Legal Question in Criminal Law in Ohio

felony domestic violence

He has a previous record, he was charged with domestic violence with former wife. This incidnet occured with current girlfriend while they were arguing. Defendent was intoxicated. Witness/Victim is willing to drop charges, and is going to plead the fifth when the case goes to grand jury. No date has been set for the grand jury. Is there a limit to how long it will take to go to grand jury? Defendent has an attorney who is not too informative, he has stated that he is trying to get charges dropped to a misdomeanor, but is not too confident. What are the possible outcomes if the witness, is not willing to testify? What degree of felony is this crime? What are the possible outcomes if he is charged with the felony? Is is possible that the prosecuter will allow a lesser charge if defendent wants to go to jury trial?


Asked on 9/17/03, 10:35 am

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: felony domestic violence

The witness/victim is not under any possible indictment and can not plea the 5th as she has no testimony that would incriminate herself.

Because it is his second offense, it will most likely be a felony charge of the 5th degree, maximum sentence possible is 12 months in jail and a $7,500. fine. He probably would not get the max though., and yes, the prosecutor may be willing to reduce the charges.

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Answered on 9/17/03, 1:15 pm


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