hastingslegal – Page 3 – Jeff Hastings | Criminal Civil Defense Law Attorney Cleveland Ohio

Have You Been Charged with Robbery in the State of Ohio?

Section 2911.02 of the Ohio Revised Code defines robbery in the following terms:

(A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:

(1) Have a deadly weapon on or about the offender’s person or under the offender’s control;

(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another;

(3) Use or threaten the immediate use of force against another.

(B) Whoever violates this section is guilty of robbery. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.

Robbery is a serious charge that involves committing a theft or the attempt to commit a theft, but the charge of robbery itself is much more than mere theft. It is considered a violent crime, whether injury has occurred or not, due to the element of force which is defined as “any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.” Serious consequences will occur if you are convicted of robbery as such a conviction is a felony, which will have serious negative impact on your life.

Robbery in the State of Ohio as a Third Degree Felony

It’s essential to understand that you can be charged with robbery even if you do not have a weapon. Further, you do not even have to inflict harm on another person to be charged with robbery, as the only requirement is the threat of force. Robbery is taking property that is in the control of someone else. Such circumstances result in a third-degree felony as defined under Section 2911.02 (A)(3), and if convicted of a third degree felony robbery the penalties are either court community control sanctions (also called probation) or 9, 12, 18, 24, 30 or 36 months in prison. If you have two or more convictions (in separate cases for aggravated robbery, robbery, aggravated burglary or burglary) then the sentencing range for a third degree felony robbery increases to 42, 48, 54 or 60 months in prison and can include court costs, a fine not to exceed $10,000 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

Robbery in the State of Ohio as a Second Degree Felony

Possessing a deadly weapon while committing a robbery or inflicting, attempting to inflict, or threatening to inflict physical harm on another will result in a charge of robbery in the second degree. Many commonplace items can be construed as a deadly weapon. For example a screwdriver, pair of scissors, hammer, etc. Therefore, you should not assume that simply because you did not possess a knife or a firearm that you will not be charged with robbery in the second degree. If convicted of second degree robbery the law presumes you are to be sent to prison though that presumption can be overcome by the defendant at sentencing. The penalties for a second degree felony are between two and eight 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.

Aggravated Robbery in the State of Ohio is a First Degree Felony

The most serious robbery charge is aggravated robbery and occurs when a deadly weapon is either used, brandished, or the offender indicates that he has a deadly weapon. For example, placing you hand in the pocket of your jacket and acting like it is a firearm. Or, if you inflict or attempt to inflict serious physical harm on another person. If convicted of first degree robbery the law presumes you are to be sent to prison though that presumption can be overcome by the defendant at sentencing. The penalties for a first degree felony are between three and eleven years in prison (in one year increments) and may include court costs, a fine not to exceed $20,000 and restitution. If you are sent to prison you will also be placed on five years of post-release control (also called parole) after your release from prison

If you are have been charged with robbery in Ohio

If you have been charged with robbery 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:

Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
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;
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:

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;
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 5^th 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 4^th 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 3^rd 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 2^nd 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 1^st degree misdemeanor carrying up to six months in jail and a fine not to exceed $1,000. Criminal Damaging can also be a 5^th degree felony or a 4^th 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 3^rd 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 1^st degree misdemeanor, a 5^th degree felony or a 4^th 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.

Ohio Marijuana Laws

Ohio Marijuana laws have recently changed. The recent decision to legalize medical marijuana makes Ohio the 25th state to do so. One complication in the law is that each municipality has the right to opt out, so how the law is administered will depend on where you live. The new law does provide medical marijuana users with an affirmative defense against prosecution for marijuana possession. To benefit from such a defense, the person charged will need to prove that it was medically necessary, prescribed by a physician, and the marijuana was acquired from a state dispensary. The physician must state that:

That the patient has been diagnosed with a qualifying medical condition
That the physician has gone over the risks and benefits of using medical marijuana.
That the physician thinks the benefits to the patient using marijuana outweigh the risks.

Only certain marijuana substances are allowed and include edibles, patches, oils, and tinctures (a type of solution). Also certain marijuana substances and uses are not allowed, such as the smoking of marijuana, growing marijuana, or the possession of certain edibles (such as gummies) that would be attractive to children.

Recreational use of marijuana is still illegal in Ohio and can result in being charged with possession.

Possession of Marijuana in Ohio (Under 100mg)

Ohio’s penalties for possession of marijuana are considered lenient compared to many states, particularly for quantities of less than 100 grams (considered a personal supply). Being convicted of possession of marijuana will typically result in a fine not to exceed $150, and the fine can sometimes be replaced with community service. A conviction most likely will not become part of your criminal record, either.

Possession of Marijuana in Ohio (Over 100mg)

Once you exceed the amount considered the limit for personal possession of marijuana, the penalties can become severe. Ohio determines penalties based on the amount of marijuana you possess in grams (not number of plants).

Penalties for Possession or Distribution of Marijuana in Ohio

Possession of more than 100mg – a personal amount of marijuana – and/or the possession of measuring devices and baggies – may well be enough proof of intent to distribute. You can be charged with distribution of marijuana in Ohio based on how much you possess and what other paraphernalia you have, even if you are not caught in the act of selling. The penalties for possession and distribution or intent to distribute marijuana escalate with how much you possess and whether you are near a minor(s) or school.

