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Have You Been Charged with Endangering Children in Ohio?

Endangering children in Ohio is a serious charge.

Section 2919.22 of the Ohio Revised Code defines endangering children as the following:

(A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:

(1) Abuse the child;

(2) Torture or cruelly abuse the child;

(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child;

(4) Repeatedly administer unwarranted disciplinary measures to the child, when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child’s mental health or development;

(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter;

(6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division.

Section 2919.22 goes on to set forth other conduct that can lead to being charged with child endangerment. Including the reckless operation of a vehicle when one or more children under 18 are in the vehicle, the illicit use of controlled substances in the presence of one or more children under 18, and whether you have been previously convicted of a similar offense.

Understanding the Charge of Endangering Children

The laws regarding the safety of children are often stringently enforced in Ohio, as this law is intended to protect those that cannot protect themselves. This statute not only protects children under 18 years of age, but also extends protection to mentally or physically handicapped persons under 21. Any act or decision that could pose a substantial risk to the well-being of a child would fall under the charge of endangering children. For example, excessive punishment or driving while intoxicated with a minor in the car would be considered a crime, as it would pose a risk of serious harm to the child.

Depending on the section of Ohio’s Endangering Children statute under which you are convicted, the punishment can vary from a first-degree misdemeanor to a second-degree felony. Also, if certain drugs are involved, you could be facing mandatory prison time.

Endangering Children: First Degree Misdemeanor

Most charges of child endangerment are charged as a first-degree misdemeanor, (“M-1”) such as driving while intoxicated with a child in the vehicle. Generally, if the child suffered no harm, you should not be charged with a felony. If convicted, an M-1 is punishable up six months in jail, and may include court costs, a fine not to exceed $1,000, and restitution.  An M-1 is also a probationable offense.

Endangering Children: Fourth and Fifth Degree Felony

If the child has been harmed in any way, regardless of circumstances, you could be facing felony charges. A felony of the fifth degree is punishable from 6 to 12 months in prison (in one-month increments) and may include court costs, a fine not to exceed $2,500 and restitution. A felony of the fourth degree is punishable from 6 to 18 months in prison (in one-month increments) and may include court costs, a fine not to exceed $5,000 and restitution.  For both a felony of the fourth and fifth degree, in lieu of prison, you may be placed on probation for up to five years.

Endangering Children: Second and Third-Degree Felony

You can be convicted of a second or third-degree felony if the child or handicapped person suffered serious physical harm. The presence of drugs, or allowing a child near a home where drugs are being manufactured or cultivated, depending on the type and amount of the drug, can result in a second or third-degree felony. You can also be charged with a third-degree felony if the child has allegedly been tortured or subjected to excessive discipline that resulted in physical or emotional damage. If convicted of a third-degree felony the penalties are 9, 12, 18, 24, 30 or 36 months in prison and may include court costs, a fine not to exceed $10,000, and restitution. In lieu of prison you may be placed on probation for up to five years. The penalties for a second-degree felony are between 2 and 8 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.

Defending Against Endangering Children

The law is clear that mistake of age is not a defense to certain charges of endangering children. Endangering children is a complicated charge, especially if multiple children are involved. Without the proper defense, you could be at risk of being convicted of a crime involving the welfare and safety of your own children.

If you have been charged with Endangering Children in Ohio

If you have been charged with endangering children 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.

The Crime of Disrupting Public Services in the State of Ohio

The disruption of public services in the state of Ohio is a serious crime. Disruptions can range from the interruption of communications and transportation, in any form, to tampering with utilities such as gas, electric, and water. If you have been charged with disrupting public services, the sooner you enlist the assistance of an experienced attorney, the better your chances of building the best possible defense against this charge.

Section 2909.04 of the Ohio Revised Code defines disrupting public services

“(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:

(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;

(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;

(3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.

(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations….”

If you are convicted of disruption of a public services it is a felony of the fourth-degree. A fourth-degree felony is punishable between 6 and 18 months (in one month increments) in prison and a fine up to $5,000.  You could receive court community control sanctions (also called probation) instead of a prison sentence and be required to pay court costs, restitution and fine. If you are sent to prison you may also be placed on three years of post-release control (also called parole) after your release from prison.

Understanding the Charges of Disrupting Public Services

In Ohio, you can be charged with disrupting public services if you take a cell phone from someone or pull the house phone off the wall. As you would expect defending against this charge takes experience and insight. The primary idea behind this law is to discourage individuals from interfering with or disrupting the many public services we all enjoy and take for granted. There are several situations that may fall under this statute.

  1. Disrupting Public Services: Communications

Interrupting communications in any manner can result in a charge of disrupting public services.  This includes radio, video, and telephone transmissions, or interrupting the use of a computer.

