Tag: ohio 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.

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.