Criminal Mischief Penalties, Defenses, and Why You Need a Lawyer to Fight for You Property damage has been a hot topic in the news recently. Usually, property damage crimes do not make the news. However, we have seen hours of news footage and cellphone video of property destruction connected to political and social demonstrations. Criminal mischief occurs in various situations that are not politically charged. Police often bring criminal mischief charges along with other charges like domestic assault and battery and resisting arrest. However, criminal mischief in Ohio can also occur in conjunction with computer crimes. If you face criminal mischief charges in Ohio, you should understand the penalties you face, the possible defenses you might have, and how an Ohio criminal mischief defense lawyer from Gounaris Abboud could help you. Criminal Mischief Ohio Ohio Revised Code 2909.07 (ORC) is the law that establishes criminal mischief as a crime for destroying property. Criminal mischief ORC covers numerous factual scenarios. ORC criminal mischief imposes criminal liability for moving, defacing, damaging, destroying, or tampering with property without legal excuse. The police may charge a person with criminal mischief in Ohio for: Damaging another person’s property; Damaging personal real estate if there is a mortgage on the property; Destroying real estate after receiving notification of foreclosure proceedings; Using a stink bomb, smoke bomb, tear gas, or other substance that causes public alarm or could harm another; Defacing property boundary markers; Destroying safety devices; Setting fire to personal property situated on the owner’s real property; Hacking into another’s computer system or network and altering the computer; or Releasing a virus or other computer program that damages another’s computer system. ORC criminal mischief is a broad law that tries to cover as many circumstances as possible. An Ohio criminal defense attorney will explain what the State has to prove against you beyond a reasonable doubt to convict you of criminal mischief under the ORC. Penalties for Criminal Mischief in Ohio The possible penalties you face for a conviction of criminal mischief vary depending on the underlying facts. Generally, a conviction for ORC criminal mischief is a third-degree misdemeanor. A person convicted of a third-degree misdemeanor could receive a jail sentence of up to 60 days and a fine of no more than $500. The possible penalties for criminal mischief in Ohio increase if the crime involves significant risk of physical harm or a computer crime. In those circumstances, criminal mischief becomes a first-degree misdemeanor. The maximum penalty in Ohio for a conviction of a first-degree misdemeanor is a six-month jail sentence and a fine of up to $1,000. Prosecutors could issue felony criminal mischief charges in limited circumstances. Fifth-degree felony charges could be issued for criminal mischief if the acts cause between $1,000 and $10,000 in damage to a computer or any damage to an aircraft or aircraft equipment. Moreover, police officers could charge criminal mischief in the fourth degree for damage to a computer system causing more than $10,000. Additionally, a person who damages an occupied airplane faces fourth-degree felony charges. Defenses to Criminal Mischief in Ohio A qualified Ohio criminal defense lawyer will analyze your case and discuss your options. Entering a plea bargain to a reduced charge may be a viable option in your case. However, you should be aware that other defenses may apply. A thorough Ohio criminal defense lawyer will explore defenses such as: Mistaken identity, Lack of criminal intent, Accident, and Consent. Other defenses may apply if the police violated your constitutional rights. An experienced Ohio attorney who has handled criminal mischief defenses understands best how to protect your rights. Don’t Let Criminal Mischief in Ohio Ruin Your Future At Gounaris Abboud, we believe in providing our clients with an aggressive defense to minimize the impact criminal charges have on their lives. Call us today at 937-222-1515 to discuss your criminal mischief charges and how we can help you.Read More
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Are you facing a charge of receiving stolen property (Ohio residents may also refer to this as possession of stolen property charge)? If so, you should understand what the charge means, what level of offense it is, what punishments you could face, and what you should do next. You are facing a criminal case. However, Gounaris Abboud, LPA lawyers are ready to defend you and work toward the best possible outcome for you regarding these charges. Receiving Stolen Property: Ohio Law The first step in addressing issues of receiving stolen property is to understand the law. If the police charged you with receiving stolen property, it means they believed you knew or should have known that property was obtained through the commission of a theft offense and that you: Received, Retained, or Disposed of the property. The Theft and Fraud sections of our State laws fully address stolen property ORC (Ohio Revised Code) violations. A veteran defense attorney can apply the facts of your situation to the law and determine whether you might face charges and if so how to best defend you. Is Receiving Stolen Property a Felony or Misdemeanor? The short answer to this question is that the charge can be either a felony or a misdemeanor. Specifically, the receiving stolen property ORC section states that it is a misdemeanor of the first degree. However, it is a felony if, for instance, the