Tag: Cleveland criminal defense attorney

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.

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.