  1. Disrupting Public Services: Transportation and Utilities

Public and school bus transportation is also a public service that falls under this law, as does the disruption of public utilities such as the water, gas, and electric.

  1. Disrupting Public Services: Personnel

One can also be charged with this crime if they substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or nurses and doctors that work in a hospital emergency room in their efforts to respond to an emergency or attempting to protect and preserve any person or property from serious physical harm.

If you have been charged with disrupting public services 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.

Arson Charges in Ohio

The crime of Arson in the state of Ohio is a serious charge.  Even if the value of the damaged property is less than $1,000 you can still face felony charge(s).

How Does Ohio Define Arson?

The crime of Arson is set forth in Section 2909.03 of the Ohio Revised Code and at its basic level states that no individual shall use fire or explosion to cause physical harm to the property of another without their consent. You can also be charged with arson if it is discovered that the damage was done with intent to commit fraud (Section 2909.03 (A)(2)(4)(6)), such as attempting to collect insurance for the damaged property.  There are also specific provisions in Section 2909.03 (A) and (B), specific to the damage of city/state buildings and property, such as a courthouse, school or public land that will result in being charged with arson.  It is essential to note that arson is not restricted to just structures of other property, but also privately or publicly owned lands.  You can face arson charges if physical damage is done to parks, brush-covered land, wetlands, and other similar property. Don’t assume that damage caused to what appears to be deserted land does not come with serious criminal consequences.

Arson in the State of Ohio as a Misdemeanor

Arson is considered a first-degree misdemeanor (M-1) if the value of the damage does not exceed $1,000. If convicted, an M-1, it is punishable up 6 months in jail, a fine not to exceed $1,000 and you will be ordered to pay restitution. You can also receive probation.

Arson in the State of Ohio as a Third or Fourth-Degree Felony

If the damage to property, exceeds $1,000, or you cause of create a substantial risk of physical harms to a person’s property, a public building, private or public lands or attempt to file an insurance claim because of the foregoing, you will be charged with a fourth-degree felony. A fourth-degree felony charge is punishable between 6 and 18 months in prison and a fine up to $5,000.

The charge escalates to a third-degree felony if the crime of arson was committed through hire or other consideration. If convicted of a third-degree felony the penalties are 9, 12, 18, 24, 30 or 36 months in prison and a fine not to exceed $10,000.

Whether you are convicted of a fourth or third-degree felony, you could receive court community control sanctions (also called probation) instead of a prison sentence and be required to pay court costs, restitution and fine.   If you are sent to prison you may also be placed on three years of post-release control (also called parole) after your release from prison

Aggravated Arson in the State of Ohio as a First or Second-Degree Felony

If the fire or explosion created a substantial risk of serious physical harm to any person other than the offender or created, through the offer or acceptance of an agreement for hire or other consideration, a substantial risk of physical harm to any occupied structure, then arson is a first-degree felony.  If convicted of first-degree arson 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 3 and 11 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 the fire or explosion caused physical harm to any occupied structure then arson is a second-degree felony. If convicted of second degree arson 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 2 and 8 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

If you have been charged with arson in Ohio

If you have been charged with arson 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.

Possessing Criminal Tools in Ohio

Section 2923.24 of the Ohio Revised Code defines possessing criminal tools as follows:

(A) No person shall possess or have under the person’s control any substance, device, instrument, or article, with purpose to use it criminally.

(B) Each of the following constitutes prima-facie evidence of criminal purpose:

(1) Possession or control of any dangerous ordnance or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;

(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;

(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.

Possessing Criminal Tools (PCT) in Ohio Can Have Negative Consequences

Possessing criminal tools (often referred to as PCT) may initially strike you as a minor charge, but if convicted of PCT, it can have negative consequences to you financially, in custody matters, enrolling in college or a vocational school, or in your professional endeavors. If you are charged with PCT you need to find an experienced defense attorney who can analyze the facts in your case and craft a defense for you.

Possessing Criminal Tools in Ohio – Misdemeanor Charges

When you are in possession of a substance, device, instrument, or article (“Item”), it is your intent that is the determinative factor whether you are convicted of PCT, even if no underlying crime has actually been committed.

The crime of possessing criminal tools is presumed to have occurred if you are 1) In the possession of a dangerous ordnance, which includes but is not limited to, an automatic or sawed-off firearm, zip-gun, or ballistic knife; Any explosive or incendiary device or any weapon designed and manufactured for military purposes; 2) In the possession of an Item not originally designed for criminal purposes, but adapted for criminal purposes; 3) In the possession of an Item that is commonly used for a criminal purpose and under circumstances indicating the Item is intended for criminal use. For example, you are found with a “chain cutter” in your possession and the chain and bike that has been reported stolen are also in the back of you pick-up truck, the chain cutter will be assumed to be an Item commonly used for criminal purpose that is actually being used for such purpose.

