Vandalism, Criminal Damaging and Criminal Mischief Charges in Ohio

Causing physical harm to property in the form of Vandalism, Criminal Damaging, or Criminal Mischief may have less severe penalties than causing physical harm to people, but if you’ve been charged with Vandalism, Criminal Damaging or Criminal Mischief in Ohio, you need an experienced defense attorney. Depending on the severity of the crime, if convicted, the punishment for Vandalism, Criminal Damaging or Criminal Mischief may include jail time, probation, community service, restitution and a fine.

Whether you feel you have been improperly charged or need a rigorous defense, the State of Ohio always has the burden to prove your guilt “beyond a reasonable doubt.” A good defense attorney can ensure that your constitutional rights are protected and that you are effectively represented.

Ohio Vandalism Charges, Ohio Revised Code Section 2909.05

Vandalism is defined in Ohio as to “knowingly cause serious physical harm to an occupied structure or any of its contents.” Vandalism is a 5th degree felony and if convicted the penalties range from up to five years of probation, 6 to 12 months in prison and a fine not to exceed $2,500. If convicted of Vandalism and the property damage is more than $75,000 – $150,000, Vandalism is a 4th degree felony and the penalties range from up to five years of probation, 6 to 18 months in prison and a fine not to exceed $5,000. Vandalism that results in more than $150,000 in damages is a felony of the 3rd degree and the penalties range from up to five years of probation, up to 36 months in prison and a fine not to exceed $10,000.

Criminal Damaging Charges, Ohio Revised Code 2909.06

Under Ohio’s Criminal Damaging statute “No person shall cause, or create a substantial risk of physical harm to any property of another without the other person’s consent either 1.) Knowingly, by any means; or, 2.) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

Generally criminal damaging charges in Ohio are a 2nd degree misdemeanor. If convicted, you can face up to 90 days in jail and a fine not to exceed $750. If, in the act of criminal damaging, a person is put at risk of physical harm, then the penalties for criminal damaging are enhanced to a 1st degree misdemeanor carrying up to six months in jail and a fine not to exceed $1,000.  Criminal Damaging can also be a 5th degree felony or a 4th degree felony if the damaged property involves an aircraft and creates a risk or substantial risk of physical harm to a person.

Criminal Mischief Charges, Ohio Revised Code 2909.07

Under Ohio’s Criminal Mischief statute “no person shall, without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;

You can also be charged with criminal mischief if you damage your own property and that property is subject to a mortgage or is in foreclosure. Other acts of criminal mischief include:

  • Employing a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm
  • Knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker
  • Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose
  • Set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land
  • Hacking, damaging, destroying, or modifying a computer, computer system, or computer network with the intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program
  • Damaging or deploying any “safety device” means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.

Generally, if you are convicted of criminal mischief in Ohio it is a 3rd degree misdemeanor and you can face up to 60 days in jail and a fine not to exceed $500. If, in the act of criminal mischief, a person is put at risk or substantial risk of physical harm, then the penalties for criminal mischief are enhanced to either a 1st degree misdemeanor, a 5th degree felony or a 4th degree felony.

Vandalism, Criminal Damaging, and Criminal Mischief are crimes that often occur in the heat of the moment, as a result of road rage or another aggravation.  As such, you may find yourself regretting the behavior and seeking to quickly put these charges behind you. An experienced defense attorney will help determine whether you have a defense(s) to the charge(s) and thoroughly discuss your options. Should you decide to go to trial, a criminal defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Assault Charges in Ohio

Assault charges are serious and can result in significant jail time and fines in Ohio without an experienced criminal defense attorney at your side.

stop-1131143_640Assault is a serious crime resulting in a charge that can have a significant impact on your life. In Ohio, any type of assault is considered a violent crime; consequently, a criminal defense attorney experienced in defending people charged with assault is essential.

Felonious Assault

Felonious assault is a serious crime. To be charged with felonious assault, you must be suspected of having knowingly caused serious physical harm to another person or to an unborn child, or be suspected of causing or attempting to cause serious physical harm with a deadly weapon or firearm (known as “dangerous ordinance”). This is a second-degree felony, but if the victim is a law enforcement officer, you will face a first-degree felony charge.

In Ohio you can also be charged with felonious assault if you engage in sexual intercourse with another person if you are HIV positive – without informing the other person of your HIV status, or if the other person lacks the mental capacity to understand the risks involved, or if the other person is under 18 and they are not your spouse.

Aggravated Assault

Aggravated assault is a fourth-degree felony and is similar to felonious assault in that you must be suspected of attempting to cause serious physical harm to another person or to an unborn child. However, to be charged with aggravated assault, you must be suspected of being in an emotional state or in a sudden rage when committing the offense, and the emotional state must somehow have been caused by the victim.  If the victim is a law enforcement officer the aggravated assault is a second-degree felony

Other Forms of Assault

You can be charged with negligent assault if you negligently cause physical harm with a deadly weapon to another or to an unborn child. Domestic violence falls under the category of negligent assault in Ohio. If you knowingly or recklessly cause or attempt to cause physical harm to a family or household member, or if you use or threaten force that causes a family or household member to believe they are in danger, you can be charged with this crime.

Penalties for Assault

The penalties for assault depend on the type of assault you are charged with and are as follows:

  • First-degree felonious assault: the punishment is three to eleven years in prison and a fine of up to $20,000.
  • Second-degree felonious assault: the punishment is two to eight years in prison and a fine of up to $15,000.
  • Fourth-degree aggravated assault: the punishment is six months to eighteen months in prison with a fine up to $5,000.
  • Simple assault: the punishment is up to 180 days in jail and a fine of up to $1,000.
  • Misdemeanor negligent assault: the punishment is up to sixty days in jail and a fine of up to $500.

The sentence for any form of assault can be even more severe if you knew that the victim was pregnant, if shots were fired nearby a school or residence, from a vehicle, or if body armor was used during the crime. You can also be responsible for paying restitution, meaning that you have to cover expenses for medical treatment, counseling, or property repairs of the victim(s).

If you are being charged with assault 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.

Reduce Your Legal Expenses by Choosing a Smaller Law Firm

If you have ever watched some of the most popular legal shows, whether you were an “LA Law” fan or prefer “The Good Wife,” you may get the idea that the law is exciting and full of intrigue at every turn. While there are moments of excitement for every attorney, the reality is that is that most lawyers often work very long hours both during the week and on the weekend.

Attorneys, in private practice, generally either work for large law firms that employ many attorneys (let’s say over ten) or a smaller law firm with less than ten attorneys. The larger law firms generally come with a lot of overhead expenses. There are the large offices, the high downtown rent and parking, the salaries for the partners, associates, paralegals, administrative assistants, etc. While higher hourly rates for a large law firm’s partners and associates may be charged for the knowledge and skill of the attorney assigned to your case (and the complexity of the case), the large law firms also charges higher hourly rates to cover its many overhead expenses.

A small firm or solo practitioner, with same knowledge and professional skills as a partner in a large firm, will also provide excellent legal representation while often charging a much lower hourly rate because of lower overhead (smaller offices, lower rent, etc.) and fewer employee paychecks to distribute.

As an attorney, associated with a smaller law firm and with over 23 years of legal experience, I provide affordable and competent criminal defense and civil litigation services to a variety of clients in Cleveland and around Ohio. If you have a legal question or concern, contact Cleveland Ohio criminal and civil attorney Jeff Hastings for a free consultation.