the surface may receive the same violent classification under Ohio law.
For many people, the term violent brings misunderstanding. Not all felonies are violent crimes. The accused doesn’t need to have completed the crime to be charged with a violent offense. Sometimes, making threats or attempting a crime can qualify as violent.
Additionally, not all violent crimes require physical injury. Crimes including riot, arson, inciting violence, and inducing panic can all be considered offenses of violence in Ohio.
When people hear the phrase "violent crime," they assume murder, a physical assault, or deadly weapons. Ohio's legal definition of violent is broader than this. Specific criminal classification depends on the statute involved. Specific categories have multiple severity levels of crimes.
Many people associate violent crime with offenses that involve physical injury or the threat of injury. Ohio law includes crimes such as murder, aggravated murder, manslaughter, felonious assault, aggravated assault, and certain domestic violence offenses within this category.
Some sexual crimes can be classified as violent. Rape, sexual battery, and gross sexual imposition are in this category. The victim doesn’t have to suffer physical injury for the crime to be considered violent. Force, threats, coercion, or the absence of lawful consent can elevate the charges to violent.
When a theft involves the threat of or use of force, a criminal charge of robbery can be elevated to aggravated robbery. The use of force could be physical or could be using a deadly weapon. A weapon may not be used, but the accused could have inflicted serious physical harm on the victim. It’s this presence of force that triggers the elevated charges from a non-violent crime. Aggravated burglary in Ohio is a first degree felony.
Certain burglary offenses may also be considered violent crimes under Ohio law. Burglary generally involves unlawfully entering a structure with the intent to commit a criminal offense inside. Aggravated burglary typically involves additional factors, such as the presence of occupants, the use of a weapon, or the threat of harm to others. Burglary in Ohio can be a second, third, or fourth degree felony. Aggravated burglary elevates it to a first degree felony.
Depending on the circumstances, certain criminal offenses may qualify for violent classification. Domestic violence, terrorism-related offenses, and some forms of intimidation fall into this category. It’s fact-specific, so speaking with a lawyer can help individuals facing criminal charges understand the potential penalties.
Ohio courts classify a criminal charge as a violent offense for sentencing and correctional purposes. These offenses are considered especially heinous because they cause more injuries and damages to victims. The goal is to identify individuals who commit violent crimes and respond appropriately. Increasing sentencing guidelines aims to discourage repeat violent activity by imposing harsher punishments. A violent offender could face mandatory minimum prison terms or limited eligibility for probation or community control.
Other crimes can also have an elevated violent designation. The increased charges will depend on the severity of the criminal offense. Using a deadly weapon, causing serious injury to the victim, or the victim’s status can elevate the criminal charges. People who belong to a protected class, minors, and law enforcement officers are all victims who can trigger increased charges. Increased charges can also apply when the accused has a prior criminal history or has a repeat offender status.
Understanding what is considered a violent crime in Ohio is critical because these charges affect more than just sentencing. Speaking with a criminal defense lawyer can help accused individuals understand their charges and the potential penalties.
Wesley C. Buchanan, Esq, represents individuals charged with serious offenses and provides clear, straightforward guidance during difficult situations.
If you are facing criminal charges, contact us today to discuss your case and your legal options.
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