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513-924-4378

Felony OVI

Felony OVI Attorney in Forest Park

Former Prosecutors Fighting Felony OVI Charges in Forest County, OH

Facing a felony OVI charge in Forest Park, OH, can be daunting. At Shark Law, we understand the complexities of the Ohio legal system and are here to help you navigate these challenges. 

Our team, led by Shane 'The Shark' Herzner, employs extensive legal knowledge and trial experience to craft strategic defense plans tailored specifically to your case. We are dedicated to securing the best possible outcomes for our clients, ensuring your rights and future are protected.

Forest Park is renowned for its community spirit and quality of life. This makes an OVI charge more noticeable, potentially impacting your reputation and relationships. Understanding this, our firm offers not just legal defense but also emotional support as you navigate the judicial process.

Trust a felony OVI attorney in Forest County who’s a former prosecutor. Call (513) 924-4378 now or contact us online for a free consultation.

Understanding Ohio's Felony OVI Laws

While most first, second, and third OVI offenses in Ohio are misdemeanors, certain circumstances or "aggravating factors" elevate an OVI to a felony. These circumstances reflect a legislative intent to impose harsher punishments for conduct deemed particularly dangerous or for habitual repeat offenders. A knowledgeable felony OVI attorney in Forest County will quickly identify if your charge falls into one of these felony categories.

Key Aggravating Factors That Elevate an OVI to a Felony in Ohio:

  • Fourth or Subsequent OVI Conviction (within 10 years of a prior conviction)
  • OVI Causing Serious Bodily Injury
  • OVI Causing Death

The specific nuances of each felony OVI charge, particularly the causation elements in injury/death cases and the validity of prior convictions for enhancement, are absolutely critical. A skilled felony OVI attorney in Forest County will meticulously analyze these elements in relation to your specific charges.

Penalties and Collateral Consequences of Felony OVI Convictions in Ohio

A conviction for felony OVI in Ohio carries severe and life-altering penalties, extending far beyond incarceration and impacting nearly every aspect of your life.

  • Prison Time: Ranging from 60 days up to 30 months (2.5 years) for a fourth OVI, and potentially 5 years or more for higher-level felonies (e.g., Aggravated Vehicular Homicide).
  • Mandatory Minimum Prison Sentences: Ohio law mandates specific minimum prison sentences for felony OVIs, severely limiting a judge's discretion.
  • Fines: From $1,350 to $10,500 for repeat OVIs, potentially higher for vehicular assault/homicide.
  • License Suspension: Mandatory 3-year to lifetime driver's license suspension. For felony OVI license suspensions, there is typically a "hard suspension" period of 180 days (for a first felony OVI) during which no driving privileges can be granted.
  • Mandatory Ignition Interlock Device (IID): Mandatory installation in your vehicle(s) for the full period of privileges or license restoration (e.g., 3 years or more), at your expense.
  • Restricted "Party Plates" (Yellow/Red): Mandatory display on your vehicle, clearly identifying it as belonging to an OVI offender.
  • Vehicle Forfeiture: Mandatory for fourth and subsequent OVI convictions.
  • Probation/Community Control: Even after prison, individuals typically face lengthy periods of strict supervision with numerous conditions (e.g., regular reporting, drug/alcohol testing, community service).
  • Mandatory Substance Abuse Treatment: Required completion of OVI school, assessment, and any recommended treatment.

A felony OVI conviction in Ohio carries severe and lasting consequences beyond direct penalties. It results in a permanent criminal record, significantly limiting future employment opportunities, often causing the suspension or permanent revocation of professional licenses, and leading to the loss of voting and firearms rights. Accusations and convictions also cause profound reputational damage, typically lead to civil lawsuits from victims, trigger severe immigration consequences including deportation for non-U.S. citizens, and result in significantly higher insurance costs.

Potential Defenses Against Felony OVI Charges

Successfully defending against felony OVI charges in Ohio requires a strategic approach that challenges the prosecution's evidence and legal premises. Our defense focuses on undermining key elements of the charge and asserting your constitutional rights.

