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Kidnapping and Abduction Laws in Ohio

Kidnapping and abduction are serious crimes in the state of Ohio. Even those involved in a child custody dispute can be charged with kidnapping, and this will have a detrimental effect on your life. If you are accused of kidnapping or abduction an experienced defense attorney is necessary to defend you against the allegations of kidnapping or abduction.

Kidnapping as defined by Section 2905.01 of the Ohio Revised Code

(A) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes:

(1) To hold for ransom, or as a shield or hostage;

(2) To facilitate the commission of any felony or flight thereafter;

(3) To terrorize, or to inflict serious physical harm on the victim or another;

(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim’s will;

(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of governmental authority;

(6) To hold in a condition of involuntary servitude.

(B) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall knowingly do any of the following, under circumstances that create a substantial risk of serious physical harm to the victim or, in the case of a minor victim, under circumstances that either create a substantial risk of serious physical harm to the victim or cause physical harm to the victim:

(1) Remove another from the place where the other person is found;

(2) Restrain another of the other person’s liberty.

Abduction as defined by Section 2905.02 of the Ohio Revised Code

(A) No person, without privilege to do so, shall knowingly do any of the following:

(1) By force or threat, remove another from the place where the other person is found;

(2) By force or threat, restrain the liberty of another person under circumstances that create a risk of physical harm to the victim or place the other person in fear;

(3) Hold another in a condition of involuntary servitude.

(B) No person, with sexual motivation, shall violate division (A) of this section.

What is Kidnapping?

Kidnapping is the taking of someone against their will to a different location or restraining their liberty You may be found guilty of kidnapping if you remove a person from the place where they are found, by use of force, threat, or deception. The taking of another person for ransom, as a hostage or shield, to facilitate another crime, or to terrorize another, are all reasons you could be convicted of kidnapping. You can also be convicted of Kidnapping if you restrain someone’s liberty, such as ordering them not to move when at the same time you are brandishing of possessing a knife or gun. In Ohio, the risk of double jeopardy is increased in kidnapping cases because, by definition, any robbery, rape, or assault would also constitute kidnapping. To prevent this, Ohio has established a statute that prohibits a person from receiving multiple convictions for the same criminal act unless the defendant exhibits a separate intent.

What is Abduction? Abduction is considered a lesser included crime of kidnapping requiring many of the same criminal elements of kidnapping and doesn’t necessarily have to involve a child. A person of any age can be abducted.

Kidnapping Penalties

Kidnapping in Ohio, is most often charged as a first or second degree felony in Ohio.  A first degree felony carries a penalty of from three to eleven years in prison and a fine not exceeding $20,000. A second-degree felony carries a penalty of between two and eight years in prison and a fine not to exceed $15,000. Additionally, if a specification(s) is a part of your kidnapping charges and you are convicted of kidnaping and the specification(s) you may face the imposition of a life sentence with the possibility of parole after ten or fifteen years.

Abduction Penalties

Abduction in Ohio is a serious criminal offense that carries significant penalties if convicted. An abduction conviction cannot be expunged. The specific charge and penalties you might face for an abduction conviction vary based on the facts and circumstances surrounding the charges.

Abduction in Ohio, is most often charged as a third degree felony. This carries a penalty of from 9, 12, 18, 24, 30 or 36 months in prison and possibly 48 or 60 months in prison depending on your criminal history. A fine not exceeding $10,000.

If you are convicted of abduction in Ohio and the facts and circumstances of your case are more severe, you may be charged with a second-degree felony. This carries a penalty of between two and eight years in prison and a fine not to exceed $15,000.

Kidnapping and Abduction are Serious Crimes

A kidnapping or abduction conviction will be become part of your permanent record and will prevent you from purchasing or possessing a firearm. Many other collateral penalties may be imposed if you are convicted – penalties that can have an adverse impact on many aspects of your life, including your current job and future employment. As well, you may encounter professional licensure and immigration issues.

If you have been accused of kidnapping or abduction, your case can be difficult to defend against. Those involved in a child custody dispute may not understand that they can be charged with kidnapping or abduction as well, and the possible indefinite loss of custody. Charges of kidnapping or abduction are serious criminal charges that only an experienced defense attorney can defend you against.

If you have been charged with kidnapping or abduction 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, Ohio Criminal Defense Attorney.

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.

