Tag: ohio 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.

Illegal Conveyance Charges in the State of Ohio

The illegal conveyance of weapons, drugs, liquor, cash, or electronic communications devices onto the grounds of a detention facility or other government institution is a serious charge in the state of Ohio that can result in serious repercussions. The typical scenario encompassing this charge often involves a family member or a significant other trying to sneak (convey) drugs into a detention facility where the inmate with whom they are related is being held. Occasionally, you’ll read about an employee of the prison attempting to commit this crime, and if he or she is convicted of conveying drugs or weapons into the prison and work for the Ohio Department of Rehabilitation and Corrections, that employee is subject to mandatory prison time.

Section 2921.36 of the Ohio Revised Code states in relevant part:

(A) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or facility that is under the control of 1.) the department of mental health and addiction services; 2.) the department of developmental disabilities; 3.)  the department of youth services; 4.) or the department of rehabilitation and correction any of the following items:

(1) Any deadly weapon or dangerous ordnance, or any part of or ammunition for use in such a deadly weapon or dangerous ordnance;

(2) Any drug of abuse;

(3) Any intoxicating liquor.

In addition to weapons, ammunition, drugs and liquor, it is also illegal to convey cash or any electronic communications device such as your cell phone into a detention facility.

Illegal Conveyance of Weapons or Drugs

If you are convicted of the illegal conveyance of weapons or drugs into a detention facility, it is a third-degree felony, and the penalties are 9, 12, 18, 24, 30, or 36 months in prison and a fine not to exceed $10,000.  Instead of a prison sentence, you could receive court-ordered community control sanctions (also referred to as probation) and be required to pay court costs and a fine.

If you are sent to prison, you may also be placed on three years of post-release control (also referred to as parole) after your release from prison.

Illegal Conveyance of Liquor

If you are convicted of the illegal conveyance of liquor into a detention facility, it is a second-degree misdemeanor (M-2) punishable by up to 90 days in jail, a fine not to exceed $750, and court costs. You can also receive probation.

Illegal Conveyance of Cash or Cell Phone

If you are convicted of the illegal conveyance of cash or an electronic communications device into a detention facility, it is a first-degree misdemeanor (M-1) punishable by up to 180 days in jail, a fine not to exceed $1,000, and court costs. You can also receive probation.  If you have a previous conviction for this same crime, illegal conveyance is then a fifth-degree felony, and the penalties are 6 to 12 months (in prison in one-month increments) and a fine not to exceed $2,500.

Instead of a prison sentence, you may receive probation and be required to pay court costs, restitution, and a fine.  If you are sent to prison, you may also be placed on three years of post-release control (parole) following your release.

Illegal Conveyance is a Serious Crime

A misdemeanor or felony conviction for illegal conveyance becomes part of your permanent record, and a felony conviction 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 charged with illegal conveyance 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.

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.