If you’ve been convicted of a crime it could carry a lot of consequences. Not all crimes are equal, and some kinds of crimes have special conditions and consequences attached. For instance, a sex offense requires you to register as a sex offender. A violent offence would make you an ineligible candidate for record sealing. This short post will focus on violent crimes.
A violent crime or “an offense of violence” has a very specific definition. Rather than describing it like “causing harm to another” the law lists all the crimes that are considered violent. If a crime isn’t in the list (or a similar municipal ordinance or federal law) then it’s not considered violent. It’s important to note that even if you are found guilty of a conspiracy or attempt to commit any violent offense it still counts as an offense of violence. So, felonious assault and attempted felonious assault are both considered offenses of violence.
It’s very important to understand the charges against you and if you agree to a plea deal, you need to understand the consequences of what you’re pleading to. As an example, if you are charged with a misdemeanor assault that’s an offense of violence. Sometimes your lawyer may negotiate a plea to an attempted assault, which carries lower potential penalties. Your lawyer may also be able to negotiate a plea to a negligent assault, which is not an offense of violence.
There are also certain crimes that may or may not be considered violent depending on the section under which you’re convicted. Burglary is an excellent example. If you’re convicted under section 2911.12(B) it’s not a violent crime, but if you’re convicted under section (A) of that code then it is considered a violent crime. Domestic Violence also has an interesting exception. If you’re convicted under 2919.25 (A) or (B) then you’ve been convicted of an offense of violence. Yet, if you’ve been convicted under section (C), it’s still technically an offense of violence, but the law allows for this kind of conviction to be sealed! Likewise, the law allows you to seal a misdemeanor assault, even though it's an offense of violence.
Ohio also maintains a list of certain violent offenders. However, this list is NOT available to the public. It is for law enforcement use only. If you’re required to register as a violent offender, you will be made aware of such a requirement by your judge when you’re convicted.
For easy reference here’s a list of all the “offenses of violence”:
2903.01 Aggravated murder
2903.04 Involuntary manslaughter
2903.11 Felonious assault
2903.12 Aggravated assault
2903.15 Permitting child abuse
2903.21 Aggravated menacing
2903.211 Menacing by stalking
2905.32 Trafficking in persons
2907.03 Sexual battery
2907.05 Gross sexual imposition
2909.02 Aggravated arson
2911.01 Aggravated robbery
2911.11 Aggravated burglary
2917.01 Inciting to violence
2917.02 Aggravated riot
2917.31 Inducing panic
2919.25 Domestic violence
2921.04 Intimidation of attorney, victim or witness in criminal case or delinquent child proceeding 2921.34 Escape
2923.161 Improperly discharging firearm
2903.34(A)(1) Patient abuse
2911.12(A)(1), (2), or (3) Burglary
2919.22(B)(1), (2), (3), or (4) Endangering children where abuse, torture, excessive or unwarranted physical discipline is alleged former
2907.12 Felonious sexual penetration
Remember that a conspiracy or attempt to commit any of these offenses is still considered a violent offense. Also, any violation of a municipal ordinance, or a federal law, similar to any of these offences is considered an offence of violence.
If you’ve been charged or convicted of a violent crime contact an attorney to discuss its consequences and your options.