property involved is: One thousand dollars or more in value, A motor vehicle, A dangerous drug, A firearm or dangerous ordnance, A credit card, A specific type of printed check or another negotiable instrument, or A motor vehicle identification license plate. Above are just some of the circumstances that can lead to a felony. The law is broad and takes seriously acts involving, in Ohio, receiving stolen property. Law enforcement may raise charges to a very consequential third-degree felony. Is Receiving Stolen Property a Felony If You Didn’t Know the Items Were Stolen? You can’t be guilty of receiving stolen property if you didn’t know it was stolen. However, your actions may result in a finding of guilt if you should have known the items were stolen. Additionally, the court can find you guilty even if no one stole the items but someone explicitly represented to you that the things were, in fact, stolen. As you can see, there are several complexities to receiving stolen property. Ohio has multiple possible charges and circumstances to consider. For a First Ohio Receiving Stolen Property Charge, Do I Need a Lawyer? For any receiving stolen property charges, you need a lawyer. The lawyers may be able to use the fact that it is your first offense to advocate dismissal or reduction of charges. But the reality is that you may be facing serious charges that carry the potential of time behind bars. Don’t underestimate the severity of your charges. On the other hand, facing a criminal charge can lead to feelings of despair. Don’t let that happen to you either. An attorney will discuss with you the circumstances surrounding your charges and present the best defense options. Whether it is your first charge, or you have prior charges of similar or different offenses, you need legal representation. Gounaris Abboud, LPA: Approaching Your Legal Troubles with Confidence The attorneys at Gounaris Abboud, LPA understand our criminal justice system inside and out. These experienced defense attorneys offer a free no-obligation case analysis to discuss the basics of your situation. Clients describe our firm as trustworthy, honest, and supportive. Contact Gounaris Abboud, LPA, by calling 937-222-1515. You can also reach us online 24/7. With over 50 years of collective experience, we are the attorneys you need.Read More
By their very nature, extradition cases involve multiple law enforcement agencies, court hearings, and defendants whom the law views as fugitives of justice. But extradition is also a legal process in which the defendant has rights, and the State must follow Ohio extradition laws. What Does Extradition Mean? When one state’s legal system returns a person (aka a fugitive) to the state where they committed a crime, the process is called extradition. Extradition can also apply to an individual who: Escaped from incarceration, Violated probation, or Violated parole. Applicable laws in each state delineate the specifics of their extradition laws. Does Ohio Extradite? Yes, the State of Ohio does extradite. The Ohio judicial system refers to extradition as the law of arrest and deliverance of fugitives from justice. The Ohio extradition radius is nationwide. As stated in the statute, the Ohio governor will call for a fugitive to be arrested and delivered to any other state’s appropriate authority. Under What Circumstances Will Ohio Extradite a Person? Here also, the law is broad. Ohio extradition laws support extraditing any person who has fled from justice in another state and is now in Ohio. It clearly states that Ohio will extradite if the other state charged the person with: Treason, A felony, or Another crime. Ohio is not a “run for cover” state. Meaning, if someone fleas another state after law enforcement charges them with a crime, Ohio will not help or protect them. Instead, law enforcement in Ohio will work with other state’s authorities to find and return the person to the other state to face charges. What Are the Defenses to Extradition? You may be innocent of all charges you are facing in another state. Unfortunately that fact does not impact extradition. However, a skilled defense attorney may be able to fight your extradition for one of these reasons: The extradition request documents are not legally correct; A person accused you of a crime in another state, but the legal system did not charge you with a crime; or The extradition request does not name you. There are legal technicalities and case-specific circumstances that a defense attorney should address before the court can extradite you. Your chance of fighting extradition successfully will be best if you hire highly experienced criminal defense attorneys. Extradition is a specific area of law that not all lawyers can address. What Should I Do If I Am Facing Extradition? The Extradition Clause of the United States Constitution and the Ohio extradition laws provide for the return of persons charged with a crime in one state who flee to another state. However, you also have every right to hire an attorney to fight extradition, and you should always do so. Even if you want to return to another state to face charges willingly, meet with an attorney before agreeing to the extradition. Contact Gounaris Abboud, LPA If you seek an experienced attorney in criminal defense, look no further than Gounaris Abboud, LPA. Our lawyers represent clients in Dayton and throughout Ohio. Turn your legal concerns over to us. We will make sure that your rights are protected and fight fiercely for you in all criminal proceedings. You can reach us online or call us at 937-222-1515 for a free case analysis.Read More