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RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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I have domestic violence cases felonies 3 degree my wife is

Customer Question

I have domestic violence cases felonies 3 degree my wife is willing to drop all charges what can happen are what she could do to drop them
Submitted: 10 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 10 months ago.

Thank you for your patience.

For a 3rd degree felony, a person can face 1 to 5 years in state prison in Ohio, and/or a fine up to $10,000. Additionally, if a domestic violence offender knew the victim was pregnant, the court is required to impose a minimum sentence of six months or one year, depending on whether the incident involved harm or a threat and whether the victim’s unborn child was harmed.

Prison time isn't otherwise mandatory, but because you typically get a 3rd degree felony charge for DV only after multiple convictions for the same thing, there stands a good chance that a prosecutor will be seeking, and a judge willing to impose, a prison term.

Unfortunately, since the state (through the prosecutor's office) is who actually files charges, there's little your wife can do to drop the charges, because it's not up to her. She can contact the prosecutor's office and tell them that she doesn't want to see you charged, that you are not a threat to her, and so forth, but that may not ultimately be enough. Domestic violence cases are treated very seriously so prosecutors do look at them carefully and don't just drop them when asked. They also don't need your wife's cooperation to charge you, if they believe they can prove the case through other evidence such as police reports, photos, a medical report, witness statements, etc.

You need to get yourself a lawyer if you don't already have one and see if they can negotiate with the prosecutor to reduce or drop the charge, citing your wife's willingness to not move forward on the case against you.

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Expert:  RobertJDFL replied 10 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page.

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