Criminal Defense – Page 2 – Jeff Hastings | Criminal Civil Defense Law Attorney Cleveland Ohio

Resisting Arrest in Ohio

Resisting arrest in Ohio can result in criminal charges. If convicted, you can be fined or jailed and have a permanent record. Resisting arrest is a felony.

The criminal charge of resisting arrest can occur when a person interferes with a lawful arrest performed by a law enforcement officer. If you are prosecuted for resisting arrest in Ohio, the prosecutor must prove that you attempted to prevent officers from arresting you. Whether you are charged with a misdemeanor or felony resisting arrest depends on the specific facts involved in the case.

Misdemeanor Resisting Arrest Charges in Ohio

You can be charged with a second-degree misdemeanor resisting arrest in Ohio if you have, recklessly or by force, resisted or interfered with your own lawful arrest or the arrest of another. In Ohio, a second-degree misdemeanor is punishable by up to 90 days in jail and a fine not to exceed $750. This charge is escalated to a first-degree misdemeanor if you have, recklessly or by force, resisted or interfered with your own lawful arrest or the arrest of another, and during the course of that resistance or interference, you caused physical harm to the arresting officer. A first-degree misdemeanor is punishable by up to 180 days in jail and a fine not to exceed $1,000.

Felony Resisting Arrest Charges in Ohio

A fourth-degree felony charge will apply to resisting arrest in Ohio if, during your resistance, you cause physical harm to the officer while using a deadly weapon. Even if you do not use the weapon to cause harm to the officer but simply possess a deadly weapon, you can be charged with felony resisting arrest. Even threatening the officer with a deadly weapon while resisting arrest can result in a felony charge. In Ohio, a fourth-degree felony is punishable from 6 to 18 months in prison and a fine not to exceed $5,000.

Proving Resisting Arrest Charges in Ohio

Resisting arrest charges have to be proven by the prosecutor, and in order to be convicted for resisting arrest charges, the officer must first demonstrate that the arrest was lawful. That is the defendant must have been informed that they were being arrested, and that upon receiving that information, interfered with the arrest. Without these requirements being met, you cannot be convicted with resisting arrest in Ohio.

It’s important to note that simply telling an officer that you won’t go with them does not constitute resisting arrest, and even people who have ran from police have not been charged with resisting arrest in Ohio. In order to avoid unfair charges when resisting arrest did not actually occur, it’s critical that you speak with an experienced criminal defense attorney.

If you are being charged with resisting arrest or other criminal charges, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Ohio Burglary Laws and Criminal Defense Options

Ohio burglary laws are complicated. Retain an experienced criminal defense attorney as soon as possible help you protect your rights.

The criminal charges of breaking and entering, burglary and aggravated burglary are all felonies Should you find yourself indicted on any of these charges, it is critical that you retain an experienced criminal defense attorney as soon as possible, to protect you throughout the legal process.

Ohio law breaks burglary down into three main offenses: Breaking and entering, burglary, and aggravated burglary.

Ohio Breaking and Entering

To be charged with felony breaking and entering (also referred to as B&E) you must trespass in an unoccupied structure with the intent to commit any theft or any other felony. If you are convicted of this breaking and entering, it is a fifth-degree felony punishable from 6 to 12 months in prison and a fine not to exceed $2,500.

Ohio Burglary

Generally, to be charged with felony burglary of the second or third degree, you must have trespassed in an occupied structure – by force, stealth, or deception – with the intent to commit a criminal offense. Depending on the facts of your case – that is, whether someone was present or likely to be present – you can be charged with second degree felony burglary, which is punishable from to two to eight years in prison, and a fine not to exceed $15,000. You can also be charged with a third-degree felony burglary, which is punishable from 12, 18, 24, 30, or 36 months in prison. Depending on your criminal history, you may be sentenced to 48 or 60 months in prison and a fine not to exceed $10,000. A fourth-degree felony burglary requires you to trespass in a home when someone else is present or likely to be present. A fourth degree felony is punishable by 6 to 18 months in prison and a fine not to exceed $5,000.

Ohio Aggravated Burglary

Aggravated burglary is a more serious burglary offense. If you have been charged with aggravated burglary, you must have trespassed – by force, stealth, or deception – in an occupied structure where someone is present, with the intent to commit a criminal offense, and you inflict, or attempt or threaten to inflict physical harm to that person or have a deadly weapon or dangerous ordnance on or about you or under your control. Aggravated burglary is a first-degree felony which is punishable by from 3 to 11 years in in prison and a fine not to exceed $20,000.

Being charged with breaking and entering, burglary or aggravated burglary can change your entire life. It may likely leave a permanent mark on your record, you could struggle with finding employment, getting approved for loans, and even keeping custody of your children. These charges can result in a frightening situation that only an experienced criminal defense attorney can help you navigate through.

