I was charged with domestic violence in 1985 and 1989. I was recently charged with the same offense. They are charging me with a 3rd degree felony. Can they make a 3rd degree felony charge stick, since my prior charges were 25 and 29 years ago?
Yes, they could. The age of your priors is irrelevant. A third DV conviction is an F3. You should start working with a lawyer as soon as possible.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
Yes, the prior convictions can be used to enhance your new charge. However, it is not always easy for the Governmnent to prove the fact of your prior conviction beyond a reasonable doubt, especially when the convictions are that old. You need to hire an attorney.
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