Blog – Page 4 – Jeff Hastings | Criminal Civil Defense Law Attorney Cleveland Ohio

Firearms Possession Laws for Convicted Felons

If you are a convicted felon who has been charged with firearm possession violations, contact a criminal defense attorney as quickly as possible. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

There are specific laws that prohibit the ability of convicted felons to possess firearms. Ohio law refers to this as “Having a Weapon While Under Disability.” The federal law refers to this as a “Felon in Possession.”

Ohio Firearm Possession Laws for Convicted Felons

While the state of Ohio allows most individuals to possess firearms, a person who has been convicted of a felony (in Ohio or elsewhere) no longer enjoys the same rights. Anyone convicted of a felony crime is also prohibited under Ohio law from possessing firearms. In fact, the Ohio firearms possession law is quite clear regarding felons, stating that: “The charge of possession of a firearm by a convicted felon is classified as a felony of the third degree. This charge, if convicted, comes with a presumptive sentence of up to 5 years in prison and / or fines of up to $10,000.”

In addition to felons, according to ORC §2923.13, others are prohibited from acquiring, having, carrying, or using any firearm or dangerous ordinance, including when:

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation.

Federal Firearm Possession Laws for Convicted Felons

Federal law has prohibited any person convicted of a felony from purchasing or possessing virtually all types of firearm under the Gun Control Act of 1968, which was enacted in response to John F. Kennedy’s assassination. In 1993 the Brady Handgun Violence Prevention Act amended the Gun Control Act to require states to conduct background checks on individuals wishing to purchase firearms. It is important to note that federal law also prohibits the possession of firearms by those convicted of misdemeanor domestic violence.

Proving Felon in Possession of a Firearm Charges

It is relatively easy for law enforcement to prove a felon in possession charge. They only need to demonstrate that the individual is a convicted felon and that he was knowingly in possession of an operable firearm. It is crucial for those with a felony conviction to be aware of their responsibilities under the law. An experienced criminal defense attorney may be instrumental in preventing law enforcement from presenting a strong enough case.

Restoring Firearm Possession Rights

While an expungement of your record as a convicted felon may be complicated, the only other way in Ohio to restore your right to possess firearms is to submit a direct petition to the state under Ohio Revised Code § 2923.14. Anyone convicted of a federal offense may apply for a presidential pardon. Federal regulations (28 CFR § 1.1-1.10) specify the rules governing petitions for obtaining such pardons.

Felon in possession laws were designed with the safety of the public in mind, in order to keep firearms and other ordinances away from presumably dangerous people. Unfortunately, the laws differ from state to state, and in many cases, someone who was convicted decades ago is still unable to own a firearm even for hunting purposes. To make matters worse, state and federal laws may overlap.

Understanding Bail and Bonds in Ohio

If you are arrested on criminal charges in Ohio, there are various bail and bonds the court may choose to impose to ensure you appear for court hearings.

Understanding bail and bonds in Ohio

In Ohio, bail is the amount of money that a person who has been accused of a crime pays to a court so that they can be released until their criminal offense is resolved. That payment (by way of cash or a bond) helps insure that the defendant will return to court.

If you are arrested on criminal charges in Ohio, you will likely be placed in jail until you secure your release after a bail amount is set, at which time you can by pay your bail either with cash or bond.

Depending on whether you are facing a misdemeanor or felony charge and the nature of that charge, a bail schedule is usually set by local jurisdictions for most misdemeanor charges and you can post your bond immediately after you are charged and processed. Otherwise, you’ll have to wait until you appear in front of a judge (within three days if not sooner) at which time the judge (with the input of the court’s staff) will set your bail. Bail amounts can vary widely depending on the severity of the charges, therefore securing a bond can be quite costly. Under Ohio law, there are three types of bonds: recognizance, standard, and cash/surety.

Recognizance Bond

Typically known as the “signature” or “personal bond” bond, this is the least expensive type of bond available to someone who has been arraigned and charged with a crime. It is the most desirable type of bond as well since it doesn’t require that any money be paid to the court to be released from custody. It’s a personal promise from the defendant that he or she will appear in court when scheduled. This type of bond is typically available to someone who has no criminal history, is facing a non-violent misdemeanor or low-level felony (F-5 and F-4) charge, has ties to the community, and is not a flight risk. For example, if the Court sets a $5,000 personal bond, should you fail to appear at court or violate the terms and conditions of your personal bond, the court can then hold a hearing and place judgment against you in the amount of $5,000 for violating your personal bond.

