Misdemeanor Charges In Cuyahoga County
In the state of Ohio, less serious criminal offenses are charged as misdemeanors. Although these types of crimes are considered less severe than felonies, misdemeanors still carry substantial consequences if convicted, including incarceration. There are many different criminal offenses that are designated as misdemeanors in Ohio, however, standard misdemeanors can also be enhanced to a felony based on an individual’s criminal history and the circumstances of the case. Excluding minor misdemeanors, all other misdemeanors are punishable by jail time and fines. If you're facing misdemeanor charges in Cuyahoga County our Strongsville misdemeanor defense attorney can help you fight the case and secure the best possible outcome.
Understanding Misdemeanors In Ohio
Crimes that cause serious physical or financial harm to others are generally designated as felonies and have harsh penalties attached to them. Some of the more common types of felonies include murder, assault, robbery, or rape. Whereas misdemeanor offenses are considered to be less harmful to others. However, being convicted of certain misdemeanor crimes like a domestic violence offense in Parma Heights or a drug possession charge in North Royalton can prevent you from having certain freedoms that you've become accustomed Examples of these restrictions include the ability to purchase a firearm or find a new job. Ultimately, misdemeanors charges and penalties can vary depending on the crime, your best course of action is to seek representation from a skilled misdemeanor defense lawyer in Cuyahoga County. Godinsky Law LLC frequently represents clients facing misdemeanor offenses, and understands how to best combat them.
Types Of Misdemeanor Charges
Misdemeanor offenses in Cuyahoga County include both criminal charges as well as traffic violations. Usually, minor misdemeanors involve a traffic infraction, for example, speeding, running a red light, cultivating marijuana, or disorderly conduct. It's important to understand that minor misdemeanors are the only misdemeanors that do not carry the potential of jail time. All other standard misdemeanors in Cleveland will have a designated jail sentence and fine amount. Some of the most common types of misdemeanor charges that we represent in Cuyahoga County include:
Penalties For Misdemeanor Charges In Ohio
As mentioned earlier the penalties for a misdemeanor can vary greatly depending the type and severity of the crime. However, all misdemeanors are divided into five levels or degrees and have standardized jail time and fines associated with each. These misdemeanors range from the least serious (minor misdemeanors) to the most serious (first-degree misdemeanors). The potential sentence for a misdemeanor conviction is as follows:
One of the main differences between misdemeanors and felonies is that any period of incarceration for an Ohio misdemeanor will be served in county jail, rather than a state prison. A judge may also impose additional or alternative consequences for a misdemeanor conviction. For example, house arrest with monitoring, probation, or community service. The court may also require you to seek counseling or alcohol treatment following a conviction. The court can also revoke your driving privileges in DUI/OVI convictions.
Misdemeanors vs Felonies
Although misdemeanors and felonies may seem straightforward, it's common for misdemeanor to be upgraded to a felony and a felony to be downgraded to a misdemeanor. The exact charge is based on the facts of your particular case as well as your previous criminal record. A good representation of the complexity of misdemeanors vs felonies, is a domestic violence offense. For example, if a family member has reason to believe that the accused has plans for violence by threat of force, they will be charged with a fourth-degree misdemeanor. However, if the accused actually attempts to cause physical harm to a family or household member, then they can be charged with a first-degree misdemeanor. As you can see, the difference between a fourth-degree and first-degree misdemeanor can easily be manipulated without skilled and aggressive representation from a Strongsville criminal defense attorney. Other examples of how domestic violence charges can be enhanced include:
What Is A Municipal Court?
Municipal courts handle traffic offenses and criminal misdemeanors. If you are ticketed for a traffic infraction, like reckless driving, suspended license, or any type of misdemeanor offense, your case will likely be heard in a Cuyahoga County municipal court in which you were ticketed or arrested. If you are not sure of where to go to argue against the traffic ticket or defend yourself against a misdemeanor charge, contact Godinsky Law LLC. Our legal team has extensive experience in handling cases in the greater Cleveland area. Including specialized experience representing clients in municipal courts which can be used to your advantage when representing your case.
Learn More About Cuyahoga County Municipal Courts
Advantages Of Municipal Courts
There are certain situations and cases that would benefit from being heard in a municipal court over other courts. For example, municipal courts are less often accused of different types of corruption compared to Mayor's Courts. In fact, there are many instances where the specific court or type of court that hears your case can have a direct impact on its outcome. If you or your Strongsville misdemeanor defense attorney believe it's in the best interest of your case to have it tried at the Cuyahoga County Municipal Court, you should discuss the pros and cons and determine the best path forward.
Statute Of Limitations For Misdemeanors
When a crime is committed, the statute of limitations clock begins to tick, which means that the state of Ohio has a set period of time within which to begin criminal prosecution before the crime is voided. First, second, third, and fourth-degree misdemeanors in Ohio typically have a statute of limitations period of 2 years, while the limitation period is 6 months for minor misdemeanors. (Ohio Rev. Code Ann. § 2901.13).
Frequently Asked Questions
In Ohio, the minimum penalty for any misdemeanor charge is no less than 6 months in jail and/or a fine of $1,000. The penalty will usually involve community service, along with some type of financial sanctions and court costs. Fines are generally more common than jail time for misdemeanor offenses. A Strongsville misdemeanor defense attorney can help you secure the best possible outcome in your case.
Yes, you can get a misdemeanor sealed from your record. However, getting a misdemeanor charge sealed is not necessarily easy. To do so, the court needs to be presented with evidence before the judge will agree to the Expungement. If your misdemeanor offense is relatively minor, the chances of you securing an Expungement are high. A petition needs to be filed before the process of Expungement can begin.
Although misdemeanors are considered less serious compared to felony offenses, they are still criminal offenses and carry serious consequences. If you're facing misdemeanor charges in Cuyahoga County, you may be looking at jail time, fines, and additional consequences from the court. Luckily, our experienced Strongsville misdemeanor defense attorney has handled countless misdemeanor cases and successfully reduced charges on a large amount them. Call Godinsky Law LLC today for a free case evaluation.
Contact Our Strongsville Misdemeanor Defense Attorney Now
Being charged with any type of crime is a frightening experience, even if it's a minor misdemeanor charge. A conviction can negatively impact your life in more ways than you might think. For example, extended time in jail, steep fines, and a judgmental stigma that can follow you for a lifetime. At Godinsky Law LLC, we understand how stressful this time can be, that's why we've made it our mission to stand by throughout the legal process and relentlessly fight for your best interest. Our Strongsville misdemeanor defense attorney is dedicated to helping our clients throughout Cuyahoga County. From North Royalton to Parma Heights, Chris Godinsky will leave no stone left unturned when representing your case. If you're facing misdemeanor charges in the Cleveland area, contact our office today for a free consultation.