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.

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.

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.

jailUnderstanding 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.

stop-1131143_640Assault 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.

police-850054_960_720Being 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.