If you are being charged with breaking and entering, burglary or aggravated burglary, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Spousal Immunity: Does My Husband or Wife Have to Testify Against Me?

Privilege is governed by the state, and in Ohio, there are two types of spousal privilege: spousal competency and spousal privilege.

Certain people are not forced to reveal information they obtain through communication with someone who has been charged with a crime. This protection is called a privilege, and privilege provides immunity to certain people, safeguarding them from having to testify against another. The privilege that exists between a client and his attorney is one example.

Communication with priests, psychologists, and others who have access to sensitive and secret information about an individual can also be considered privileged. If you’ve ever watched a courtroom drama on TV, you’re likely to at least be aware of the fact that in most cases, a husband or wife does not have to testify against their spouse during criminal proceedings. Privilege is granted to husbands and wives, but there are exceptions and conditions that must be met.

Privileges are not the same as constitutional rights. A person has a Fifth Amendment constitutional right not to incriminate himself or herself by providing testimony that would present them in a poor light. That is where “pleading the fifth” comes from. Privilege offers similar protection but without the security of the constitution to ensure it. Privilege is governed by the state, and in Ohio, there are two types of spousal privilege: spousal competency and spousal privilege.

Spousal Competency

Competency, in Ohio, settles the question of whether or not a person is capable of testifying. In Ohio, there are very few categories of people who do not meet the competency requirement, but one of the categories protected under Ohio competency laws is the spouse. In Ohio, a spouse is considered “incompetent” to testify unless that spouse wants to testify. In other words, a husband or wife may choose to testify against their spouse, but if they don’t want to, the court cannot force it because of spousal competency laws. Spousal competency does not apply if the party was witness to the crime before the marriage took place. In that case, the spouse would have to testify.

Spousal Privilege

In Ohio, spousal privilege is different than spousal competency. Spousal privilege is designed to protect spouses from an invasion of the privacy of the marriage. Under Ohio’s spousal privilege law, even if a husband or wife wanted to testify, the spouse against whom the testimony was being elicited could prevent it from being allowed as evidence. Even if the couple’s marriage is dissolved, spousal privilege protects the husband or wife from the testimony of his or her ex-spouse, if the incident occurred during the time of their marriage. There are a few exceptions to this rule, such as when the husband/wife is the victim of the alleged crime committed by his/her spouse.

Spousal privilege only exists to preserve the sanctity of marriage; if there is a third party present who is also a witness, the third-party witness would be allowed to testify, and the spouse, if he or she wanted to do so, could also testify about anything that occurred during the time when the third party was present.

In most cases, spouses cannot or do not have to testify against each other in criminal cases. If you have been charged with a crime or are under investigation, an experienced criminal defense attorney can help you ensure that no evidence, including spousal testimony, is used against you if it can be prohibited. If you believe that you have been wrongfully convicted or that evidence was used to convict you that should not have been used, contact an experienced criminal defense attorney immediately, as you may still be able to appeal the conviction. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Have You Been Charged with Federal Drug Crimes?

If you have been charged with any kind of federal drug charge, you need an experienced criminal defense attorney who is experienced with federal law.

While Ohio law enforcement authorities have enforcement responsibility for many of the crimes that occur within our state, our justice system is also overseen by the federal government. And while there has been much discussion about the decriminalization of marijuana at the state level, the possession, distribution, or production of marijuana and many other drugs, including meth, cocaine, LSD, and heroin, can result in federal drug crimes and charges.

State and federal agencies will sometimes work together to determine whether a person accused of drug-related crime should be charged either at the state or federal level, and the penalties for violating federal drug laws are often far more serious than state penalties. If you have been charged with federal crimes related to possession, distribution, or trafficking of drugs, you need an experienced criminal defense attorney at your side. Many convictions for violating federal drug laws carry a mandatory sentence and jail time is often longer. And, if it is not your first drug or drug trafficking offense, the penalties – should you be convicted – can often be dire.

Federal Drug Charges

The most common reason someone is indicted on a federal drug charge, rather than at the state level, is because large amounts of drugs were involved and those drugs were transported from other states and/or countries to Ohio. So, you can still be charged at the federal level without ever stepping foot outside Ohio.

