DOMESTIC VIOLENCE Repeat offense penalty boosted

It's not uncommon to encounter someone with multiple convictions.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- No matter how many times love went bad, the beater knew the punishment would be about the same.
Until now.
City Prosecutor Dionne M. Almasy calls the Legislature's enhanced penalty for repeat offenders of domestic violence, which took effect this month, "the biggest revision in probably 15 years."
Before, third and subsequent offenses never rose above a low-level felony, which meant six to 12 months in jail, Almasy said. Now, third and subsequent offenses are a midlevel felony, which means one to five years in prison.
Almasy said it's not uncommon to encounter someone with multiple domestic violence convictions. She said the offenders are now looking at substantial prison time.
"Before, no matter how many repeats they had it was always the same penalty," Almasy said. "The law was lacking."
Meeting the definition
For purposes of domestic violence, the law defines "family or household member" as someone who resides or has resided with the offender. The list includes a spouse, a person living as a spouse or a former spouse, parent or child or another person related by blood or affinity.
Almasy said her office often has to initiate a domestic violence charge because the victim is unwilling to sign a complaint. Uncooperative victims make prosecution difficult, she said.
Dawn Krueger, an assistant Mahoning County prosecutor, expects the new law will increase the number of trials because the possibility of five years in prison will reduce the number of plea bargains. Krueger handles all crimes of violence against women.
Krueger said she sees a lot of repeat offenders -- some with six or eight convictions. It's not unusual for a man to abuse the same woman over and over and then see the pattern continue with a new woman, she said.
"The most they could get was one year in prison," Krueger said. "I hope this [new law] acts as a deterrent."
Violence against family members is complicated because the parties involved frequently reconcile, Krueger said. The prosecutor said kids raised in abusive homes often grow up to be abusive and continue the cycle of violence.
Krueger said the new law won't stop victims from trying to drop the charges at municipal court, and she'd like to see fewer cases dismissed at that level.
Fewer light sentences
Detective Sgt. Delphine Baldwin Casey, a member of the Youngstown Police Department Crisis Intervention Unit, predicts that the new law will mean fewer "slap-on-the-wrist, plea-bargained sentences."
When offenders plead to a lesser charge, which means probation or little jail time, the victims, mostly women, get discouraged, Casey said. They feel it's not worth the effort to prosecute, she said.
"We have some well-known names here -- the same victim and the same offender," Casey said. "With the new law, I don't have to worry about them coming back every 90 days or whatever."
This enhancement is no joke -- domestic violence is a serious crime, Casey said.
The law that governs civil protection orders for domestic violence victims has changed, too. The list of crimes to be considered has been expanded to include any act of violence.
Krueger said the penalty has been enhanced to the midlevel felony for those who violate a protection order if the violation occurred during commission of a new crime. The punishment would be one to five years in prison.
Casey said she expects the revised law will translate into an increased workload for all involved in domestic violence cases, including agencies that serve battered women, victim-witness groups, police and prosecutors.
An analysis of the revised law by the Ohio Legislative Service Commission shows the potential for a large number of domestic violence cases shifting to common pleas courts. Also, with more offenders going to prison, the cost of incarceration for the Department of Rehabilitation and Correction could increase by as much as $6.6 million annually.
meade@vindy.com