What to Do When You’ve Been Falsely Accused of Domestic Violence

What to Do When You’ve Been Falsely Accused of Domestic Violence

by | All, Domestic Violence, Sex Crimes, Violent Crimes

Domestic violence is viewed by society and the courts as a serious charge against a criminal defendant. Regardless of whether you’re guilty or innocent, mere allegations of domestic violence against you can adversely affect your life and your future.

While millions of people are abused by their spouse or partner every year, (approximately 1 in 4 women and 1 in 7 men) unfortunately, some people are quick to fabricate stories in order to “get back at” the alleged offender. These allegations are not only hurtful but undermine those that are true victims of domestic violence. If you’ve been accused or charged with a domestic violence offense, it’s extremely important that you contact an experienced domestic violence defense lawyer right away to protect yourself. It is not an admission of guilt.

What is Domestic Violence?

Many people believe that domestic violence is limited to a physical action against a spouse, family member or significant other.

Under Ohio law, victims of domestic violence are protected by both civil and criminal laws. Domestic violence can be physical, emotional, sexual, or financial. Domestic violence charges may also extend to:

  • Stalking
  • Mental/psychological abuse
  • Destruction of personal property
  • Cyberbullying
  • Throwing things toward the victim (even if they don’t actually hit the victim)
  • Sexual abuse

Whether domestic violence charges are charged as misdemeanors or felonies depends on the allegations, the age of the individuals, and whether there were weapons involved, and the associated punishments will range accordingly.

Understanding Domestic Violence Charges

Though unfair, people may accuse individuals of domestic violence for a number of reasons. Disputes can arise during a divorce, custody hearings regarding children, or just due to day-to-day stress of living under the same roof. If the alleged victim is seeking marital assets in a divorce or seeking custody of children, they might believe that domestic violence allegations will help their cause.

Many domestic violence victims, unfortunately, later recant their testimony or state that they no longer want to press charges. However, by this time, it’s usually too late. The decision to go forward with domestic violence charges is completely up to the prosecutor on the case.

Experienced Domestic Violence Defense

Being wrongfully accused of something as serious as domestic violence can be scary and has the potential to dramatically impact your life.

Attorney Terry Sherman is an experienced criminal defense attorney that has helped many clients dismiss or lessen domestic violence charges against them. He knows how to navigate your criminal allegations from start to finish and will help you arrive at the best possible result.

5 Common Juvenile Crimes Committed During Summer Break

5 Common Juvenile Crimes Committed During Summer Break

by | All, Drug Charges, DUI, Juvenile, Sex Crimes, Underage Drinking

Summer break. It’s a time for barbeques, pool parties and…getting arrested? For some juveniles, the answer might be yes. Studies show that kids have a tendency to get into more trouble with the law during the months when they are not in school.

While overall juvenile arrest rates may be down, the number of teenagers who face criminal charges each summer remains high. The short and long term effects of a guilty conviction are harsh and can include:

  • Impacting their ability to get a job or to get a Commercial Drivers License
  • Impacting their ability to get public housing
  • Impacting their ability to enlist in the military
  • Depending on the severity of the crime, they may be prevented from carrying a firearm
  • Drivers License Suspension
  • Possible impact on return to school or transferring to a new school
  • Having to pay fines, court costs, and restitution where assigned
  • May affect immigration status

The following are 5 of the most common charges against juvenile offenders:

1. Operating a Motor Vehicle while Under the Influence (DUI / OVI)

While Ohio’s blood alcohol concentration (BAC) limit for adults age 21 years and older is 0.08 percent, minors are subject to a law known as “zero tolerance.” What this means that a juvenile driver can be arrested and charged for DUI / OVI if they are caught driving with any amount of alcohol, marijuana, or drugs in his or her blood. Teenagers who are arrested for drunk driving may also face related charges, such as underage possession, and use of a fake ID.

2. Possession of Marijuana and Other Drug Offenses

A significant portion of juvenile arrests involve marijuana and other drug-related offenses. Although juveniles caught with small amounts of marijuana are typically only hit with a fine, any juvenile conviction for a drug-related offense can potentially have implications for school enrollment, employment eligibility, and driving privileges.

3. Sexual Assault

Sexual assault crimes are prosecuted in Ohio at both the adult and juvenile levels. Prosecutors can seek to charge younger juveniles as adults depending on age and severity of the crime. Any teenager facing sexual assault charges, regardless of the severity, should seek legal representation immediately.

4. Criminal Traffic Offenses

Most traffic violations are misdemeanors; distracted driving, disregarding a traffic control device, speed exhibition, and speeding. Others may accompany criminal charges; DUI / OVI, causing bodily harm by the operation of a motor vehicle, evading an officer, and failure to stop at the scene of an accident.

5. Theft (Shoplifting)

Theft is another common juvenile offense. In Ohio, the penalties for theft are determined by the value of the property stolen, with the felony offenses carrying the potential for significant fines and even imprisonment.

If you or your teenager has been arrested, we encourage you to contact us for a confidential consultation. We have extensive experience in Ohio criminal matters, and we can help protect you or your child.

