Have You Been Charged with Robbery in the State of Ohio?

Section 2911.02 of the Ohio Revised Code defines robbery in the following terms:

(A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:

(1) Have a deadly weapon on or about the offender’s person or under the offender’s control;

(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another;

(3) Use or threaten the immediate use of force against another.

(B) Whoever violates this section is guilty of robbery. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.

Robbery is a serious charge that involves committing a theft or the attempt to commit a theft, but the charge of robbery itself is much more than mere theft. It is considered a violent crime, whether injury has occurred or not, due to the element of force which is defined as “any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.” Serious consequences will occur if you are convicted of robbery as such a conviction is a felony, which will have serious negative impact on your life.

Robbery in the State of Ohio as a Third Degree Felony

It’s essential to understand that you can be charged with robbery even if you do not have a weapon. Further, you do not even have to inflict harm on another person to be charged with robbery, as the only requirement is the threat of force. Robbery is taking property that is in the control of someone else. Such circumstances result in a third-degree felony as defined under Section 2911.02 (A)(3), and if convicted of a third degree felony robbery the penalties are either court community control sanctions (also called probation) or 9, 12, 18, 24, 30 or 36 months in prison. If you have two or more convictions (in separate cases for aggravated robbery, robbery, aggravated burglary or burglary) then the sentencing range for a third degree felony robbery increases to 42, 48, 54 or 60 months in prison and can include court costs, a fine not to exceed $10,000 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

Robbery in the State of Ohio as a Second Degree Felony

Possessing a deadly weapon while committing a robbery or inflicting, attempting to inflict, or threatening to inflict physical harm on another will result in a charge of robbery in the second degree. Many commonplace items can be construed as a deadly weapon. For example a screwdriver, pair of scissors, hammer, etc. Therefore, you should not assume that simply because you did not possess a knife or a firearm that you will not be charged with robbery in the second degree. If convicted of second degree robbery 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 two and eight 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.

Aggravated Robbery in the State of Ohio is a First Degree Felony

The most serious robbery charge is aggravated robbery and occurs when a deadly weapon is either used, brandished, or the offender indicates that he has a deadly weapon.  For example, placing you hand in the pocket of your jacket and acting like it is a firearm.  Or, if you inflict or attempt to inflict serious physical harm on another person. If convicted of first degree robbery 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 three and eleven 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 you are have been charged with robbery in Ohio

If you have been charged with robbery 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.

Defending Domestic Violence Charges in Ohio

Even a misdemeanor conviction for domestic violence becomes part of your permanent record and will prevent you from purchasing or possessing a firearm and have many other collateral penalties that can have an adverse impact on many aspects of your life, including your job.

violence-against-women-1169348_1920Domestic violence is a crime, defined by Ohio statute as causing, attempting to cause, or threatening physical harm against a family or household member.

Section 2919.25 of the Ohio Revised Code reads in relevant part:

(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.

(B) No person shall recklessly cause serious physical harm to a family or household member.

(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Domestic violence can be charged as either a misdemeanor or a felony of varying degrees, depending on the nature and outcome of a particular incident, whether the offender has previous convictions for domestic violence (or similar crimes) and whether the offender knew the victim was pregnant. Domestic violence charges can be accompanied by additional charges, including felony firearm possession and/or resisting arrest. If you are convicted of domestic violence and knew the victim was pregnant, there is a mandatory term of incarceration.

Threatening Domestic Violence

Threatening to cause harm to a family member or household member, even if you do not physically assault the person, can still result in a fourth-degree misdemeanor. If you are found guilty, you may face jail time as well as a discretionary fine. Charges and penalties are more severe if you have prior convictions for domestic violence or if you knew the victim was pregnant.

Definition of a Household or Family Member

To be charged with domestic violence, the victim must be a family or household member, which is defined by Ohio statute as:

● a spouse, former spouse, or a romantic partner with whom the offender has resided in the last five years

● the offender’s parent or foster parent

● a child of the offender

● an extended family member of the offender

● a parent or child of the offender’s spouse, former spouse, or romantic partner

● an extended family member of the offender’s spouse, former spouse, or romantic partner

The other parent of any child or alleged child of the offender is also considered a family member under Ohio law, whether or not she or he lives with or ever has lived with the offender.

