domestic violence, Negligent assault, and assault comparison

[thedvcase]

What is the name of your state? OH

How do you compare "domestic violence" to "Negligent assault" and "assault" charges? My boyfriend has been arrested and the prosecutor is offering one of the above options? Which one should he take? Which one is better for my boyfriend? Overall how do you rank them in compare together?

Thanks

 

[JETX]

How do you compare "domestic violence" to "Negligent assault" and "assault" charges? My boyfriend has been arrested and the prosecutor is offering one of the above options? Which one should he take? Which one is better for my boyfriend? Overall how do you rank them in compare together?

Per Ohio Revised Code:
§ 2919.25. Domestic violence.
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
(D) (1) Whoever violates this section is guilty of domestic violence.
(2) Except as otherwise provided in division (D)(3) or (4) of this section, a violation of division (C) of this section is a misdemeanor of the fourth degree, and a violation of division (A) or (B) of this section is a misdemeanor of the first degree.

§ 2903.13. Assault.
(A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn.
(C) Whoever violates this section is guilty of assault. Except as otherwise provided in division (C) (1), (2), (3), (4), or (5) of this section, assault is a misdemeanor of the first degree.

§ 2903.14. Negligent assault.
(A) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another or to another's unborn.
(B) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.

§ 2929.24. Definite jail terms for misdemeanor; eligibility for county jail industry program; reimbursement sanction; costs of confinement.
(A) Except as provided in section 2929.22 or 2929.23 of the Revised Code and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following:
(1) For a misdemeanor of the first degree, not more than one hundred eighty days;
(2) For a misdemeanor of the second degree, not more than ninety days;
(3) For a misdemeanor of the third degree, not more than sixty days;
(4) For a misdemeanor of the fourth degree, not more than thirty days.

From the above, it is obvious that the less punishment would be assigned to the fourth degree misdemeanor.... which is the 'domestic violence' charge.

 

[seniorjudge]

What is the name of your state? OH

How do you compare "domestic violence" to "Negligent assault" and "assault" charges? My boyfriend has been arrested and the prosecutor is offering one of the above options? Which one should he take? Which one is better for my boyfriend? Overall how do you rank them in compare together?

Thanks

Tell us what the cops say your boyfriend did. We would need to compare the facts to the laws JETX posted.

 

[thedvcase]

Tell us what the cops say your boyfriend did. We would need to compare the facts to the laws JETX posted.

Originally the prosecutor was going to offer disorderly conduct with no objection from the judge but the cop is not flexible at all and said no? Does the cop have the power to say no to the prosecutor and judge’s offer?
The thing is that my boyfriend is in the process of getting his green card and he is very scared of deportation?

Does any of these charges cause of deportation? If yes, what other options can he ask from the prosecutor?

HE LIVES IN OHIO.

Thanks

 

[seniorjudge]

Originally the prosecutor was going to offer disorderly conduct with no objection from the judge but the cop is not flexible at all and said no? Does the cop have the power to say no to the prosecutor and judge’s offer?
The thing is that my boyfriend is in the process of getting his green card and he is very scared of deportation?

Does any of these charges cause of deportation? If yes, what other options can he ask from the prosecutor?

HE LIVES IN OHIO.

Thanks

Tell us what the cops say your boyfriend did. We would need to compare the facts to the laws JETX posted.