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.