Standard Bail Bond

The standard bail bond, otherwise known as an “appearance” or “10 percent” bond, requires the person facing charges to pay the court a deposit of 10 percent of the stated bond amount. At the close of the case, 90 percent of the 10 percent deposit is then refunded. If you don’t appear in court, not only will a warrant be issued for your arrest but the money paid as a deposit on the bond will be forfeited. If you are found Not Guilty or the charges are dismissed, you will receive 100% of your deposit back. If your case is resolved in any other manner your bond deposit will be returned less any administrative fees, courts costs or fines.

Cash/Surety Bond

If a person has a Cash or Surety Bond, he can elect whether to pay the full amount of the bond to the court (that is a cash bond) or hire and pay a bondsman to post an insurance policy (a surety bond) ensuring that you will appear at court. A surety bond involves a bondsman, who charges a premium (generally 10 percent of the amount of the bond plus administrative fees) and then issues an insurance policy to the court ensuring payment of the entire bond amount in the event that the defendant fails to appear at court. For example, if your bond is set at $10,000 cash or surety, you can post the entire $10,000 with the court (plus an administrative fee assessed by the court) to insure your appearance, or you can pay a bondsman $1,000 (10 percent of the bond amount) plus an administrative fee assessed by the bondsman and court. If you post a surety bond, once you case is concluded you do not receive any of your funds back. If you post a cash bond you will receive your money back less any administrative fees, courts costs or fines.

Regardless of the bond, courts can and often do attach other terms and conditions on your bond, such as travel or employment restrictions. They can also place you on electronic monitoring, confine you to your home, or prohibit you from contacting witnesses or alleged victims.

It’s important to follow all guidelines of the court when trying to secure a bond, and a knowledgeable criminal defense lawyer can help argue the merits of a recognizance or standard bond at your initial appearance in front of the judge.

Assault Charges in Ohio

Assault charges are serious and can result in significant jail time and fines in Ohio without an experienced criminal defense attorney at your side.

Assault is a serious crime resulting in a charge that can have a significant impact on your life. In Ohio, any type of assault is considered a violent crime; consequently, a criminal defense attorney experienced in defending people charged with assault is essential.

Felonious Assault

Felonious assault is a serious crime. To be charged with felonious assault, you must be suspected of having knowingly caused serious physical harm to another person or to an unborn child, or be suspected of causing or attempting to cause serious physical harm with a deadly weapon or firearm (known as “dangerous ordinance”). This is a second-degree felony, but if the victim is a law enforcement officer, you will face a first-degree felony charge.

In Ohio you can also be charged with felonious assault if you engage in sexual intercourse with another person if you are HIV positive – without informing the other person of your HIV status, or if the other person lacks the mental capacity to understand the risks involved, or if the other person is under 18 and they are not your spouse.

Aggravated Assault

Aggravated assault is a fourth-degree felony and is similar to felonious assault in that you must be suspected of attempting to cause serious physical harm to another person or to an unborn child. However, to be charged with aggravated assault, you must be suspected of being in an emotional state or in a sudden rage when committing the offense, and the emotional state must somehow have been caused by the victim. If the victim is a law enforcement officer the aggravated assault is a second-degree felony

Other Forms of Assault

You can be charged with negligent assault if you negligently cause physical harm with a deadly weapon to another or to an unborn child. Domestic violence falls under the category of negligent assault in Ohio. If you knowingly or recklessly cause or attempt to cause physical harm to a family or household member, or if you use or threaten force that causes a family or household member to believe they are in danger, you can be charged with this crime.

Penalties for Assault

The penalties for assault depend on the type of assault you are charged with and are as follows:

First-degree felonious assault: the punishment is three to eleven years in prison and a fine of up to $20,000.
Second-degree felonious assault: the punishment is two to eight years in prison and a fine of up to $15,000.
Fourth-degree aggravated assault: the punishment is six months to eighteen months in prison with a fine up to $5,000.
Simple assault: the punishment is up to 180 days in jail and a fine of up to $1,000.
Misdemeanor negligent assault: the punishment is up to sixty days in jail and a fine of up to $500.

The sentence for any form of assault can be even more severe if you knew that the victim was pregnant, if shots were fired nearby a school or residence, from a vehicle, or if body armor was used during the crime. You can also be responsible for paying restitution, meaning that you have to cover expenses for medical treatment, counseling, or property repairs of the victim(s).

If you are being charged with assault or other criminal charges, 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.