Identity Fraud in Ohio

Identity fraud in Ohio is often referred to as identity theft. Identity theft occurs when one obtains and uses another individual’s personal information without their permission to commit a fraud. Identity theft is a state and federal crime.

In the state of Ohio, you can’t impersonate another person, using their personal information, and you can’t use someone else’s personal information to help another individual commit fraud. Even if you are not committing identity theft, you can be charged with identity theft if you provide someone permission to use your personal information with the intent to defraud. The law is loosely defined to include any use of information that isn’t yours, meaning you might be charged and subsequently convicted if you do not have an effective defense strategy. For example, if the use of personal information is part of a legally recognized guardianship, this can be an affirmative defense.

The Ohio Revised Code 2913.49 Identity Fraud.

(A) As used in this section, “personal identifying information” includes, but is not limited to, the following: the name, address, telephone number, driver’s license, driver’s license number, commercial driver’s license, commercial driver’s license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.

Section 2913.49 of the Ohio Revised Code broadly defines identity fraud, also commonly referred to as identity theft, as the theft and use of someone else’s personal information. This includes, but is not limited to, bank account information, driver’s license, social security, and credit card numbers. Identity fraud is a complex matter, and a conviction could lead to probation or imprisonment a fine and restitution.

Identity Fraud in Ohio is a Felony

In Ohio, identity fraud is a fifth-degree felony and if convicted you are facing a sentence of probation or a prison term of 6 to 12 months, as well as a fine up to $2,500.

If the credit, property, service, debt, or other legal obligations involved in the course of identity fraud, are valued between $1,000 or more but less than $7,500, then identity fraud is a fourth-degree felony and if convicted you are facing a sentence of probation or 6 to 18 months in prison and a fine up to $5,000.

If the identity fraud is $7,500 or more but less than $150,000, then identity fraud is a third-degree felony and if convicted you are facing a sentence of probation or 12, 18, 24, 30, or 36 months in prison and a fine not to exceed $10,000.  Additionally, depending on your criminal history, you may be sentenced to 48 or 60 months in prison.

If the value of the identity fraud is more than $150,000, then identity fraud is a second-degree felony and if convicted, you are facing a prison term of between 2 and 8 years and a fine not to exceed $15,000

Protected Classes

The Ohio Revised Code (Section 2913.49, (I)(3)) specifies that elder persons, disabled persons, active-duty service members, or spouses of active-duty service members are in a protected class. Identity fraud committed against this protected class will be charged as a higher-degree felony. For example, if the identity fraud is valued at less than $7,500 and is committed against someone in a protected class, the felony becomes a third-degree charge instead of a fourth-degree charge. You can be charged with a first-degree felony if the crime is valued at more than $150,000 and committed against someone in a protected class. If convicted of a first-degree felony, you are facing a prison term of between 3 and 11 years and a fine not to exceed $20,000.The personal information of a person that is deceased is still protected, and it is illegal to obtain, possess, use, or create identifying information for fraudulent purposes.

A felony conviction for identity fraud becomes part of your permanent record, and such a conviction will prevent you from purchasing or possessing a firearm. Many other collateral penalties may be imposed if you are convicted – penalties that can have an adverse impact on many aspects of your life, including your current job and future employment; you may also encounter professional licensure and immigration issues. A skilled criminal defense attorney will give you the best options for your case.

If you have been charged with identity theft 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.

Theft in Ohio

Ohio has strict laws regarding the illegal possession of another person’s property. The crimes of robbery, burglary, and the receipt of stolen property have been discussed previously. Some may mistakenly assume that theft falls under one of these categories, but theft in Ohio is a separate crime that ranges from a first-degree misdemeanor to a first-degree felony.

Section 2913.02 of the Ohio Revised Code states:

(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent;

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(3) By deception;

(4) By threat;

(5) By intimidation.

The seriousness of the theft offense is classified by either the value of the property or services stolen or the type of property stolen.

Petty Theft

The lowest level of theft is often referred to as “petty theft.” Petty theft is a first-degree misdemeanor if the value of the stolen property or services is less than $1,000. If convicted of petty theft, you could face a sentence of probation or up to 180 days in jail, a fine up to $1,000 and be ordered to pay restitution. If the value of the stolen property or services exceeds $1,000 theft is a felony, which will have serious consequences.

Felony Theft

If the value of the stolen property or services stolen exceeds $1,000, but is less than $7,500 theft is a fifth-degree felony Theft is also a fifth-degree felony if the stolen property is a credit card, check, a vehicle license plate and/or blank forms from the bureau of motor vehicles.  If convicted you are facing a sentence of probation or a prison term of 6 to 12 months, as well as a fine up to $2,500.

