Cincinnati Menacing & Stalking Lawyer
Have you been accused or charged with menacing or stalking in Ohio? Don’t take these allegations lightly. Speak with a lawyer and defend yourself.
Generally, menacing and stalking is when someone repeatedly behaves in a way that has convinced another person that you were going to cause them mental or emotional distress, physically harm or put them in danger. Menacing and stalking behavior can be in person, over the phone, or through electronic communication. n addition, it often involves sexual motivations.
People often think of stalking as following someone or sneaking around spying on them while having the intent to harm or put them in danger. While this is true and can constitute stalking, stalking can also entail not being physically present or even having the intent to harm someone.
Regardless of what happened, you do not have to go through this experience alone. The sooner you consult with a Cincinnati menacing and stalking lawyer with LHA, the better. We will work diligently to achieve the most favorable outcome, which could mean the difference between getting the charge dismissed, clearing your name, or reducing the possible penalties.
Menacing & Stalking in Cincinnati, Ohio
Menacing and stalking in Ohio can occur over any mode of communication. Menacing and stalking can include but is not limited to emailing, texting, letters in the mail, phone calls, verbally threatening violence, trespassing into someone’s home, or frequently driving by the victim’s home, work, or school.
Menacing and stalking can either result in a misdemeanor or felony charge, depending on the facts and circumstances. Both carry jail and potential prison time in addition to hefty fines and fees.
You will also face other negative consequences such as damage to your reputation, difficulty keeping or finding a job, and maintaining custody of your children.
What’s Considered Menacing & Stalking
Menacing / Stalking is defined according to the Ohio Revised Code (ORC 2903.211) as engaging in any of the following:
- Engaging in a pattern of conduct that knowingly causes another person to believe that they will cause physical harm or mental distress to the other person.
- Using any electronic method of remotely transferring information, including, but not limited to any computer, computer network, computer program, or computer system, that posts a message with the intention of urging or inciting another person to cause physical harm or mental distress.
- Having a sexual motivation that violates either or both of the previous statements.
Menacing and Stalking Penalties
If convicted of menacing / stalking in Ohio, you face serious penalties. The specific penalties are dependent on the severity of the facts and circumstances of your particular case.
In most menacing and stalking cases, you will most likely be charged with a first-degree misdemeanor. This entails a maximum jail sentence of six months and up to $1,000 in fines.
On the other hand, if any of the following apply, you will be charged with a fourth-degree felony.
- Threatened physical harm or danger to another person;
- Trespassed where the victim works, goes to school, or lives;
- Involved a victim in the offense that is a minor;
- You have a prior history of violence toward the victim, or someone else;
- You were in possession of or were in control of a deadly weapon;
- A protection order was in effect at the time you committed the offense;
- You physically harmed or damaged the property on which the victim lives, or to any of the victim’s personal property;
- Before the offense, you posed a substantial risk of harm or danger to other individuals.
A fourth-degree felony conviction carries a maximum prison sentence of up to 18 months and up to $5,000 in fines.
Other Consequences of Menacing & Stalking
Menacing/Stalking in Ohio involves harsh and unforgiving consequences in addition to prison and exorbitant fines. Due to the serious nature of menacing/stalking offenses, this could potentially be on your criminal background for the rest of your life.
One possible consequence of menacing / stalking in Ohio is that the victim may seek a Civil Protection Order. A civil protective order is filed separately than the criminal charges.
Someone files for a civil protective order if you make unwanted contact or threats against them and you are not married to them. It will prohibit you from being within 500 feet of the individual who filed the order. If you violate the civil protective order, you will face further criminal charges and penalties as a result.
If convicted of menacing/stalking in Ohio, other areas of your life will likely be impacted. You face having a reputation in your community as a disturbed and dangerous criminal. In addition, you’ll likely have difficulty keeping or finding a job, further your education, difficulty financially, obtaining loans, maintaining professional licensures, and keeping custody of your children.
Why Work with a Defense Lawyer
When you are facing stalking or menacing charges, it is imperative that you immediately contact the Cincinnati Criminal Defense Attorneys at LHA. A stalking / menacing charge can be an overwhelming and anxiety-inducing experience, but you do not have to go through it alone.
Although every case is different, it is crucial that you obtain an experienced, knowledgeable, and compassionate attorney as soon as possible who will fight vigorously for your legal rights and best interest.
The sooner you speak with an attorney, the better your options will be regarding your sentence. The Cincinnati domestic violence team has successfully defended hundreds of individuals charged with stalking/menacing. Their knowledge, experience, and compassion for your case will help you receive the justice you deserve.
Facing criminal charges? Contact us today.
Criminal charges can be an overwhelming and frightening experience. You are probably worried about your freedoms and privileges being at stake and have a lot of questions. You can rest assured because the Cincinnati Criminal Defense team is here for you. Get the justice that you deserve.