Types of Federal Drug Charges

If you are charged by the federal government on drug-related crimes, the charges are similar to those types of charges you would face at the state level:

Drug possession
Drug trafficking
Drug manufacturing
Conspiracy to commit drug trafficking or manufacturing

Penalties for Federal Drug Crime Convictions

If you are convicted of a federal drug crime, your sentence will likely depend on the amount of drugs you were convicted of and your criminal history. Other factors that can increase your sentence are whether anyone died as a result of your actions, whether you were in possession of a weapon, and whether you have any previous similar convictions. The manufacture, possession and/or trafficking of drugs in large quantities (more than a kilo of cocaine, more than 10 grams of LSD, more than 50 grams of meth, or more than 1,000 kilos of marijuana) result in a minimum 10-year sentence, up to life in prison. Crimes related to smaller drug amounts may still carry minimum sentences of five years up to 40 years. Any drug crime resulting in death or injury to others can result in a 20-year-minimum sentence. Fines can also be in the millions of dollars.

What to Do If You Are Arrested for Federal Drug Crimes

Prior to your preliminary hearing, you should retain an experienced criminal attorney. You will be in custody until the preliminary hearing. The federal government only has to prove probable cause at the preliminary hearing, so your case is unlikely to be dismissed at this point, but your best bet for being released until the case is heard is by having an attorney who can argue for your ability to post bail until you go to court. Your attorney can help you:

Demonstrate ties to the community
Provide character witnesses
Minimize the severity of the charges
Assure the judge you have a place to stay
Assure the judge you are able to stay away from criminal influence

If you have been charged with any kind of federal drug charge, you need an experienced criminal defense attorney who is experienced with federal law. The procedure, rules of evidence, and investigation periods all differ from state law, so an experienced federal criminal defense attorney is essential. For more information and a free consultation, please contact Jeff Hastings, experienced Criminal Defense Attorney.

Don’t Rely on the Second Amendment to Protect You in Ohio

While the Second Amendment gives Americans the right to “keep and bear arms,” there are a number of Ohio laws that limit those rights depending on the firearm, how it is used, and who is using it. Not understanding Ohio firearm laws can result in you being charged with misdemeanor or felony weapon offenses. Being found guilty of a firearm violation will lead to costly fines and often jail time. Once convicted of a weapon or firearm violation, you will be unable to legally own a gun in the future.

Exceptions to Firearm and Weapons Laws

There are exceptions to the firearm and weapon laws in Ohio in which you may not be charged for having or firing a weapon. This can include self-defense, under the Ohio Castle Doctrine. You may also be within your legal right to possess or discharge a firearm if you have a concealed weapon permit. Other defenses can come into play if you are charged with a weapon violation in Ohio. An experienced Ohio defense attorney will be able to help you plan your defense strategy. Successful defenses may include:

Self-defense
Defense of property
Defense of others

In addition, an experienced defense attorney will recognize issues with your case that could allow you to argue any of the following defenses, which may result in charges being reduced or dropped:

False accusation
Illegal search
Legal definition of weapon
Unknown possession
Permit to carry

There are a number of weapon charges that can be levied against the Ohio citizen who violates the firearms statute, including:

Carrying a concealed weapon without a permit
Possession of a firearm in an establishment that sells alcohol
Possession of a firearm or weapon within a school safety zone
Possession of a firearm inside a courthouse
Possession of a firearm when already convicted and disallowed weapon possession
Possession of a weapon while in jail or prison
Using weapons while intoxicated
Improper handling of a weapon in a vehicle
Discharging a weapon in or near a school
Illegal possession of an explosive
Illegal manufacture of an explosive
Failure to secure explosives
Failure to report theft of firearms
Possession of a defaced firearm
Furnishing a firearm to a minor
Underage purchase of a firearm
Possession of criminal tools

If you are being charged with a weapon violation, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Ohio’s Definition of Weapons and Firearms

As used in sections 2923.11 to 2923.24 of the Revised Code:

(A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

(B)

(1) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. “Firearm” includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.

(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;

(2) Any combination of parts from which a firearm of a type described in division (C)(1) of this section can be assembled.

(D) “Semi-automatic firearm” means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.

(E) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.

(F) “Sawed-off firearm” means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.

(G) “Zip-gun” means any of the following:

(1) Any firearm of crude and extemporized manufacture;

(2) Any device, including without limitation a starter’s pistol that is not designed as a firearm, but that is specially adapted for use as a firearm;

(3) Any industrial tool, signaling device, or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.

(H) “Explosive device” means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. “Explosive device” includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.

(I) “Incendiary device” means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.

(J) “Ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.

(K) “Dangerous ordnance” means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or suppressor;

(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

(L) “Dangerous ordnance” does not include any of the following:

(1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;

(2) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;

(3) Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;

(4) Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;

(5) Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

(6) Any device that is expressly excepted from the definition of a destructive device pursuant to the “Gun Control Act of 1968,” 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that act.

(M) “Explosive” means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion [except fireworks]. “Explosive” includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States department of transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters.