SPECIFIC ILLEGAL OFFENSES IN DAYTON OHIO

Drug Offenses, Firearm and Weapons Offenses, Sexual Offenses

Theft and Shoplifting Offenses, Fleeing or Eluding a Police Officer, Domestic Violence

DRUG OFFENSES

In Ohio the possession of even small quantities of controlled substances can lead to time in jail. Possession is usually defined either as actual possession with the substance is found on the person or in the home or vehicle, or as constructive possession in which the suspect doesn’t actually have the drug but can, effectively, exercise domain or control over the drug at anytime. In Ohio drug offenses can also mean the confiscation of cars, home or other property. In this case the owner of the property must quickly file a claim for the return of the property or risk forfeiture. Property forfeiture cases are often handled in civil court separately from any criminal proceeding. Drug possession can be a misdemeanor or a felony depending on the exact nature of the crime. Dealing in drugs in an extremely serious offense and in Ohio the trafficking in significant qualities of a controlled substance can lead to a mandatory prison sentence. Cases of drug trafficking are sometimes handled by the Drug Enforcement Agency and tried in federal court. The penalties such drug dealing or trafficking can be very harsh and are often accompanied by the confiscation of property and measured by the Internal Revenue Service to recover back taxes owed based on the value of the drugs. This in turn can lead to the forfeiture of property by the IRS in addition to the prison sentence received for the crime itself.

FIREARM AND WEAPONS OFFENSES

Firearm offenses can be either misdemeanors or felonies. The law distinguishes between firearm offenses in which the gun is an official element in the crime and offenses whereby the firearm is in addition to the crime. Carrying a concealed firearm is an example of a crime in which the gun is an essential part of the crime. If you carry a concealed firearm in Ohio where this is not permitted you may be found guilty of a felony offense known as carrying a concealed weapon. A crime committed using a firearm when the firearm is in addition to the crime is always treated as a more serious offense than if no firearm is used. Assault, for example, is usually charged as a misdemeanor offense, while assault with a firearm is a felony. In many cases Ohio imposes a mandatory three-year prison sentence with any felony committed with the aide of a firearm known as a firearm specification. In such cases the client has no opportunity for release until the minimum three-year sentence has been completed. Because of the increases of gun related crimes in recent years, many states have now imposed even stricter laws and tougher punishments for any felony in which the use of a firearm is involved.

SEXUAL OFFENSES

Sexual offenses are crimes that may include rape, sexual battery, gross sexual imposition, importuning and unlawful sexual conduct with a minor. In Ohio sexual conduct with a person under the age of sexual consent (13) is classified as rape under 13 because a person under age 13 cannot consent to a sexual act. It is still considered rape even if the sexual act was voluntary and consensual. Sexual battery is the use of force to coerce another person to commit a sexual act. The other person doesn’t need to be a stranger, but can be a date, acquaintance, or friend. The exact definition of sexual offenses and the penalties for these crimes differs among the states. But in all states sexual offenses are taken very seriously, particularly when they involve a child. Some states have an automatic 25-year imprisonment penalty for sexual offenses involving a child. In Ohio convicted sexual offenders must also undergo an HIV test. Ohio publishes lists of convicted sexual offenders. Ohio categorizes sexual offenders in three categories – Tier I, Tier II and Tier III. Depending on the offense, registration as a sexual offender can last for life. If you are suspected of committing a sexual offense you should immediately consult an attorney.