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.

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.

handcuffs-921290_960_720The 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.