In Ohio, crimes against the person refer to offenses that directly cause (or threaten) physical harm to another human being. These crimes focus on protecting people’s safety and bodily integrity, rather than other interests, such as property.
Prosecutors treat these crimes with great severity because another person is directly at risk, and the resulting penalties can be relatively more serious as well. Convictions for these crimes often carry long prison sentences and lasting criminal records that can impact your ability to live your life freely going forward.
If you’ve been accused of a crime against the person in Ohio, it’s crucial to understand what that means and what legal defenses might be available to you.
Common Examples of Crimes Against the Person
The Ohio Revised Code (ORC) lists many different offenses under this category.
Some of the most common include:
- Assault and aggravated assault (ORC § 2903.13, § 2903.12): Intentionally or recklessly causing or attempting to cause physical harm to another person. Aggravated assault involves serious harm or the use of a deadly weapon.
- Homicide (ORC § 2903.01 through 2903.04): The unlawful killing of another person, ranging from aggravated murder to involuntary manslaughter.
- Kidnapping and abduction (ORC § 2905.01, § 2905.02): Using force and/or deception to remove or restrain someone’s liberty in a specific kind of way.
- Menacing and stalking (ORC § 2903.21 through 2903.211): Threatening or repeatedly harassing another person, causing them to fear for their safety.
- Sexual assault and rape (ORC § 2907.02 through 2907.06): Engaging in non-consensual sexual conduct or contact with another person.
- Domestic violence (ORC § 2919.25): Causing or threatening harm to a family or household member.
Each offense has its own elements that prosecutors must prove beyond a reasonable doubt.
What Are the Potential Penalties for Crimes Against the Person?
Penalties for these offenses vary depending on the charge, the level of harm caused, and whether the defendant has prior convictions.
For example:
- Misdemeanor assault can result in up to 180 days in jail and a fine of $1,000.
- Aggravated assault may sometimes be charged as a second-degree felony, punishable by up to eight years in prison and $15,000 in fines.
- Aggravated murder, Ohio’s most serious offense, carries a potential life sentence.
- Rape charges typically lead to lengthy prison sentences and mandatory sex offender registration.
Beyond incarceration and fines, a conviction for a violent crime can affect nearly every aspect of your life. For example, it can make it very difficult to find housing and employment.
How Do Prosecutors Prove Crimes Against the Person?
The prosecution must meet the heaviest evidentiary burden of proof standard under the law in order to secure a conviction.
This usually involves evidence such as:
- Eyewitness statements and police reports
- Medical records documenting injuries
- Video surveillance or photographs
- Forensic evidence, such as DNA or fingerprints
- Communications demonstrating threats and state of mind
A skilled criminal defense attorney can challenge how forms of evidence like these are collected and presented in court.
Defenses You May Be Able to Raise Against Crimes Against the Person
Every case will involve a unique legal strategy, but some of the most common defenses in crimes against the person cases include:
- Self-defense: Ohio law allows the use of reasonable force to protect yourself or others from imminent harm
- Defense of others: Similar to self-defense, this applies when you act to protect another person from harm
- Lack of intent: Most violent crimes require intent to cause harm or another culpable mind state, like recklessness
- False accusations: Some people face charges due to misunderstandings and mistaken identity
- Insufficient evidence: If the evidence against you is weak or improperly obtained, the case may not hold up in court
An experienced criminal defense attorney will thoroughly evaluate the facts and circumstances of your case to determine your best path forward as the law permits. They can also explain which defenses may or may not be best suited for your specific situation once they know more about it.
Contact Our Cincinnati Criminal Defense Lawyers for a Free Consultation
Being charged with a crime against the person in Ohio doesn’t mean you’re automatically guilty. It’s important to remember that even in cases like these, you still have constitutional rights and the opportunity to defend yourself.
A conviction for these types of crimes could lead to years in prison and a permanent criminal record, so it’s essential to take them seriously. However, with the right legal assistance, you can effectively fight back against these allegations.
Contact a Cincinnati criminal defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers today for a free consultation, call us at (513) 333-0014. Once we learn more about the facts in your case, we can begin to develop a legal strategy and provide you with guidance on how to proceed.
