Any criminal charge involving children will often result in high stress and amplified emotion. A charge of child endangerment is no exception. Child endangerment is an extremely serious charge in Ohio, and penalties can be severe. Thus, in most cases, it is absolutely necessary to work with an experienced criminal defense attorney who can help defend you against one of the most difficult charges you can face. If you are facing a child endangerment charge in or near Dayton, OH, consider consulting with an attorney today to discuss your case and determine how best to move forward. Ohio Child Endangerment Laws: An Overview Ohio defines child endangerment in Ohio Revised Code § 2929.22. Under this statute, it is a violation to “create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support.” Additionally, a “child,” for purposes of Ohio child endangerment laws, includes anyone under the age of 18, or a mentally or physically handicapped person who is under the age of 21. This definition of child endangerment is broad. However, the Ohio Revised Code does provide some additional definition. Specifically, the following will constitute child endangerment in Ohio: Abuse of the child; Torture or cruel abuse of the child; Prolonged corporal punishment or other physical disciplinary measures that are “excessive under the circumstances”; Repeated disciplinary measures that, if continued, would seriously impair the child’s mental health or development; and Enticing, coercing, or permitting a child to participate in any act that is obscene or sexual in nature. While this list is not exclusive, it is important to understand the types of activities that may constitute child endangerment in Ohio. It is also important to note that under this section, parents are not the only parties that can be found guilty of child endangerment. Under Ohio law, any of the following can be charged with child endangerment: Parents, Guardians, Custodians, Persons having custody or control of a child, or Persons in loco parentis of a child. For clarity, “in loco parentis” means any adult who is the caretaker of a child. This includes relatives, foster parents, or stepparents who have the rights, duties, and responsibilities of a parent. Penalties for Child Endangerment in Ohio Placing a child’s life at risk is a serious offense. Thus, the penalties for child endangerment charges in Ohio are severe. A first offense for child endangerment will result in a first-degree misdemeanor. Consequences for such a conviction include up to 6 months in jail and a fine of up to $1,000. However, if this is not your first conviction, the penalties can be even more severe. Depending on whether you have prior offenses and whether the child sustained severe injuries, a conviction for child endangerment can be elevated as high as a second-degree felony. Under Ohio law, a felony of the second degree can result in up to 8 years in prison and a fine of up to $15,000. Contact a Criminal Defense Attorney Today A charge for child endangerment has the potential to impact your rights as a caretaker for a child. Additionally, a charge can impact your reputation and lead to harsh criminal penalties. We understand how difficult it can feel to face a charge of child endangerment in Ohio. However, know that you are not alone. At Gounaris Abboud, LPA, we are prepared to help you through this difficult time and will strive to provide you with the best defense the law can provide. Our team of criminal defense lawyers has over 50 years of collective experience providing high-quality legal counsel to clients in need. Contact us online or by phone at 937-222-1515 for a free consultation to see how we can help you.Read More
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Menacing by stalking in Ohio can be a serious charge that can change your life. If the State charges you under Ohio stalking laws, you may not know what to do. However, know that there are ways to defend yourself against such a charge. Contact an experienced Ohio criminal defense attorney today to discuss your case and see what steps you can take. Overview of Ohio Stalking Laws Under Ohio Revised Code § 2903.211, no person may knowingly take any action that would cause another person to believe that the offender will cause physical harm or emotional distress to that person or a member of their family. This will constitute “menacing by stalking” under Ohio law. Take note, however, that the act of menacing by stalking extends beyond physical action or in-person communications. In fact, written and electronic communications used to cause another person to believe they are in danger of physical harm or emotional distress may also constitute stalking. Penalties for Menacing by Stalking in Ohio In general, a violation of Ohio menacing by stalking law will result in a first-degree misdemeanor. This can result in jail time of up to 180 days and a fine of up to $1,000. However, this penalty can be increased