Criminal Defense Law in West Virginia and Ohio

Criminal Cases Like DUI/DWI Are Almost Never Cut and Dry

Any type of criminal charge, whether it is a misdemeanor or a felony, requires serious consideration of several important factors. Criminal cases are almost never cut and dry, and it is important to protect your rights. Contact us online to arrange for a consultation. Jay Gerber is a member of the American Association of Premier DUI Attorneys. He has additional training and resources at his disposal that other attorneys do not have. Jay wants you to know:

“I have tried dozens of DUI/OVI cases in West Virginia and Ohio. In any criminal case, but especially in DUI/OVI cases, you need an experienced criminal defense attorney who knows how to size up the prosecution’s case, take advantage of any mistakes made by the police or the prosecutor, find evidence favorable to you, and navigate you through court system to give you the best possible outcome.”

Wise Legal Advice from Jay When Considering a Guilty Plea

“Dozens of people plead guilty every day to criminal charges, often in spite of little to no credible evidence. You always need to have a competent criminal defense attorney review your case before taking this route. Penalties could be reduced. Charges may be dismissed. The case could be won.”

Some clients may have the mistaken idea that pleading guilty will result in a less lengthy sentence from the court, but this is not always an offer. Depending on an individual’s current charge and previous criminal justice history, you could face stiff penalties.

If you are facing criminal charges, please contact me today (304) 485-5372.

Protect Your Rights: Criminal Law Matters in Ohio and West Virginia

Driving while intoxicated DUI/DWI/OVI
Felony and Burglary

Drug Crimes
Domestic Battery

Shoplifting/Retail Theft
Expungement

Felony Classifications for Crimes in Ohio

First-degree felony charges in Ohio are very serious crimes, while fifth-degree is the least serious classification. Though there are a variety of felony offenses within Ohio, the most common crimes are typically classified into these levels:

First-degree felonies include murder, kidnapping, and rape.
Second-degree felonies include abduction and illegally creating explosives.
Third-degree felonies include fleeing and eluding and certain drug offenses.
Fourth-degree felonies include sexual conduct with a minor and grand theft auto.
Fifth-degree felonies include receiving stolen property and breaking and entering.

If a defendant is charged with an extremely serious crime outside of the degree system, for example an unclassified felony like aggravated murder, they face a separate set of sentencing rules.

Penalties for Felony Offenses in West Virginia

Felony offenses in West Virginia, are typically divided into six classes. Conviction can result in significant penalties:

Class 1 felonies involve the most serious offenses, such as murder, and are punishable by life imprisonment or the death penalty.
Class 2 felonies are punishable by up to 25 years in prison.
Class 3 felony crimes carry a sentence of between five and 25 years in prison.
Class 4 felonies are punishable by two to 10 years in prison.
Class 5 felonies carry a fine of $2,500 and imprisonment of one to 10 years.
Class 6 felony conviction has a maximum sentence for these is a $2,500 fine and five years in a state penitentiary.

Some examples of felony offenses include most forms of sexual assault, serious or repeat offenses of assault and battery, drug distribution, and many white-collar crimes.

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