If you’ve been accused of menacing or aggravated menacing, you might be going through a roller coaster of emotions. Frequently, emotions could include dread, humiliation, and shame. Since most of them have never experienced anything like it in the past, each person in this circumstance reacts differently and needs assistance.
A considerable number of cases of menacing and aggravated menacing are the consequence of unsatisfactory treatment and dysfunctional relationships, and some involve false charges. Everyone wants the tension associated with being suspected of committing a “violent crime” to end. A competent attorney who can defend you for menacing and aggravated menacing in Ohio may be of assistance to you if you find yourself in a position similar to this one.
What is Aggravated Menacing?
The term “aggravated menacing” refers to both the offense defined under current R.C. 2903.21 (which is not included in the bill) and any ordinance substantially comparable to that section passed by a municipal corporation. A person is not allowed to intentionally lead another person to fear that an offender will seriously hurt them or their property, their unborn child, or a member of their immediate family under R.C. 2903.21.
Charges In Ohio For Various Forms Of Menacing And Aggravated Menacing
Depending on the kind of harm allegedly threatened, making threats in Ohio can lead to charges of either menacing or aggravated menacing.
- Menacing: The prosecution must show that you intentionally led someone else to believe that you would physically harm them, their property, an unborn child, or close family members.
- Aggravated Menacing: The prosecution must show that you intentionally led someone else to fear that you would seriously hurt them physically or damage their property, person, unborn child, or close family members.
Ohio Aggravated Menacing and Menacing Charges: Penalties and Sentences
- Menacing: This offense is often classified as a fourth-degree misdemeanor. Menacing carries a potential sentence of thirty days in jail, a maximum fine of $250, and a maximum probationary period of five years (also known as community control).
- Aggravated Menacing: A first-degree misdemeanor is often assigned to this offense. A maximum jail sentence of 180 days, a maximum fine of $1000, and a maximum probationary period of five years (community control) are all possible punishments for aggravated menacing.
The crime level and associated punishments are increased if the alleged victim is an officer or employee of a public children’s services agency and the offense is related to the performance of that person’s official duties. A domestic violence charge may be filed in addition to a menacing or aggravated menacing charge if the accused victim is a household member or family member. Menacing and aggravated menacing are both considered “offenses of violence” under Ohio law.
Some Common Defenses
A charge of menacing may be defended in several ways. Among the most typical are:
- Your actions or words weren’t threatening.
- There wasn’t an immediate threat.
- The danger was overly ambiguous.
- The claimed victim’s anxiety was unfounded,
- The victim wasn’t genuinely afraid,
- You either had no intention of posing a threat or were unaware that you were,
- You were defending yourself, and
- False allegations are being made by the purported victim.
Defenses Based on Your Behavior
The suitability of the purportedly threatening word or behavior is also a factor in many defenses. The threats must be detailed for them to qualify as crimes. In general, a threat is insufficient if it is ambiguous or unclear.
Additionally, the threats must warn of impending danger. Seldom is a threat of damage that will occur in the future or that is dependent on another event occurring sufficiently.
You might be able to defend your threat by saying that it was made in self-defense if the person you were threatening was acting aggressively against you.
You may also contend that you were unaware of the threat that your actions posed. This is a particularly potent defense in states where charges of menacing require deliberate behavior.
Defenses Based on the Behavior of the Victim
A portion of these defenses centers on the purported victim. The victim had to be genuinely afraid, and the fear had to be justified. It would not be considered menacing if the supposed victim had not felt terrified when a normal person would have.
On the other hand, it is not menacing if the claimed victim was afraid, yet a normal person in their situation would not have found the threats terrifying.
The fact that they are making false accusations is another defense against a menacing charge that centers on the victim. Domestic violence cases are often the source of menacing allegations. An effective defense may be to demonstrate that the alleged victim is accusing with knowledge that it is unfounded.
Examples of Aggravated Menacing in a Sentence
If certain requirements are met, and the offender has been found guilty of or entered into a plea deal for aggravated menacing against a public children’s services agency or private child placement agency official in the past, then the offense is classified as a fourth-degree felony.
2010 saw domestic violence, and 2011 saw increased threats. The court’s order stipulates that you will serve a year in the Ohio State Penitentiary and pay court expenses.
Thus, one of the two components of the charges of racial intimidation against the Mutters is aggravated menacing.
FAQs
In Ohio, what is aggravated menacing?
Aggravated Menacing: The prosecution must show that you intentionally led someone else to fear that you will seriously hurt them physically or damage their property, person, unborn child, or close family members.
In charge, what does menacing mean?
The use of threats or other actions to instill dread of impending danger in another person is usually considered menacing. Nonetheless, the criteria for the offense vary widely throughout states. Some just ask that you behave knowingly, while others demand that you act with intent. Certain ones make using a weapon more punishable.
What is the act of menacing?
(1) When someone purposefully tries to instill fear in another person about impending, serious physical harm, that person has committed the crime of threatening.
Does Ohio criminalize menacing?
Menacing is a fourth-degree misdemeanor, unless this section specifies otherwise.
Conclusion
This section prohibits knowingly causing another person to believe an offender will cause serious physical harm to their person, property, unborn child, or immediate family. The belief may be based on words or conduct directed at a corporation, association, or organization that employs the other person. Violation of this section results in aggravated menacing, a first-degree misdemeanor. If the victim is an officer or employee of a public or private child-placing agency, aggravated menacing is a felony. If the offender has a prior offense of violence, it is a felony.
CHAPTER 131. 04: OFFENSES RELATING TO PERSONS