in certain situations. For example, penalties will be enhanced if any of the following applies: The accused has a prior conviction for menacing by stalking; The accused made a threat of physical harm to or against the victim; In committing the act of menacing by stalking, the accused trespassed on property where the victim lives, works, or attends school; The victim is a minor; or The accused has a history of violence toward the victim. In any of these situations, a violation will result in a fourth-degree felony charge. Further, a felony in the fourth degree in Ohio is punishable by up to 18 months in prison and up to $5,000 in fines. A felony can be damaging to your rights and reputation moving forward. In fact, a felony conviction can impact your credit or result in loss of the right to vote or hold office. A felony conviction can even result in the revocation of certain professional licenses. Thus, it is imperative that you contact an attorney who can advocate and fight on your behalf. An experienced attorney can work with you to reduce and defend against your charges or have them expunged. Contact Our Team Today If you are facing a criminal charge in or near Dayton, Ohio, for menacing by stalking, act now. Contact our team today to discuss your rights and defenses under the law. The criminal defense attorneys at Gounaris Abboud, LPA, have over 50 years of collective experience providing high-quality legal counsel to our clients. We are ready and willing to take on even the most challenging legal cases in Dayton and throughout Ohio. Contact us online or by phone at 937-222-1515 for a consultation and see what we can do for you.Read More
The Second Amendment to the United States Constitution grants people the right to bear arms. However, this right is not absolute. The State of Ohio reduces this Second Amendment right for convicted felons. If you are a convicted felon, it is imperative to know how Ohio gun laws for felons might impact you. Failure to strictly follow Ohio felon gun laws can lead to severe penalties. Thus, it is crucial that you reach out to an experienced criminal law attorney to discuss your rights under the law. Understanding Ohio Gun Laws for Felons A convicted felon in Ohio who is caught with a gun can face potential fines and even jail time. Further, this can be the case even if the gun is not necessarily working or on your body. Accordingly, it is extremely important to understand the law in this area. Failure to understand the law can lead to additional charges, making matters worse. Ohio Felon Gun Laws: An Overview Under Ohio Revised Code § 2923.13, a person may not “knowingly acquire, have, carry, or use any firearm or dangerous ordnance,” if the person is: A fugitive; Under indictment or convicted of any felony of violence; Under indictment or convicted of illegal possession, use, or sale of drugs; Drug dependent, in danger of drug dependence, or a chronic alcoholic; or Deemed mentally incompetent. Thus, even if you are not a convicted felon, these laws may still apply to you. For the purposes of this section, Ohio law defines a “firearm” as “any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.” Notably, a firearm will also include an unloaded firearm or one that is inoperable but that can “readily be rendered operable.” Additionally, a “dangerous ordnance” includes: Automatic or sawed-off firearms, Zip-guns, Ballistic knives, Any explosive or incendiary devices, Firearm mufflers or suppressors, and Any firearm, ammunition, rocket launcher, mortar, artillery piece, or similar weapon designed and manufactured for military purposes. As you can see, many objects can lead to a violation of Ohio felon gun laws. If you have been charged with possession of a firearm by a convicted felon in Ohio, contact an experienced attorney today to discuss your rights and remedies under the law. Penalties for Violating Ohio Gun Laws for Felons Violating Ohio Revised Code § 2923.12 will result in a third-degree felony charge. A conviction on such a charge can result in a prison term of up to 36 months. In addition to prison time, a violation of Ohio gun laws for felons can result in fines of up to $10,000. Convicted felons can face grave consequences if they are charged with possession of a firearm. However, this does not mean that there is nothing you can do. Depending on your situation, you may have valid defenses that can potentially lead to a reduction or dismissal of your charge. Contact Our Team Today If you have been convicted of a felony in Ohio and are now being charged with possession of a firearm, we want to help. At Gounaris Abboud, LPA, we have extensive experience providing high-quality legal counsel to clients in need. With more than 50 collective years in practice, we know what it takes to successfully defend criminal defendants in the most difficult times of their lives. Contact us today online or by phone at 937-222-1515 to see how we can help you.Read More