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How To Use Our FAQ’s

If you have a question about Criminal Law & Procedures in Dayton, Ohio, it’s likely that we have the answer right here.

There are three ways to find the answer to your question. One, you can scroll through the information below, or two, just type your question in the search box to the right and click search.

Or three, you can Ask Attorney Mulligan

If you are arrested for Soliciting a Prostitute, you will most likely be taken to the County Jail.

Once you arrive at the jail, you will be given a bond and you will not be able to leave the jail until the bond is posted.

This usually requires another individual to come to the jail and post your bond for you.

Then you will have to address your charges in court.

Soliciting a Prostitute is a misdemeanor of the first degree, which includes a maximum jail sentence of 180 days and a $1,000 fine.

In addition, Soliciting a Prostitute is not expugnable so it will remain on your record permanently.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

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What Is The Difference Between Rape And Sexual Battery?

There are multiple ways to be charged with Rape but most of them include forcing someone to participate in sexual conduct.

There are also multiple ways to be charged with Sexual Battery, however, they typically include consensual sexual conduct that is prohibited by law.

For example, if you have sex with a stepparent or a stepchild, that is sexual battery, even if it is 100% consensual by all parties involved.

Rape never includes consensual sex.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

There are many different factors in a rape case that determine how much discretion the judge will have for sentencing.

For example, the age of the victim, if physical harm was involved, if a date rape drug was used, etc.

The worst sentence a judge can give is life without parole so it is important to make sure you are properly represented if you are charged with rape.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

Tier 1 registration is the lowest tier, meaning it is for the least amount of time.

However, a Tier 1 sex offender will have to register for 15 years.

Registering as a sex offender has a drastic effect on peoples’ lives.

If you are charged with any type of sex crime, you need to contact us immediately.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

Ohio law has determined that a person who is under the age of 13 is not capable of giving consent to any type of sexual activity.

Therefore, any type of sexual activity with a child under the age of 10 is considered rape because the child cannot legally consent.

Rape under 10 carries a possible life without parole sentence.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

Ohio law has determined that a person who is under the age of 13 is not capable of giving consent to any type of sexual activity.

Therefore, even if a child at the age of 12 verbally consents to participating in a sexual act, Ohio law mandates that you be charged with rape because that 12 year old is not capable of consenting.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

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Is Parole A Possibility After a Life Sentence For Rape?

If you are charged with Rape, there are a few ways to get life in prison without the chance of parole if you are subsequently convicted.

1) If you have previously been convicted of Rape,

2) If you caused serious physical harm to the victim, or

3) If the victim is less than 10 years of age.

If any of these three facts are present when you are charged with Rape, Ohio law allows the Judge to give you life without parole. However, it is not mandatory.

If you need help in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

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What Is The Penalty For Sexual Battery?

Sexual Battery is a third degree felony, but can be a second degree felony with mandatory prison time in certain situations.

A third degree felony carries up to 5 years in prison and a $10,000 fine.

If you need in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

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What Does Unlawful Sexual Conduct With A Minor Mean?

In Ohio, Sexual conduct means intercourse or penetration.

Unlawful Sexual Conduct with a Minor means there was intercourse or penetration with a person who is under the age of 16 but above the age of 13 and the offender was above the age of 18.

If the sexual conduct was forced or coerced, or the victim was under the age of 13, then the charge will be Rape.

If you need in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

The age of consent in Ohio is 16.

If you are 18 or above and have any type of sexual relation with a person who is under the age of 16, you will be charged with some type of sex crime.

The ages of the offender and the victim will determine what will be the charge and how serious it will be.

Typically, the charge will be Unlawful Sexual Conduct with a Minor, which is a fourth degree felony.

This carries up to 18 months in prison and the requirement of registering as a sex offender.

If you need in the Dayton Area, please call us at (937) 228-9790 for a free consultation.