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To be charged with menacing, you must make someone believe that you will physically harm them, their unborn child, their family member(s) or their property.
If they believe you will cause serious physical harm, then you may be charged with aggravated menacing, which carries more severe penalties.
Finally, menacing by stalking is charged when you either repeatedly acted in a way that convinced someone you were going to cause mental distress or physically harm them, or you encouraged someone else to do so through electronic means (the Internet, texting, etc.). These also apply if you had sexual motives.
Nearly every day in central Ohio people are charged with menacing. Depending on the severity of the allegations, possession of criminal tools charges can range from a fourth degree misdemeanor, punishable by up to 30 days in jail to a fourth degree felony punishable by up to 18 months in prison.
If you are convicted of possession of menacing, additional potential issues include:
Simply put, if you are convicted of menacing, it can potentially be on your criminal background for the rest of your life. No matter what the circumstances were in your case, you run the risk of being considered someone who at best bothers and at worst threatens others. Therefore, it is critical that you give your menacing charge the level of importance it deserves.
The Columbus Criminal Defense team takes an aggressive and comprehensive approach when representing clients charged with menacing. First and foremost, we will figure out what mistakes the police or detectives made during their investigation, whether the prosecuting witness is fabricating the charges any other legal issues that can be raised on your behalf.
We do this by requesting discovery from the prosecutor. The discovery will generally consist of police reports, additional investigative notes, witness statements and potentially video or audio. As our client, you will receive a copy of everything received from the prosecutor for your review
Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.
If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.
For nearly ten years, the Columbus Criminal Defense team has successfully represented clients charged with menacing. That extensive previous experience will enable us to better help you.
If you’ve been charged with menacing, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced attorney to fight for you in court, please contact us at 614-500-3836 or via email at firstname.lastname@example.org.
The penalties are as follows:
Otherwise, it is a misdemeanor of the first degree and carries the following penalties: