The Charge of Menacing in the State of Ohio

You can be charged with menacing in the state of Ohio simply based on a threat(s), regardless of whether the threat(s) is actually intended. Depending on the nature and seriousness of the offender’s conduct, menacing can be charged as a misdemeanor or felony. You can be charged with menacing if a police officer and/or prosecutor determine that the offended person’s belief that the threats are real is reasonable, making it crucial to have a skilled criminal defense attorney representing your case.

Ohio’s statutory definition of menacing is straightforward and is often the same language used by local government’s when police file charge under a city’s local ordinances instead of state law.

2903.22 Menacing.

(A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family.

Menacing is often charged as a misdemeanor but can be charged as a fourth degree felony if the victim is a minor, or if the victim is an employee of a public children’s service agency. A fourth-degree felony is punishable by up to 18 months in prison and a possible fine not to exceed $5,000.

2903.21 Aggravated menacing.

(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family

Aggravated menacing is not only the belief that a victim is at risk of physical harm, but the belief that the offender will cause serious physical harm. In order to cause another to “believe” that the offender will cause “serious physical harm”, the law generally requires the offender to have some type of weapon on or about his person, be that a gun, knife or any object that can be used to cause serious physical harm to a person.

2903.211 Menacing by stalking.

(A(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person.

Menacing by stalking requires the offender to engage in a pattern of conduct causing the victim to believe the offender will cause physical harm to her/him or the offender’s pattern of conduct causes mental distress to the victim. Menacing by stalking is often charged as a first-degree misdemeanor, but can be charged as a fifth or fourth degree felony if the offender has violated a protection order, trespasses, or has a history of violence towards the victim.

If you have been charged with menacing in Ohio, an experienced criminal defense attorney will help determine whether you have any defense(s) to the charge(s) and will thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Have You Been Charged with Endangering Children in Ohio?

Endangering children in Ohio is a serious charge.

Section 2919.22 of the Ohio Revised Code defines endangering children as the following:

(A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:

(1) Abuse the child;

(2) Torture or cruelly abuse the child;

(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child;

(4) Repeatedly administer unwarranted disciplinary measures to the child, when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child’s mental health or development;

(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter;

(6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division.

Section 2919.22 goes on to set forth other conduct that can lead to being charged with child endangerment. Including the reckless operation of a vehicle when one or more children under 18 are in the vehicle, the illicit use of controlled substances in the presence of one or more children under 18, and whether you have been previously convicted of a similar offense.

Understanding the Charge of Endangering Children

The laws regarding the safety of children are often stringently enforced in Ohio, as this law is intended to protect those that cannot protect themselves. This statute not only protects children under 18 years of age, but also extends protection to mentally or physically handicapped persons under 21. Any act or decision that could pose a substantial risk to the well-being of a child would fall under the charge of endangering children. For example, excessive punishment or driving while intoxicated with a minor in the car would be considered a crime, as it would pose a risk of serious harm to the child.

Depending on the section of Ohio’s Endangering Children statute under which you are convicted, the punishment can vary from a first-degree misdemeanor to a second-degree felony. Also, if certain drugs are involved, you could be facing mandatory prison time.

Endangering Children: First Degree Misdemeanor

Most charges of child endangerment are charged as a first-degree misdemeanor, (“M-1”) such as driving while intoxicated with a child in the vehicle. Generally, if the child suffered no harm, you should not be charged with a felony. If convicted, an M-1 is punishable up six months in jail, and may include court costs, a fine not to exceed $1,000, and restitution.  An M-1 is also a probationable offense.

Endangering Children: Fourth and Fifth Degree Felony

If the child has been harmed in any way, regardless of circumstances, you could be facing felony charges. A felony of the fifth degree is punishable from 6 to 12 months in prison (in one-month increments) and may include court costs, a fine not to exceed $2,500 and restitution. A felony of the fourth degree is punishable from 6 to 18 months in prison (in one-month increments) and may include court costs, a fine not to exceed $5,000 and restitution.  For both a felony of the fourth and fifth degree, in lieu of prison, you may be placed on probation for up to five years.

Endangering Children: Second and Third-Degree Felony

You can be convicted of a second or third-degree felony if the child or handicapped person suffered serious physical harm. The presence of drugs, or allowing a child near a home where drugs are being manufactured or cultivated, depending on the type and amount of the drug, can result in a second or third-degree felony. You can also be charged with a third-degree felony if the child has allegedly been tortured or subjected to excessive discipline that resulted in physical or emotional damage. If convicted of a third-degree felony the penalties are 9, 12, 18, 24, 30 or 36 months in prison and may include court costs, a fine not to exceed $10,000, and restitution. In lieu of prison you may be placed on probation for up to five years. The penalties for a second-degree felony are between 2 and 8 years in prison (in one year increments) and may include court costs, a fine not to exceed $15,000, and restitution.  If you are sent to prison you will also be placed on three years of post-release control (also called parole) after your release from prison.

Defending Against Endangering Children

The law is clear that mistake of age is not a defense to certain charges of endangering children. Endangering children is a complicated charge, especially if multiple children are involved. Without the proper defense, you could be at risk of being convicted of a crime involving the welfare and safety of your own children.

If you have been charged with Endangering Children in Ohio

If you have been charged with endangering children in Ohio, an experienced criminal defense attorney will help determine whether you have any defenses to the charge(s) and thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

The Crime of Disrupting Public Services in the State of Ohio

The disruption of public services in the state of Ohio is a serious crime. Disruptions can range from the interruption of communications and transportation, in any form, to tampering with utilities such as gas, electric, and water. If you have been charged with disrupting public services, the sooner you enlist the assistance of an experienced attorney, the better your chances of building the best possible defense against this charge.

Section 2909.04 of the Ohio Revised Code defines disrupting public services

“(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:

(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;

(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;

(3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.

(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations….”

If you are convicted of disruption of a public services it is a felony of the fourth-degree. A fourth-degree felony is punishable between 6 and 18 months (in one month increments) in prison and a fine up to $5,000.  You could receive court community control sanctions (also called probation) instead of a prison sentence and be required to pay court costs, restitution and fine. If you are sent to prison you may also be placed on three years of post-release control (also called parole) after your release from prison.

Understanding the Charges of Disrupting Public Services

In Ohio, you can be charged with disrupting public services if you take a cell phone from someone or pull the house phone off the wall. As you would expect defending against this charge takes experience and insight. The primary idea behind this law is to discourage individuals from interfering with or disrupting the many public services we all enjoy and take for granted. There are several situations that may fall under this statute.

  1. Disrupting Public Services: Communications

Interrupting communications in any manner can result in a charge of disrupting public services.  This includes radio, video, and telephone transmissions, or interrupting the use of a computer.

  1. Disrupting Public Services: Transportation and Utilities

Public and school bus transportation is also a public service that falls under this law, as does the disruption of public utilities such as the water, gas, and electric.

  1. Disrupting Public Services: Personnel

One can also be charged with this crime if they substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or nurses and doctors that work in a hospital emergency room in their efforts to respond to an emergency or attempting to protect and preserve any person or property from serious physical harm.

If you have been charged with disrupting public services in Ohio, an experienced criminal defense attorney will help determine whether you have any defense(s) to the charge(s) and will thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Receiving Stolen Property (RSP) Charges and Ohio Law

Section 2913.51 of the Ohio Revised Code defines Receiving Stolen Property as follows:

receiving stolen property in ohio(A) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.

(B) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.

(C) Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division or division (D) of this section, receiving stolen property is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, if the property involved is any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree.

If the property involved is a motor vehicle, as defined in section 4501.01 of the Revised Code, if the property involved is a dangerous drug, as defined in section 4729.01 of the Revised Code, if the value of the property involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, or if the property involved is a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code, receiving stolen property is a felony of the fourth degree. If the value of the property involved is one hundred fifty thousand dollars or more, receiving stolen property is a felony of the third degree.

(D) Except as provided in division (C) of this section with respect to property involved in a violation of this section with a value of seven thousand five hundred dollars or more, if the property involved in violation of this section is a special purchase article as defined in section 4737.04 of the Revised Code or a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is receiving a stolen special purchase article or articles or receiving a stolen bulk merchandise container or containers, a felony of the fifth degree.

Receiving Stolen Property (RSP)

Receiving stolen property in Ohio (often referred to as “RSP”) is a serious offense that can result in misdemeanor or felony charges, depending on the type and/or value of the stolen property. You cannot claim innocence if there is reason to believe that you were indeed aware that the property was stolen and did not report it. Even if you were not involved in the commission of a theft offense, knowledge that the property you have received has been stolen may result in being charged with a crime. Disposing of the stolen property is not a defense to RSP.