  • Challenging Prior OVI Convictions (for Enhancement Purposes): Collaterally attack the validity of previous OVI convictions if they were obtained in violation of constitutional rights or involved significant procedural defects, preventing their use to enhance current penalties.
  • No "Operation" or "Physical Control": Argue that you were merely in the vehicle but not operating it or intending to operate it (e.g., sleeping in a parked car).
  • No Causation of Serious Harm/Death (for Vehicular Assault/Homicide): Contend that your OVI did not directly cause the serious physical harm or death, but rather external factors like another driver's negligence, road hazards, mechanical failure, the victim's conduct, or an intervening cause were responsible.
  • Challenging "Serious Physical Harm" Definition (for Vehicular Assault): Dispute whether the victim's injuries legally meet the definition of "serious physical harm," potentially aiming for a reduced charge.
  • Constitutional Violations: Aggressively file motions to suppress any evidence obtained in violation of your rights (e.g., unlawful search/seizure).
  • Alibi: Provide verifiable proof that you were not the driver or were in a different location at the time of the incident.

Why Choose Shark Law Firm For Your Felony OVI Defense

Opting for Shark Law means entrusting your case to a firm that values thorough case preparation and client-focused service. Here's what makes us a preferred choice:

  • Dual Perspective: Shane Herzner’s experience as a former Assistant Prosecutor provides invaluable insights into prosecution tactics, allowing us to build a formidable defense.
  • Personalized Defense Plans: Each case is unique, and we tailor our approach accordingly. We develop strategies specific to your situation, employing meticulous evidence analysis.
  • Client Communication: We prioritize open, continuous communication with our clients, ensuring you are always informed and involved in every step of your legal journey.

In addition to our strong legal defense capabilities, we offer guidance on managing the collateral consequences of a felony OVI charge. From advising on explaining the situation to potential employers to discussing the insurance ramifications, we provide comprehensive support. Recognizing the life-changing implications of a felony OVI, we aim to offer a holistic service that prepares clients legally and personally for what lies ahead.

Navigating the Forest Park Court System

Forest Park falls under the jurisdiction of the Hamilton County court system. Our familiarity with these local courts allows us to navigate your case efficiently, addressing any nuances specific to the area. Understanding local procedures and court staff can be a significant advantage, helping to expedite processes and foster positive communication.

Familiarity with Forest Park's court officials and procedures plays a crucial role in formulating effective defense strategies. This local insight enables us to manage expectations realistically and deliver informed predictions on case outcomes. Moreover, our relationships with various legal professionals allow us to initiate dialogues that could benefit case resolution through negotiations or plea bargains, potentially avoiding trial while still securing favorable outcomes.

Get the Guidance & Defense You Deserve

Facing a felony DUI charge is undoubtedly stressful, but you don’t have to navigate it alone. At Shark Law, we offer the dedicated support and strategic defense necessary to confront these charges effectively. By choosing us, you're gaining a legal partner committed to protecting your rights and future.

Contact us today at (513) 924-4378 for a free consultation. We’re here to listen, offer guidance, and build a defense strategy tailored to your unique situation. Let us help you regain control and move forward with confidence.

Steps To Take
After Felony OVI

The steps you take after a DUI arrest are critical. Here’s what to do:

  • Remain silent: Do not provide statements to law enforcement without a lawyer present.
  • Request an attorney immediately. Your rights can be compromised very early in the process.
  • Document everything: Write down everything you remember about the arrest—location, time, officer’s behavior, sobriety test details, and what was said.
  • Preserve evidence: If you have access to photos, videos, or names of witnesses, save them.
  • Contact Shark Law as soon as possible to begin building your defense.

Taking swift action allows us to request critical dashcam footage, challenge license suspensions, and preserve other evidence that might become unavailable over time.

Our Firm Stands With You

Sound legal defense is vital to obtaining the most favorable outcome possible for your case. Your attorney will contribute credibility to your account of the events, and use this to your advantage in the overall case proceedings. Call now: (513) 924-4378.

  • “Shane's ability to navigate the legal process and persuasive arguments in court were instrumental in securing a favorable result. I am forever grateful for his representation!”
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Get Your Free Consultation

  • Former Assistant Prosecutor
  • Compassionate & Aggressive Representation
  • Step by Step Support from Your Attorney
  • Free, No-Obligation Consultations

Ready to Begin? Call Today: (513) 924-4378

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