Ohio law treats offenses of violence differently than other crimes. Some crimes, Assault for example, obviously constitute an offense of violence. Other offenses of violence may not be as obvious. For example, many readers may not automatically think that Menacing is an offense of violence. However, Ohio Law does consider Menacing – and many other crimes – offenses of violence.
We have an older article that addresses crimes of violence and, among other things, how they affect expungement in Ohio. However, one of the primary sections of the Ohio Revised Code that previously dealt with offenses of violence was actually repealed and some of the rules changed. In addition, the expungement laws have changed significantly since our last article of offenses of violence in Ohio. We have written extensively about the changes to Ohio expungement laws in other articles. We have even updated some of the information in our old article, but since the whole article was structured around the laws, it is time to explore the topic again.
So which crimes are offenses of violence in Ohio? How does Ohio treat offenses of violence differently? What should you do if you are charged with an offense of violence in Ohio? In this article we will explore some of these questions.
Which Crimes are Offenses of Violence in Ohio?
In the General provisions definitions section of the Ohio Revised Code, the law defines “Offense of Violence” to include the following crimes (we use some paraphrasing to describe these crimes):
- Aggravated Murder
- Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
- Felonious Assault
- Aggravated Assault
- Assault
- Permitting Child Abuse
- Strangulation
- Aggravated Menacing
- Menacing by Stalking
- Menacing
- Kidnapping
- Abduction
- Extortion
- Trafficking in Persons
- Rape
- Sexual Battery
- Gross Sexual Imposition
- Aggravated Arson
- Arson
- Terrorism
- Aggravated Robbery
- Robbery
- Aggravated Burglary
- Inciting to Violence
- Aggravated Riot
- Riot
- Inducing Panic
- Swatting
- Domestic Violence
- Intimidation
- Intimidation of Attorney, Victim, or Witness in Criminal Case or Delinquent Child Action Proceeding
- Escape
- Improperly Discharging Firearm at or into a Habitation, in a School Safety Zone or with Intent to Cause Harm or Panic to Persons in a School Building or at a School Function
- Abuse Against a Resident or Patient at a Care Facility by a Person who Owns, Operates, or Administers, or who is an Agent or Employee of the Care Facility
- Burglary
- Abuse, torture, and sometimes excessive punishment of children
- Felonious Sexual Penetration
- Any crime that involving harm or risk of harm to another person (other than traffic violations)
- Conspiracy, attempts, and complicity to another crime of violence
- Knowingly Causing Serious Physical Harm to a Companion Animal
How Does Ohio Treat Offenses of Violence Differently?
One of the ways that Ohio law handles offenses of violence different from other criminal records is the way a felony of violence in Ohio affects expungement. Felonies of violence cannot be sealed or expunged. Furthermore felonies of violence can prevent the sealing and expungement of F4, F5, and misdemeanor crimes that could otherwise be expunged.
Some of the offenses of violence also carry extra implications by their nature. The sexually oriented offenses for example usually carry an obligation to register if convicted.
What Should I Do if I am Charged with an Offense of Violence in Ohio?
While offenses of violence in Ohio may come with extra penalties or effects on a criminal record, they are like other criminal offenses in the sense that hiring an attorney is often the best way to avoid conviction and/or get the best deal possible. If you are charged with an offense of violence, or any other crime in Ohio, be sure to contact Dearie, Fischer & Martinson.