Receiving Stolen Property as a Misdemeanor and Fifth-Degree Felony

In Ohio, receiving stolen property is a misdemeanor of the first degree (M-1) if the value of the property is less than $1,000.00.  If convicted, an M-1 is punishable up six months in jail, a fine not to exceed $1,000 and restitution can be ordered.  An M-1 RSP is also a probationable offense. However, depending on the type and/or value of the stolen property, the criminal charge of RSP can escalate from an M-1 to a felony.  RSP is a fifth-degree felony if you are convicted of being in receipt of stolen property that is valued over $1,000 and less than $7,500 or the property is stolen credit cards, license plates, blank checks, blank BMV forms or stolen bulk merchandise containers, which are anything used by a manufacturer to ship merchandise to retail outlets. The property can also range from beer kegs, grave markers and highway/street signs to more commonplace items, such as a grocery cart, etc.  A felony of the fifth degree is punishable from six to twelve months in prison, a fine not to exceed $2,500 and you may be ordered to pay restitution.  In lieu of prison you may be placed on probation for up to five years.

Receiving Stolen Property as a Third and Fourth Degree Felony

RSP is a fourth-degree felony if the stolen property is greater than $7,500 and less than $150,000 or if the property is a stolen motor vehicle, a firearm, dangerous ordinance which includes a sawed-off firearm, zip-gun, ballistic knife, etc. or a dangerous drug.  RSP is a third-degree felony if the stolen property is valued above $150,000.

A felony of the fourth degree is punishable from 6 to 18 months in prison, a fine not to exceed $5,000.  A felony of the third degree is punishable from 9, 12, 18, 24, 30 or to 36 months in prison, and a fine not to exceed $10,000.

An individual that is convicted of a 3rd or 4th degree felony RSP may be placed on probation for up to 5 years instead of being imprisoned.  Restitution may also be order by the Court.

The criminal charge of Receiving Stolen Property has varying degrees of criminal penalties and a variety of possible defenses, which is why an experienced defense attorney is vital to your case. Regardless of your lack of involvement in a theft, reasonable suspicion of receiving stolen property is all that is necessary to be charged with (an possibly convicted of) a crime that will have an adverse impact on your life.

If you have been charged with Receiving Stolen Property in Ohio

If you have been charged with receiving stolen property in Ohio, an experienced criminal defense attorney will help determine whether you have any defenses to the charge(s) and thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Disorderly Conduct in Ohio

Section 2917.11 of the Ohio Revised Code defines Disorderly Conduct as:

(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

  1. Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
  2. Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
  3. Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
  4. Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
  5. Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

(B) No person, while voluntarily intoxicated, shall do either of the following:

  1. In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
  2. Engage in conduct or create a condition that presents a risk of physical harm to the offender or to the property of another.

A person is mistaken to think that as long as they don’t engage in outrageous behavior, they will not run afoul of Ohio’s many criminal laws.  A charge of disorderly conduct can arise from any of the preceding activities set forth Section 2917.11 of the Ohio Revised Code.

You can be charged with disorderly conduct by simply causing inconvenience or annoyance to another person by engaging in certain activities.  This means that you don’t have to actually harm someone or something in order to be found guilty of disorderly conduct.

Likewise, disorderly conduct can arise even if no one is harmed, annoyed, offended or threatened.  Arguably, you could engage in disorderly conduct even if nobody is aware of your activity.  This is because one element of disorderly conduct can be satisfied if you create a condition that presents a risk of physical harm to someone—even if they are unaware of it.

Disorderly conduct and alcohol

It should come as no surprise that being intoxicated is no defense to disorderly conduct, even if you (because of your intoxicated state) are unaware that the activity you are engaging in can be charged as disorderly conduct.  This means that you should think twice before consuming alcohol to excess in Ohio, as being intoxicated can remove your inhibitions to engaging in certain acts without removing your culpability for doing so.

If you are found guilty of disorderly conduct under Section 2917.11 (A) or (B) of the Ohio Revised Code it is a minor misdemeanor punishable with a fine not to exceed $150 (there is no jail time) and you could be ordered to pay court costs.

Under Section 2917.11 (E)(3) of the Ohio Revised Code Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

(a) The offender persists in disorderly conduct after reasonable warning or request to desist.

(b) The offense is committed in the vicinity of a school or in a school safety zone.

(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.

A misdemeanor of the fourth degree is punishable up to 30 days in jail and a fine not to exceed $250.

However, many Ohio cities have enacted local ordinances that make disorderly conduct a misdemeanor of the first degree which is punishable up to six months in jail and a fine not to exceed $1,000. Therefore, local jurisdictions will often charge you with a violation of disorderly conduct under their local ordinance.

If you have been charged with disorderly conduct in Ohio

If you have been charged with disorderly conduct in Ohio, an experienced criminal defense attorney will help determine whether you have any defenses to the charge(s) and thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.