Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with menacing in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 97-0192 or send an email to schedule a consultation regarding your menacing case.
What is Menacing in Ohio?
Menacing, pursuant to ORC 2903.22, is causing another person to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn child, or an immediate family member of that other person. This belief of physical harm is based primarily on the words or conduct of the defendant.
Ohio Penalties for Menacing
The penalties for menacing depend on the type of action committed by the defendant, with the charge ranging from a 4th degree misdemeanor to a 4th degree felony.
4th Degree Misdemeanor
This charge will be applied if the conduct that gave rise to the charge did not involve a police officer or children’s services employee, and the defendant does not have a prior conviction for an offense of violence. This charge carries a maximum 30 days in jail and a $250 fine.
1st Degree Misdemeanor
If the victim of the violation was a police officer or children’s services employee, and the offense relates to the performance of their duties, menacing is a 1st degree misdemeanor. This offense carries a maximum 6 months in jail and a $1000 fine.
4th Degree Felony
The defendant will be charged with a 4th degree felony if the defendant has a prior conviction for an offense of violence, and the victim of that prior offense:
- Was a police officer or children’s services employee; and
- The prior offense related to the performance of their duties.
The penalty for this offense is a maximum 18 months in jail and a $5000 fine.
Aggravated Menacing in Ohio
Aggravated menacing is very similar to menacing, except that the alleged offender has threatened “serious” physical harm to another person or property of the other person, the other person’s unborn child, or an immediate family member of that other person. Instead of beginning at a 4th degree misdemeanor and escalating based on certain conduct, aggravated menacing begins as a 1st degree misdemeanor and escalates based on certain conduct.
Ohio Penalties for Aggravated Menacing
The penalties for aggravated menacing depend on the type of action committed by the defendant, with the charge ranging from a 1st degree misdemeanor to a 4th degree felony.
1st Degree Misdemeanor
This charge will be applied if the conduct that gave rise to the charge did not involve a police officer or children’s services employee, and the defendant does not have a prior conviction for an offense of violence. This charge carries a maximum 6 months in jail and a $1000 fine.
5th Degree Felony
If the victim of the violation was a police officer or children’s services employee, and the offense relates to the performance of their duties, aggravated menacing is a 5th degree felony. This charge carries a maximum 12 months in prison and a $2500 fine.
4th Degree Felony
The defendant will be charged with a 4th degree felony if the defendant has a prior conviction for an offense of violence, and the victim of that prior offense:
- Was a police officer or children’s services employee; and
- The prior offense related to the performance of their duties.
This charge carries a maximum 18 months in prison and a $5000 fine.
Criminal Defense Attorney – Columbus and Delaware, Ohio
If you have been charged with menacing, you should hire an attorney immediately. Contact Attorney David Johnson of Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson will examine your case and assist you in putting forth the strongest defense possible. Call Johnson Legal, LLC at (614) 987-0192.