5 Things not to do when facing assault charges

5 Things not to do when facing assault charges

by | All, Violent Crimes

You didn’t intend to get involved in a fight when you went out for a night with your friends, but one thing led to another and you ended up getting pulled into a violent altercation and the police got involved. Now, you’re facing assault charges and you’re not sure what to do. Making the wrong choices could be detrimental to your case.

Here’s a list of common mistakes made when facing assault charges.

Talking to Police. Police are trained to manipulate you to get what they want, this includes evidence against you. For example, let’s say that you’ve been involved in a violent bar fight and the police are called. They might take you aside, hand you an ice pack for your swollen knuckles, tell you the other guy is clearly at fault and ask you for your side of the story. Naturally, you’ll want to explain yourself and tell your side, so you do. At that point, the police arrest you and charge you with assault. Unfair but legal, and also avoidable. The truth is, you don’t have to talk to the police. You’ve heard of your right to remain silent. That’s not just for after you’re arrested. You don’t have to speak to the police ever. Exercise your right to remain silent and stay silent until you talk with an attorney.

Talking with Others About the Assault. Being involved in an assault can be traumatic. It’s natural to want to talk about what happened with other people, to explain your side of the story or ask for advice. Just like talking to the police can hurt you, anything you say to other people can be used against you in court. This even includes those closest to you, like siblings and parents. It’s best to not discuss the incident with anyone except your lawyer.

Posting About the Incident on Social Media. Any time you’re involved in an incident that might result in you appearing in court, do not post about it on any social media forum, including Facebook, Twitter, or SnapChat. Prosecutors absolutely love to blow up huge images and Tweets for the benefit of the jury and use your words against you. So post anything, not even a fist emoji. It can be taken out of context and turned around to hurt you.

Contacting The Victim of the Assault. You may want to apologize, or clear the air, especially if the victim was a friend. Regardless of the reason, don’t do it. This is because anything you say to the victim may be used against you in court. Even if you had the best intentions.

Destroying Evidence. Maybe you’re reading this after you’ve already posted a video of the incident. Don’t delete the post and don’t delete the video from your electronic devices. This considered destroying evidence and can actually land you in more trouble.

Just like there are there are lots of things you can do that will hurt your case, there are also things you can do to improve your situation. With the help of an expert criminal defense attorney, you can give yourself the best chances of putting this behind you. Call Terry Sherman today to schedule a free legal consultation!

Arrested for legal medical pot? Here’s what you need to know about “affirmative defense”.

Arrested for legal medical pot? Here’s what you need to know about “affirmative defense”.

by | All, Drug Charges

After months of waiting and several launch date push backs, Ohio’s online portal for medical marijuana registration finally went live. While doctors who have been certified by the State Medical Board to recommend marijuana can access the website, that doesn’t mean marijuana products are legally available for purchase yet.

State officials said medicinal cannabis products should be available for patient purchase by the end of January.

After receiving a recommendation from their doctor, patients will be able to access the registry for an annual fee of $50 ($25 for caregivers), and either print out a registration card or save it on their cell phone to show to licensed dispensaries.

Building an “Affirmative Defense”.

Although it’s been inconsistently applied, the law generally allows someone arrested for possession of or use of medical marijuana to argue before a judge they otherwise qualify under Ohio’s law.

If the patient displays a physician’s recommendation and is using cannabis in a form allowed under the law, it will then be up to the judge whether to accept the argument and look the other way.

This is called the “affirmative defense”, which is part of the 2016 law that legalized marijuana for medical use only. The law’s author intended it as possible protection for those in need of medical marijuana before the product was available in Ohio, and would potentially allow them to get it from another state, such as Michigan. However, there have been cases of people being charged for possession despite the defense.

“The affirmative defense has always been there,” said board spokesman Grant Miller. “We didn’t want a situation where we were registering people and 60 days later when the affirmative defense expires there still were no dispensaries open with the product.”

“We have literally thousands of patients who are ready to be enrolled,” said Connor Shore, president of Ohio Marijuana Card. “These are people who need marijuana, not to get high, but because it is medicine for them. We have cancer patients, veterans and pain patients who are really suffering, so this day is very exciting for them.”

A handful of licensed growers are prepping and have a limited amount of product expected to be available soon, however, it remains to be seen when a reliable supply will be produced to allow retail dispensaries to open their doors.

Know what’s legal.

According to House Bill 523, the 2016 law legalizing medical marijuana only allows for use in oils, tinctures, patches, edibles, and plant matter. The law strictly prohibits smoking, but it does allow vaping.

Keep in mind that all of those products will need to be purchased at a licensed dispensary. The law forbids the home-growing of marijuana.

Prior to the portals launch, no legal registration card had been available in Ohio, although some doctors were issuing recommendations before they were officially certified to do so.

Need to know more?

The board’s hotline for answering questions about the registry is 1-833-464-6627.