Tampering with Evidence: Ohio Criminal Law

Tampering with evidence in Ohio can result in additional charges that lead to prison time and fines. An experienced Ohio criminal defense attorney can help.

Being charged with any crime is serious, but an added charge of “Tampering with Evidence” in Ohio can make matters much worse. A person convicted of tampering with evidence can face up to 3 years in prison, and a fine of up to $10,000, and this is in addition to any other charges you could be facing.

To be convicted of tampering with evidence in Ohio, the prosecutor must provide that you knowingly altered, concealed, falsified, or destroyed any tangible record, document, or object with the intent to interfere with an investigation or in anticipation of an investigation. If you are charged with tampering with evidence, it is crucial that you secure an experienced Ohio defense attorney as soon as possible to help you fight the charges. To obtain a conviction for evidence tampering, the prosecutor must provide three things:

Evidence of a Crime

You can’t be charged with tampering with evidence in Ohio if the evidence would not have any impact on the initial charge. If the object or document in question was not actually considered to be evidence, even if you thought it was, then a skilled defense attorney may be able to have the charge dropped.

Knowledge of the Crime

The prosecutor must also prove that the item tampered with was something you knew would be evidence in an ongoing or future investigation. For example, if documents were shredded that could have been used as evidence, but the person shredding them did not know that the documents could have been evidence, then the charge fails to have merit.

Intent

The prosecution is also required to prove intent. A person can knowingly destroy evidence that is part of an investigation without realizing that they are in fact interfering with that investigation. It could be as simple as washing clothes that the person knew were at a crime scene, so long as there was no intent to conceal or destroy the evidence needed for the investigation. The prosecution must be able to prove that a person’s actions were done with the intent to interfere with an investigation.

You can be charged with tampering with evidence in Ohio even if an investigation has not yet been started. If you have done something to hide evidence, out of fear of an impending investigation, or even before a crime has been committed, then the charge can be used against you. Having an experienced criminal defense lawyer who knows how to combat tampering with evidence charges may help you win your case.

If you are being charged with tampering with evidence or other criminal charges, 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.

Resisting Arrest in Ohio

Resisting arrest in Ohio can result in criminal charges. If convicted, you can be fined or jailed and have a permanent record. Resisting arrest is a felony.

The criminal charge of resisting arrest can occur when a person interferes with a lawful arrest performed by a law enforcement officer. If you are prosecuted for resisting arrest in Ohio, the prosecutor must prove that you attempted to prevent officers from arresting you. Whether you are charged with a misdemeanor or felony resisting arrest depends on the specific facts involved in the case.

Misdemeanor Resisting Arrest Charges in Ohio

You can be charged with a second-degree misdemeanor resisting arrest in Ohio if you have, recklessly or by force, resisted or interfered with your own lawful arrest or the arrest of another. In Ohio, a second-degree misdemeanor is punishable by up to 90 days in jail and a fine not to exceed $750. This charge is escalated to a first-degree misdemeanor if you have, recklessly or by force, resisted or interfered with your own lawful arrest or the arrest of another, and during the course of that resistance or interference, you caused physical harm to the arresting officer. A first-degree misdemeanor is punishable by up to 180 days in jail and a fine not to exceed $1,000.

Felony Resisting Arrest Charges in Ohio

A fourth-degree felony charge will apply to resisting arrest in Ohio if, during your resistance, you cause physical harm to the officer while using a deadly weapon. Even if you do not use the weapon to cause harm to the officer but simply possess a deadly weapon, you can be charged with felony resisting arrest. Even threatening the officer with a deadly weapon while resisting arrest can result in a felony charge. In Ohio, a fourth-degree felony is punishable from 6 to 18 months in prison and a fine not to exceed $5,000.

Proving Resisting Arrest Charges in Ohio

Resisting arrest charges have to be proven by the prosecutor, and in order to be convicted for resisting arrest charges, the officer must first demonstrate that the arrest was lawful. That is the defendant must have been informed that they were being arrested, and that upon receiving that information, interfered with the arrest. Without these requirements being met, you cannot be convicted with resisting arrest in Ohio.

It’s important to note that simply telling an officer that you won’t go with them does not constitute resisting arrest, and even people who have ran from police have not been charged with resisting arrest in Ohio. In order to avoid unfair charges when resisting arrest did not actually occur, it’s critical that you speak with an experienced criminal defense attorney.

If you are being charged with resisting arrest or other criminal charges, 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.