When the stolen property or services is more than $7,500, but less than $150,000, this is referred to as “grand theft,” and is a fourth-degree felony. Theft of a stolen motor vehicle or any dangerous drug is also a fourth-degree felony.  If convicted of grand theft you are facing a sentence of probation or 6 to 18 months in prison and a fine up to $5,000. When the value of the stolen property or services is more than $150,000 but less than $750,000, this is referred to as aggravated theft and is a third-degree felony. Theft of a firearm or anhydrous ammonia is also a third degree felony.  A third-degree felony theft offense 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.

When the stolen property or services is more than $750,000 but less than $1,500,000, this is also referred to as aggravated theft and is a second-degree felony. If convicted of a second-degree felony you could face a prison term from two to eight years, and a fine up to $15,000.

Lastly, if you are charged with felony theft of the first degree, you are facing the most serious theft charge and if convicted you could receive 3 to 11 years in prison, as well as fine up to $20,000. This is the most elevated form of aggravated theft and is incurred when the stolen property or services stolen exceed $1,500,000 in value.

All conviction of theft may come with an order to pay restitution for the stolen property or services.

Being charged with theft in Ohio 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 have been charged with theft 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.

Illegal Conveyance Charges in the State of Ohio

The illegal conveyance of weapons, drugs, liquor, cash, or electronic communications devices onto the grounds of a detention facility or other government institution is a serious charge in the state of Ohio that can result in serious repercussions. The typical scenario encompassing this charge often involves a family member or a significant other trying to sneak (convey) drugs into a detention facility where the inmate with whom they are related is being held. Occasionally, you’ll read about an employee of the prison attempting to commit this crime, and if he or she is convicted of conveying drugs or weapons into the prison and work for the Ohio Department of Rehabilitation and Corrections, that employee is subject to mandatory prison time.

Section 2921.36 of the Ohio Revised Code states in relevant part:

(A) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or facility that is under the control of 1.) the department of mental health and addiction services; 2.) the department of developmental disabilities; 3.)  the department of youth services; 4.) or the department of rehabilitation and correction any of the following items:

(1) Any deadly weapon or dangerous ordnance, or any part of or ammunition for use in such a deadly weapon or dangerous ordnance;

(2) Any drug of abuse;

(3) Any intoxicating liquor.

In addition to weapons, ammunition, drugs and liquor, it is also illegal to convey cash or any electronic communications device such as your cell phone into a detention facility.

Illegal Conveyance of Weapons or Drugs

If you are convicted of the illegal conveyance of weapons or drugs into a detention facility, it is a third-degree felony, and the penalties are 9, 12, 18, 24, 30, or 36 months in prison and a fine not to exceed $10,000.  Instead of a prison sentence, you could receive court-ordered community control sanctions (also referred to as probation) and be required to pay court costs and a fine.

If you are sent to prison, you may also be placed on three years of post-release control (also referred to as parole) after your release from prison.

Illegal Conveyance of Liquor

If you are convicted of the illegal conveyance of liquor into a detention facility, it is a second-degree misdemeanor (M-2) punishable by up to 90 days in jail, a fine not to exceed $750, and court costs. You can also receive probation.

Illegal Conveyance of Cash or Cell Phone

If you are convicted of the illegal conveyance of cash or an electronic communications device into a detention facility, it is a first-degree misdemeanor (M-1) punishable by up to 180 days in jail, a fine not to exceed $1,000, and court costs. You can also receive probation.  If you have a previous conviction for this same crime, illegal conveyance is then a fifth-degree felony, and the penalties are 6 to 12 months (in prison in one-month increments) and a fine not to exceed $2,500.

Instead of a prison sentence, you may receive probation and be required to pay court costs, restitution, and a fine.  If you are sent to prison, you may also be placed on three years of post-release control (parole) following your release.

Illegal Conveyance is a Serious Crime

A misdemeanor or felony conviction for illegal conveyance becomes part of your permanent record, and a felony conviction will prevent you from purchasing or possessing a firearm. Many other collateral penalties may be imposed if you are convicted – penalties that can have an adverse impact on many aspects of your life, including your current job and future employment. As well, you may encounter professional licensure and immigration issues.

If you have been charged with illegal conveyance 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.