Cleveland Menacing Defense Lawyers
400+ Jury Trials & 70+ Years of Collective Experience
What is menacing? It is a charge that applies to a wide range of circumstances, including alleged stalking. Because of this, misunderstandings on the part of the police or the alleged victim are often the cause of this criminal charge.
The Cleveland menacing defense attorneys at Patituce & Associates vigorously defend the rights of accused people throughout the state of Ohio. If you have been accused of menacing, contact our firm immediately to schedule a free and confidential case review. As these charges can easily be overblown, our goal is to ensure that your rights are protected throughout the entire criminal process and that you are treated fairly by the Ohio courts.
Call our Cleveland law firm today to see how our practiced lawyers can defend your freedom and seek the best possible outcome for your case (440) 771-1175
What is Menacing?
In Cleveland, you can be charged with menacing (O.R.C. 2903.22) even if you didn’t lay a finger on anyone or make a verbal threat against them. Prosecutors will work hard to try and prove that you led the alleged victim to believe you would harm them, a member of their family, or their property. If you’re convicted of menacing, you could face jail time and fines, in addition to damage to your reputation.
Ohio Menacing Charges
It’s important to take even misdemeanor prosecutions seriously. Just because a crime is not a felony does not mean that it doesn’t come with serious repercussions. Fight back with us at your side!
There are several types of menacing charges that include:
- Menacing (O.R.C. 2903.22) – Punishable by 30 days in jail and a $250 fine
- Aggravated Menacing (O.R.C. 2903.21) – Can lead to longer jail sentences (up to 180 days)
- Menacing by Stalking (O.R.C. 2903.211) – Punishable by 180 days in jail and a $1,000 fine
If you have prior convictions, though, the prosecution may seek a fourth-degree felony charge and stricter penalties. Fourth-degree felony charges can lead to 18 months in prison and a $5,000 fine.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
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Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)
Our client was accused of driving while under the influence of drugs, or alcohol.
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Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
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Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
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Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
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Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
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Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
Ohio’s Aggravated Menacing Law
In Ohio, it’s illegal for anyone to make another individual reasonably believe that they could cause them serious physical injury. This conduct is what’s known as aggravated menacing, and it’s a misdemeanor offense. The law states that it is unlawful to make another believe that serious physical harm will be caused to:
- Themselves
- Their unborn child
- Their immediate family member
- Their property
You could also violate this law by threatening, by words or conduct, the other person’s place of employment or an organization to which they belong.
Aggravated Menacing Jail Time and Penalties in Ohio
Threatening serious harm to another person, their family, or their property is a first-degree misdemeanor. If you’re found guilty, you could be imprisoned for up to 180 days and/or fined up to $1,000. However, under certain circumstances, aggravated menacing in Ohio can be elevated to a felony. It’s a fifth-degree felony if the person you threatened is an officer or employee of a public agency that provides children’s services or child placement, and the threat was related to the performance of their official duties. In this case, the penalties you could face include imprisonment for up to 12 months and/or a fine of up to $2,500.
If you were previously convicted of a violent crime against an employee of a child services agency, and you commit another aggravated menacing offense, a fourth-degree felony charge will be levied against you. The conviction penalties include up to 18 months imprisonment and/or a fine of up to $5,000.
What Is “Serious Physical Harm” in Ohio?
Under O.R.C. 2901.01, serious physical harm to a person includes the following:
- Mental illness that would require the person to be hospitalized or receive psychiatric treatment
- Injury that causes a substantial risk of death
- An injury that results in permanent incapacity or temporary but substantial incapacity
- An injury that causes either permanent disfigurement or temporary but serious disfigurement
- An injury that results in substantial suffering or prolonged pain
Serious harm to property includes anything that would substantially decrease the value of the property, require a substantial amount of time to replace or repair, or reduce the use or enjoyment of the property.
What Is Menacing By Stalking?
Whenever an accused person engages in behavior that makes another believe that the accused will harm the alleged victim physically or mentally, this is known as menacing by stalking. A more detailed description of menacing by stalking can be found in Ohio Revised Code section 2903.211. First-degree misdemeanors and fourth-degree felonies can both be charged with this offense. If convicted of a first-degree misdemeanor, you can be fined up to $1,000, imprisoned for 180 days, or both. The penalty for a fourth-degree felony can range from $5,000 in fines to 18 months in prison.
How to Beat a Menacing Charge in Ohio
Facing a menacing charge in Ohio can be an unsettling experience with the potential to cause extreme mental distress as well as long-term ramifications. A conviction can result in fines, jail time, and a lasting criminal record that affects employment, housing, and reputation. However, with a strategic approach and the assistance of an experienced criminal defense attorney, it may be possible to beat a menacing charge in Ohio by following these steps:
- Hire an Experienced Attorney – An attorney who practices criminal defense and has experience with menacing charges in Ohio can analyze the evidence, identify weaknesses in the prosecution’s case, and develop a strategy tailored to your situation.
- Gather Evidence – Evidence that supports your defense, such as witness statements or surveillance footage, may help contradict allegations or show lack of intent to menace.
- Consider Legal Defenses – Defenses like lack of intent, mistaken identity, or First Amendment protected conduct may be relevant depending on the circumstances.
- Negotiate a Plea Deal – In certain cases, negotiating a plea to a lesser charge with reduced penalties may be appropriate.
- Prepare for Trial – If your case goes to trial, your attorney will help develop and present the most persuasive case possible.
- Seek Expungement if Applicable – If convicted, you may be eligible for expungement to seal the conviction and minimize long-term impact.
Arrested? Call Our Cleveland Menacing Defense Attorneys for Legal Guidance.
The Cleveland menacing defense lawyers at Patituce & Associates know how to push back against charges involving conduct others may have misconstrued. Our assault attorneys have spent more than 70 years in the legal field. As former prosecutors, we’ve spent time on both sides of the courtroom. Let us use this experience to fight for you. Reach out to a criminal defense lawyer.
Call (440) 771-1175 to set up your first consultation with a Cleveland menacing defense lawyer at Patituce & Associates, LLC! We are ready to see how we can protect your interests and freedom.
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We Know the Legal System
Our criminal defense attorneys understand the legal system and local courts, helping you navigate your case efficiently and avoid costly mistakes.
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We Give You Peace of Mind
Being charged with a crime is overwhelming. With our team on your side, you can focus on your life while an experienced professional handles your defense.
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We Fight For Your Rights
Police and prosecutors sometimes push the limits of the law. We work to protect your rights and prevent unconstitutional evidence from being used against you.
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We Build A Strategic Defense
Fighting criminal charges requires a strong strategy. Our experienced team builds a defense tailored to the specific facts of your case.
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We Work to Mitigate Consequences
One of the main benefits of hiring our Ohio criminal defense attorneys is our ability to help reduce the potential consequences of a conviction.