If you’ve been charged with marijuana possession and you believe you qualify for an affirmative defense, you need an experienced attorney by your side. Contact Terry Sherman 614-444-8800

Fentanyl is a growing epidemic: Cops are cracking down

Fentanyl is a growing epidemic: Cops are cracking down

by | All, Drug Charges

Fentanyl:  “Just 2 milligrams — an equivalent to about 32 grains of salt — can be enough to kill a person”, said Jessica Toms, a laboratory supervisor at the Ohio Attorney General’s Bureau of Investigation (BCI). Fentanyl is similar to morphine but is 50 to 100 times more potent, according to the National Institute on Drug Abuse.

The total number of fatal drug overdoses in Ohio, increased to a record 4,854 last year. That’s an astounding 20% increase from the previous year. According to the Ohio Department of Health, this was the 8th year in a row to show an increase with the synthetic opioid fentanyl fueling the epidemic.

A spokesman for the Ohio Department of Health, says while a review of the data confirms fentanyl is absolutely driving overdose deaths, Ohio also is seeing significant progress in reducing the number of prescription opioids available for abuse.

A frightening state report on drug trends stated that drug cartels have flooded Ohio with fentanyl. In fact, many users don’t even realize they’ve taken fentanyl because it’s being cut into heroin, cocaine and even being pressed into prescription opioids.

According to the chief executive officer of the Ohio Council of Behavioral Health & Family Services Providers, Lori Criss, “Drug dealers are flooding communities with different drugs to see what takes. They are very smart business people.”  

Gov. John Kasich’s administration is spending more than $1 billion a year to fight the drug epidemic, most of it to provide addiction treatment through Medicaid expansion. Ohio is also investing in providing the opioid-overdose antidote, naloxone, to first responders supporting efforts including drug courts, housing for addicts in recovery as well as educational programs.

Naturally, along with the fight against the drug epidemic, comes an increase in drug-related arrests, such as drug possession and DWI arrests. This only adds to Ohio’s increasingly overpopulated prisons.

Defense attorney Terry Sherman can fight for your freedom. Call 614.444.8800 to discuss your charges. Your phone call is free.

Sexual Assault Accusation

Sexual Assault Accusation

by | All, Sex Crimes

How does Ohio define sexual assault crime?

 

Sexual assault is any unwanted sexual encounter without the consent of the person being pursued. Sexual assault can present itself in a number of different ways.

Statutory laws are used to prosecute offenses that are related to the victim being below the Ohio Age of Consent. Non-statutory rape laws are used to prosecute cases where force or coercion was used by the assailant.

Ohio has defined 5 crimes that are used to prosecute sexual assault in Ohio.

1. Gross Sexual Imposition § 2907.05: If the offender has or causes someone else to have sexual contact with someone whose ability to resist or consent is impaired due to a mental or physical condition for any reason. This includes advanced age, drug intoxication or by threat of force.

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Punishment: 6-18 months in prison / If the victim is under age of consent: 1-5 years in prison

2. Rape § 2907.02: If the offender engages in sexual conduct with another through force or threat of force or when the victim’s ability to resist or consent is substantially impaired due to a mental or physical condition for any reason. This includes advanced age and drug intoxication.

Rape can take on several forms:

Date Rape – when a person is attacked by someone that they know
Stranger Rape – when a person is attacked by someone they don’t know.

Punishment: minimum 5 years in prison / If victim under 10, life in prison

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3. Sexual Battery § 2907.03: If the offender has sexual conduct with another, when the victim is a minor, and the offender is more than two years older than the other person, or when the offender is in a place of power or authority (such as a coach, teacher, law enforcement etc) and uses such to persuade the victim to consent.

Punishment: 1-5 years in prison / If the victim is under the age of 13: 2-8 years in prison

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4. Sexual Imposition § 2907.06: If the offender engages in “sexual touching” (i.e., the touching of another person’s erogenous area) when the offender knows the sexual touching is offensive to the accuser or is reckless in that regard; this includes if the victim is either underage (older than 13 but younger than 16), impaired due to a mental or physical condition of any kind including drug intoxication.

Punishment: Up to 60 days in prison for the first offense / up to 6 months for subsequent offenses

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5. Unlawful sexual conduct with a minor § 2907.04: If the offender is 18 years of age or older engages in sexual conduct with someone who is 13 years of age or older but less than 16 years of age or the offender is reckless in that regard.

Punishment: 6 months – 8 years in prison depending on several factors including age gap and previous offenses / If the offender is less than 4 years older than the victim – up to 6 months in prison

 

Managing False Allegations

 

If you’ve been accused of sexual assault, the thought of the legal process that you’re soon to encounter can be terrifying. Your life can be significantly impacted in a variety of ways. By responding quickly and aggressively with a criminal defense attorney by your side, you can move through the legal process as quickly as possible:

-Do not provide law enforcement with any information without your attorney present
-Hire a criminal defense attorney with experience in this area
-Write down your account of what happened, provide as many details as possible
-Make a list of witnesses who can attest to the events at the time of the alleged assault

The consequences of a conviction for sexual assault are serious and could include: incarceration, difficulty obtaining employment in the future, becoming a registered sex offender, restrictions regarding where you can live, and much more.

If you’re falsely accused of sexual assault, call defense Attorney Terry Sherman for a free case evaluation. He has 45+ years experience and exceptional track record of success.   To learn more about Sex Crimes Defense, click here.