Domestic Violence Penalties in Ohio

Depending on the nature of a particular incident and if the offender has previous convictions for domestic violence (or similar crimes) and whether the offender knew the victim was pregnant, a person convicted of domestic violence faces the following range of penalties:

● for 1st-degree misdemeanor, up to six months in jail and/or a fine up to $1,000

● for 2nd-degree misdemeanor, up to 90 days in jail and/or a fine up to $750

● for 3rd-degree misdemeanor, up to 60 days in jail and/or a fine up to $500

● for 4th-degree misdemeanor, up to 30 days in jail and/or a fine up to $250

● for 5th-degree felony, six to twelve months in prison and a fine up to $2,500

● for 4th-degree felony, six to eighteen months in prison and a fine up to $5,000

● for 3rd-degree felony, nine months to three years in prison and a fine up to $10,000

If the offender knew that the victim was pregnant, the court requires a minimum sentence of six months to one year in prison. The length of the sentence depends on whether domestic violence was threatened or if actual harm was caused, and whether the victim’s unborn child was harmed.

In addition to jail time and a discretionary fine, someone convicted of domestic violence in Ohio may also be required to pay restitution. Restitution is a court-ordered payment to cover costs that the victim may have incurred as a result of the domestic violence, such as medical treatment, counseling, or replacing and repairing damaged property.

Domestic Violence is a Serious Crime

Even a misdemeanor conviction for domestic violence becomes part of your permanent record and will prevent you from purchasing or possessing a firearm. A conviction for domestic violence will have many other collateral penalties that can have an adverse impact on many aspects of your life, including your job.

If you have been charged with domestic violence in Ohio, resisting arrest, or other criminal charges, having an attorney to help you navigate the court system is crucial.  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 criminal defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Ohio Burglary Laws and Criminal Defense Options

Ohio burglary laws are complicated. Retain an experienced criminal defense attorney as soon as possible help you protect your rights.

handcuffs-921290_960_720The criminal charges of breaking and entering, burglary and aggravated burglary are all felonies Should you find yourself indicted on any of these charges, it is critical that you retain an experienced criminal defense attorney as soon as possible, to protect you throughout the legal process.

Ohio law breaks burglary down into three main offenses: Breaking and entering, burglary, and aggravated burglary.

Ohio Breaking and Entering

To be charged with felony breaking and entering (also referred to as B&E) you must trespass in an unoccupied structure with the intent to commit any theft or any other felony.  If you are convicted of this breaking and entering, it is a fifth-degree felony punishable from 6 to 12 months in prison and a fine not to exceed $2,500.

Ohio Burglary

Generally, to be charged with felony burglary of the second or third degree, you must have trespassed in an occupied structure – by force, stealth, or deception – with the intent to commit a criminal offense. Depending on the facts of your case – that is, whether someone was present or likely to be present – you can be charged with second degree felony burglary, which is punishable from to two to eight years in prison, and a fine not to exceed $15,000. You can also be charged with a third-degree felony burglary, which 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.  A fourth-degree felony burglary requires you to trespass in a home when someone else is present or likely to be present.  A fourth degree felony is punishable by 6 to 18 months in prison and a fine not to exceed $5,000.

Ohio Aggravated Burglary

Aggravated burglary is a more serious burglary offense. If you have been charged with aggravated burglary, you must have trespassed – by force, stealth, or deception – in an occupied structure where someone is present, with the intent to commit a criminal offense, and you inflict, or attempt or threaten to inflict physical harm to that person or have a deadly weapon or dangerous ordnance on or about you or under your control. Aggravated burglary is a first-degree felony which is punishable by from 3 to 11 years in in prison and a fine not to exceed $20,000.

Being charged with breaking and entering, burglary or aggravated burglary 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 are being charged with breaking and entering, burglary or aggravated burglary, 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.

Self-Defense and the Ohio Castle Doctrine

The Castle Doctrine is intended to protect homeowners from being threatened inside their own homes, but it is complicated. If you’re claiming self-defense, you need an experienced attorney at your side.

BurglarWhen do you have the right to use deadly force in self-defense? When will the law work with you, rather than against you, in the face of threat? In Ohio, the ability to use deadly force for self-defense – and not go to jail for manslaughter or murder – must meet certain standards.

Duty to Retreat

If you are in public, on a street or in a public place, and you face a physical threat, you have what’s called a “duty to retreat” – in other words, rather than face the threat, you are required by law to do your best to escape from the threat by leaving, running away, or getting help from a peace officer. Only when the use of force is your only alternative will self-defense be found legitimate by a jury. Currently, the law in Ohio requires a defendant asserting self-defense to prove three things by a preponderance of the evidence (more likely than not):

(1)   That the defendant was not at fault in creating the situation giving rise to the “affray.”

(2)   That the defendant “had a bona fide belief that he was in imminent danger of death or great bodily harm and the only means to escape such danger was in the use of such force.”

(3)   That the defendant “did not violate any duty to retreat or avoid the danger” as discussed above.