Ohio Marijuana Penalties

Possession Amount	Charge	Jail Time	Fine
<100g	Minor misdemeanor	None	$150 or community service
100g-200g	4th deg. misdemeanor	Up to 30 days	$250 maximum fine
Near minor or school	3rd deg. misdemeanor	Up to 60 days	$500 maximum fine
200g-1,000g	5th degree felony	Up to 1 year	$2,500 maximum fine
Near minor or school	4th degree felony	Up to 18 mos.	$5,000 maximum fine
1,000g-20,000g	3rd degree felony	Up to 5 years	$10,000 max fine
Near minor or school	2nd degree felony	2-8 years	$15,000 max fine
20,000g or more	2nd degree felony	Up to 8 years	$15,000 max fine
Near minor or school	1st degree felony	Up to 10 years	$20,000 max fine

Federal Prosecution for Possession and Distribution of Marijuana

Though medical marijuana is legal in half of the states and Washington, D.C., the federal government still considers it an illegal drug and classifies it as a Schedule 1 drug on the Federal Controlled Substances Act. While the Department of Justice will not prosecute cases in which possession of marijuana is legal in the state, they will still prosecute interstate possession and distribution, particularly where possession of marijuana is still illegal in one of the states. While the parent of a child who travels to Colorado for the purpose of obtaining medical marijuana to treat the child’s seizures would likely not be a target for federal prosecution, anyone possessing and transporting marijuana from Colorado or any other state for recreational use, especially large amounts with the intent to distribute, would risk federal prosecution.

Because marijuana laws across the nation and in Ohio are in such a state of flux, it is advisable to retain an experienced defense attorney if you have been charged with possession of marijuana 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 criminal defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Defending Domestic Violence Charges in Ohio

Even a misdemeanor conviction for domestic violence becomes part of your permanent record and will prevent you from purchasing or possessing a firearm and have many other collateral penalties that can have an adverse impact on many aspects of your life, including your job.

Domestic violence is a crime, defined by Ohio statute as causing, attempting to cause, or threatening physical harm against a family or household member.

Section 2919.25 of the Ohio Revised Code reads in relevant part:

(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.

(B) No person shall recklessly cause serious physical harm to a family or household member.

(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Domestic violence can be charged as either a misdemeanor or a felony of varying degrees, depending on the nature and outcome of a particular incident, whether the offender has previous convictions for domestic violence (or similar crimes) and whether the offender knew the victim was pregnant. Domestic violence charges can be accompanied by additional charges, including felony firearm possession and/or resisting arrest. If you are convicted of domestic violence and knew the victim was pregnant, there is a mandatory term of incarceration.

Threatening Domestic Violence

Threatening to cause harm to a family member or household member, even if you do not physically assault the person, can still result in a fourth-degree misdemeanor. If you are found guilty, you may face jail time as well as a discretionary fine. Charges and penalties are more severe if you have prior convictions for domestic violence or if you knew the victim was pregnant.

Definition of a Household or Family Member

To be charged with domestic violence, the victim must be a family or household member, which is defined by Ohio statute as:

● a spouse, former spouse, or a romantic partner with whom the offender has resided in the last five years

● the offender’s parent or foster parent

● a child of the offender

● an extended family member of the offender

● a parent or child of the offender’s spouse, former spouse, or romantic partner

● an extended family member of the offender’s spouse, former spouse, or romantic partner

The other parent of any child or alleged child of the offender is also considered a family member under Ohio law, whether or not she or he lives with or ever has lived with the offender.

Domestic Violence Penalties in Ohio

Depending on the nature of a particular incident and if the offender has previous convictions for domestic violence (or similar crimes) and whether the offender knew the victim was pregnant, a person convicted of domestic violence faces the following range of penalties:

● for 1^st-degree misdemeanor, up to six months in jail and/or a fine up to $1,000

● for 2^nd-degree misdemeanor, up to 90 days in jail and/or a fine up to $750

● for 3^rd-degree misdemeanor, up to 60 days in jail and/or a fine up to $500

● for 4^th-degree misdemeanor, up to 30 days in jail and/or a fine up to $250

● for 5^th-degree felony, six to twelve months in prison and a fine up to $2,500

● for 4^th-degree felony, six to eighteen months in prison and a fine up to $5,000

● for 3^rd-degree felony, nine months to three years in prison and a fine up to $10,000

If the offender knew that the victim was pregnant, the court requires a minimum sentence of six months to one year in prison. The length of the sentence depends on whether domestic violence was threatened or if actual harm was caused, and whether the victim’s unborn child was harmed.

In addition to jail time and a discretionary fine, someone convicted of domestic violence in Ohio may also be required to pay restitution. Restitution is a court-ordered payment to cover costs that the victim may have incurred as a result of the domestic violence, such as medical treatment, counseling, or replacing and repairing damaged property.

Domestic Violence is a Serious Crime

Even a misdemeanor conviction for domestic violence becomes part of your permanent record and will prevent you from purchasing or possessing a firearm. A conviction for domestic violence will have many other collateral penalties that can have an adverse impact on many aspects of your life, including your job.

If you have been charged with domestic violence in Ohio, resisting arrest, or other criminal charges, having an attorney to help you navigate the court system is crucial. 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 criminal defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.