Menacing, harassment and stalking are three (mostly) legally distinct crimes that are often (incorrectly) used interchangeably. Harassment charges typically refer to telecommunications harassment, but is often bundled in with menacing crimes when the harassment is sexually or violently motivated.
The core element of harassment and stalking cases is intent – in other words, do you intend to make the other person feel unsafe or like their life is in danger? This feeling of being unsafe can arise from misunderstanding, or be blown out of proportion by the supposed victim, leaving a well-meaning but unfortunate boyfriend or ex-spouse with a felonious charge.
Cincinnati Lawyer for Stalking / Menacing Charges
Being accused of stalking is earth-shaking news. Even if you are fully acquitted of all charges, you will never be able to remedy the harm that law enforcement has done to your name. This is why it is so important to address allegations of menacing or stalking as soon as possible.
If you have been charged with menacing or stalking, know that you have someone on your side. The Wieczorek Law Firm has served the citizens of Cincinnati for over 16 years – originally a prosecutor, Mark Weiczorek is prepared to help build your defense against stalking charges. The best time to start is now.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.
Overview of Stalking / Menacing in Ohio
- Harassment vs. Stalking vs. Menacing
- Technology and Modern Stalking
- Protective Orders
- Penalties
- Hire a Lawyer for Stalking / Menacing Charges in Hamilton, OH
Harassment vs. Stalking vs. Menacing
Harassment
Defined under Ohio Revised Code Sections 2903.11, 2903.22 and 2917.21, stalking, menacing and harassment are defined first by nuisance, and then by danger. Harassment, formally known as telecommunications harassment, refers to unwanted, unwarranted, and continuous attempts to contact a recipient. This can include:
- Failing to identify the caller
- Describing or suggesting to the recipient engage in sexual activity
- Menaces the recipient
- Threatening to destroy property owned by the recipient
Explicitly:
(B) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person.
Menacing
Menacing, and aggravated menacing, fall under state statute 2903.22 and 2903.21, respectively.
(A)(1) 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.
This believe may stem from prior actions, or by words, as provided by the rest of subsection (A)(1):
In addition to any other basis for the other person’s belief 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, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
Aggravated Menacing explicitly refers the belief that the caller, or menacer will inflict serious harm. The victim must have very good evidence to prove that the offender will follow through with the threat or has a high probability of doing so.
If the belief is that the harm is not necessarily serious, the charge is reduced to simple menacing.
Technology and Modern Stalking
The rise of digital technology has introduced new ways for offenders to stalk and harass their victims. This technology is usually associated with telecommunications harassment.
- Cyberstalking: Using social media, email, or messaging apps to intimidate or harass.
- GPS Tracking: Installing tracking devices on vehicles or using smartphone apps to monitor a victim’s location.
- Hacking: Gaining unauthorized access to the victim’s online accounts or devices.
Ohio law addresses these issues by incorporating electronic communication and technology-based stalking into its statutes.
Protective Orders
Victims of stalking or menacing almost invariably seek a civil stalking protection order (CSPO) through the court. This legal remedy prohibits the offender from contacting or approaching the victim and may include:
- No-contact provisions.
- Restrictions from being near the victim’s home, workplace, or school.
- Temporary custody or support orders if the victim is a family member.
Violation of a CSPO is a separate criminal offense with additional penalties. In addition, having a CSPO means that law enforcement will look at you with extreme suspicion if any allegations of wrongdoing are perpetuated by the protected person.
Penalties
The severity of penalties depends on the nature of the offense, the harm caused, and whether the offender has prior convictions.
Menacing Penalties
- Fourth-Degree Misdemeanor:
- Penalties include:
- Up to 30 days in jail.
- Fines of up to $250.
- Penalties include:
- Aggravated Menacing (ORC 2903.21):
- If the threat involves serious physical harm, it may be charged as a first-degree misdemeanor.
- Penalties include:
- Up to 6 months in jail.
- Fines of up to $1,000.
Stalking Penalties
- First-Degree Misdemeanor:
- Penalties include:
- Up to 6 months in jail.
- Fines of up to $1,000.
- Penalties include:
- Fifth-Degree Felony:
- Applies if the offender has prior stalking convictions or if the stalking involves a threat of physical harm.
- Penalties include:
- 6 to 12 months in prison.
- Fines of up to $2,500.
- Fourth-Degree Felony:
- Applies if the offender stalks a minor, uses a deadly weapon, or violates a protective order.
- Penalties include:
- 6 to 18 months in prison.
- Fines of up to $5,000.
Hire a Lawyer for Stalking / Menacing Charges in Hamilton, OH
If you have been charged with menacing or stalking, know that you have someone on your side. The Wieczorek Law Firm has served the citizens of Cincinnati for over 16 years – originally a prosecutor, Mark Weiczorek is prepared to help build your defense against stalking charges. The best time to start is now.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.