The Castle Doctrine

While you have a duty to retreat when threatened in public, Ohio is a “stand your ground” state when it comes to being threatened in your own home. You do not have to retreat if an intruder enters your home and threatens you or your family.

And intruders are the clearest cases where the Castle Doctrine applies and your argument of self-defense will not be questioned when someone breaks into your home and threatens your safety or the safety of your family. At that point, you are within your rights to use deadly force to defend yourself and your family from the intruder.

In order to be protected by the Castle Doctrine, the intruder must actually be inside your home or attempting to enter (coming in/breaking through a door or window). If the intruder is simply peeking through a window and has not made an attempt to enter, you need to call 9-1-1 and request assistance from the police. For the Castle Doctrine to apply, you must actually believe that your life or the lives of your family members are in grave danger.

There are limits to the application of the Castle Doctrine.

Invited Guests

You will not be able to use self-defense against a threat from someone who has been invited to be in your home, even if it was someone else (a spouse or child) who invited the person in. There are, of course, extenuating circumstances where this would not apply and you would be allowed to use the self-defense argument, but it is rare.

Other Residents

You cannot claim self-defense against other residents of your home. For example, you cannot kick your adult child out of the home then shoot them when they try to come back in.

Departing Burglars

As much as you might think you have the right, if the burglar or intruder is leaving your home, you are no longer protected under the Castle Doctrine, because your life is no longer in imminent danger.

Delivery People

You cannot use self-defense against postal workers or FedEx drivers who have short-term rights to be on your property. You also cannot use self-defense if you’re not home and arrive to find someone breaking in. Then, you must call the police.

The only other time the Castle Doctrine applies is if you are in your car and must act in self-defense to preserve your life. The same elements apply: you must not have invited the person into the car with you, you must not be able to flee or retreat, and your life must actually be in danger.

The Castle Doctrine is intended to protect homeowners from being threatened inside their own homes, but it is complicated. If you are being charged with a crime and believe you acted in self-defense, 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.

 

Why Was I Charged with a DUI or OVI?

It comes as a shock to many citizens who are charged with an OVI to discover that even though it felt like they were passing the field sobriety tests.

IMG_3453bWere you arrested or issued a ticket for an OVI even though you believed you had passed the field sobriety tests given by the officer? It comes as a shock to many citizens who are charged with an OVI to discover that even though it felt like they were passing the field sobriety tests. Unfortunately, the telltale signs of inebriation that the officer is looking for can be dramatically different from what you believe you’re demonstrating during the test. Officers in Ohio are trained to look for specific behaviors and physiological symptoms that indicate a blood-alcohol content above the legal limit of 0.08.

Field Sobriety Tests

Field sobriety tests are used by Ohio officers to determine the likelihood that a driver will have a blood-alcohol level of 0.08 or higher. Often, the officers will begin field sobriety testing with the Horizontal Gaze Nystagmus (HGN) test. What you’ll be asked to do is simple: follow a pen, light, or finger with your eyes as it moves back and forth. You may feel as if you are “passing” the test because you are able to follow the object with your eyes. Unfortunately, what the officer is watching for is nystagmus, a twitch that occurs involuntarily. Alcohol is not the only cause of nystagmus; other neurological conditions and chemicals (nicotine, caffeine) can also cause these twitches.

Balance tests are also used to test for sobriety. The officer will ask you to stand on one leg to help determine whether or not you are over the legal blood-alcohol limit to be driving. You may be able to stand on one foot for the full 30 seconds, but the officer is watching for other clues as well, including swaying, using arms to balance, or hopping – all of which can indicate to the officer that you have been drinking.

The walk and turn test is another common field sobriety test. You’ve likely seen something similar on TV shows or in movies. The driver is instructed to walk a straight line, with the heel touching the toe on each step. The driver is typically instructed to take a specific number of steps, then turn and return. Even if you walk a straight line during this test, the officer is also watching for other clues of inebriation, including an inability to follow instructions, an inability to keep heel and toe together, and pauses during the test.

What to Do If You Get an OVI

Operating a vehicle while impaired, or OVI, is a broadened scope of a driving under the influence charge, and you don’t even have to be currently driving the vehicle to be charged with OVI. If the officer is unable to determine if you drove the vehicle, you can be charged under the Physical Control statute.  If you are charged with an OVI, it is important to get an experienced Ohio OVI attorney who is familiar with the administration of field sobriety tests to help you.

It is possible to fight OVI and Physical Control charges, but an experienced attorney who is familiar with the tests and equipment used by Ohio officers can help. This is particularly crucial if you were charged with an OVI after a breathalyzer or blood test. If you have been charged with an OVI or Physical Control crime in Cleveland or Northeast Ohio, you will need an experienced criminal attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.