In these forgoing circumstances, PCT is a misdemeanor of the first degree (M-1).  If convicted, an M-1 is punishable up six months in jail, a fine not to exceed $1,000 and restitution can be ordered.  An M-1 PCT is also a probationable offense.

Possessing Criminal Tools in Ohio – Felony Charges

It should be noted that a felony PCT is determined by the circumstances surrounding the offense. If it has been suspected or proven that the criminal tool in your possession was involved in the commission of a felony, you’ll be charged with a fifth-degree felony. A felony of the fifth degree is punishable from six to twelve months in prison, a fine not to exceed $2,500 and you may be ordered to pay restitution. In lieu of prison you may be placed on probation for up to five years.

The charge of PCT is something to be taken seriously, particularly since, to be convicted, you do not necessarily have to commit an underlying crime.

If you have been charged with possessing criminal tools in Ohio

If you have been charged with possessing criminal tools in Ohio, an experienced criminal defense attorney will help determine whether you have any defense(s) 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.

Receiving Stolen Property (RSP) Charges and Ohio Law

Section 2913.51 of the Ohio Revised Code defines Receiving Stolen Property as follows:

receiving stolen property in ohio(A) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.

(B) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.

(C) Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division or division (D) of this section, receiving stolen property is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, if the property involved is any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree.

If the property involved is a motor vehicle, as defined in section 4501.01 of the Revised Code, if the property involved is a dangerous drug, as defined in section 4729.01 of the Revised Code, if the value of the property involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, or if the property involved is a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code, receiving stolen property is a felony of the fourth degree. If the value of the property involved is one hundred fifty thousand dollars or more, receiving stolen property is a felony of the third degree.

(D) Except as provided in division (C) of this section with respect to property involved in a violation of this section with a value of seven thousand five hundred dollars or more, if the property involved in violation of this section is a special purchase article as defined in section 4737.04 of the Revised Code or a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is receiving a stolen special purchase article or articles or receiving a stolen bulk merchandise container or containers, a felony of the fifth degree.

Receiving Stolen Property (RSP)

Receiving stolen property in Ohio (often referred to as “RSP”) is a serious offense that can result in misdemeanor or felony charges, depending on the type and/or value of the stolen property. You cannot claim innocence if there is reason to believe that you were indeed aware that the property was stolen and did not report it. Even if you were not involved in the commission of a theft offense, knowledge that the property you have received has been stolen may result in being charged with a crime. Disposing of the stolen property is not a defense to RSP.

Receiving Stolen Property as a Misdemeanor and Fifth-Degree Felony

In Ohio, receiving stolen property is a misdemeanor of the first degree (M-1) if the value of the property is less than $1,000.00.  If convicted, an M-1 is punishable up six months in jail, a fine not to exceed $1,000 and restitution can be ordered.  An M-1 RSP is also a probationable offense. However, depending on the type and/or value of the stolen property, the criminal charge of RSP can escalate from an M-1 to a felony.  RSP is a fifth-degree felony if you are convicted of being in receipt of stolen property that is valued over $1,000 and less than $7,500 or the property is stolen credit cards, license plates, blank checks, blank BMV forms or stolen bulk merchandise containers, which are anything used by a manufacturer to ship merchandise to retail outlets. The property can also range from beer kegs, grave markers and highway/street signs to more commonplace items, such as a grocery cart, etc.  A felony of the fifth degree is punishable from six to twelve months in prison, a fine not to exceed $2,500 and you may be ordered to pay restitution.  In lieu of prison you may be placed on probation for up to five years.

Receiving Stolen Property as a Third and Fourth Degree Felony

RSP is a fourth-degree felony if the stolen property is greater than $7,500 and less than $150,000 or if the property is a stolen motor vehicle, a firearm, dangerous ordinance which includes a sawed-off firearm, zip-gun, ballistic knife, etc. or a dangerous drug.  RSP is a third-degree felony if the stolen property is valued above $150,000.

A felony of the fourth degree is punishable from 6 to 18 months in prison, a fine not to exceed $5,000.  A felony of the third degree is punishable from 9, 12, 18, 24, 30 or to 36 months in prison, and a fine not to exceed $10,000.

An individual that is convicted of a 3rd or 4th degree felony RSP may be placed on probation for up to 5 years instead of being imprisoned.  Restitution may also be order by the Court.

The criminal charge of Receiving Stolen Property has varying degrees of criminal penalties and a variety of possible defenses, which is why an experienced defense attorney is vital to your case. Regardless of your lack of involvement in a theft, reasonable suspicion of receiving stolen property is all that is necessary to be charged with (an possibly convicted of) a crime that will have an adverse impact on your life.

If you have been charged with Receiving Stolen Property in Ohio

If you have been charged with receiving stolen property 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.