The outline of his hand still visible across her cheek, the distraught Ohio University senior recounted her boyfriend’s attack at a North McKinley Avenue apartment last February.
His hand landed forcefully across her face during an argument. He shoved her to the ground and stepped firmly on her chest, according to the Athens Police report.
He was charged with domestic violence, a first-degree misdemeanor. Although the case was dismissed, he faced 180 days in jail and a fine of $1,000, according to Ohio Revised Code.
A person charged with underage alcohol consumption, false identification or possessing alcohol underage could face the exact same charges. But surrounding states’ underage laws are not as strict.
The list of violent charges that fit within the parameters of a first-degree misdemeanor –– such as assault, vehicular homicide and menacing by stalking –– is substantial. But a person younger than 21 can join the list of vicious offenders by taking one sip of alcohol.
Although the penalty is steep, Athens County Municipal Court Judge William Grim rarely, if ever, issues the maximum sentence for underage drinkers, said Mary Norwood, director of the court’s Underage Drinker’s Diversion Program.
“(Grim) wants a person to take advantage of the (diversion) program, especially the sealing and expungement,” Norwood said. “It bothers him to think of a kid with a criminal record.”
The court’s diversion program, which includes paying a fine and completing a dozen hours of community service, is for first-time offenders only.
If an offender fails the program or does not want to participate and pleads guilty, he or she is generally given 20 hours of community service and a $250 fine in addition to the $104 court costs. The offender also has to complete a reading assignment and an alcohol-safety class.
On a second offense, Grim will usually abide by whatever the attorney works out with the prosecutor, which almost always includes two days in jail. Sometimes Grim will allow four days of electronically monitored house arrest in lieu of jail, Norwood said.
The possibility for a maximum sentence still looms, though, and Ohio penalties for first offenses far exceed those in surrounding states.
In Kentucky, a minor cited for underage-related offenses can have his or her license suspended for up to three months, serve up to 90 days in jail and pay up to $250 in fines, according to the Kentucky Legislature.
In Michigan, an underage drinker must pay up to $100 and might have to participate in a substance-abuse prevention program, undergo substance-abuse screening and assessment, and perform community service, according to Michigan Liquor Control Code.
And in Indiana, minors can have their driver’s licenses suspended for up to a year, be sentenced to up to 60 days in jail and ordered to pay up to $500, according to the Office of Code Revision Indiana Legislative Services Agency.
Meanwhile, in Ohio, a person can hit someone with his or her car and receive the same possible maximum punishment as an underage drinker.
as218907@ohiou.edu
