Category Archives: Felonies

Ohio Senate cracks down on repeat gun offenders

The penalties and punishments that follow convictions under Ohio law are complicated and frequently changing. The Ohio Senate is focusing its current efforts on changing the sentencing that corresponds to a serious crime, like a felony offense, when a gun is involved. After conducting a study about those individuals who allegedly commit violent crimes, the Senate believes it can significantly reduce violence on the streets by imposing new sentencing guidelines.

Under Ohio's current law, those accused of felony possession of a weapon or other gun-related allegations face anywhere between one to seven years in prison. The proposed law would double this sentence for a first-time offender to a sentence of two to fourteen years. The law would establish mandatory sentencing for repeat offenders. Those individuals with two previous violent felony convictions would face a minimum of 11 years in prison.

The new legislation clearly has significant impacts on the penalties that an alleged repeat violent offender faces. This change is consistent with other areas of the law, which carves out other rules and penalties for those who have prior convictions.

During criminal proceedings, prior convictions can be introduced to undermine the credibility of both witnesses and defendants. A fact-finder may infer that a witness or defendant is not being truthful in light of the prior conviction. Allowing the consideration of such information can clearly affect a case's outcome. Many times, this results in yet another conviction for a defendant who already has prior convictions.

Prior convictions are also relevant at the sentencing stage. Depending on the guiding law, a prior conviction may trigger certain mandatory penalties or it may be an aggravating factor that supports additional consequences.

The Senate's recent actions as well as existing law reveal that prior convictions can have a substantial impact on the penalties that a person can face. Interestingly, prior convictions are not always something that the judge or jury can consider. There are other legal rules that can prevent the introduction of prior convictions. However, the burden is often on the person wanting to exclude such information to appropriately raise these challenges. Therefore, it is essential that defendants accused of felonies utilize an attorney familiar with these challenges their ability to alter a case's final outcome in favor of their client.

Source: The Columbus Dispatch, "Bill targets repeat violent offenders caught with guns," Jim Siegel, April 30, 2013

New felony in the works in Ohio

For those who are not lawyers or not versed in the law, it probably seems like there are an endless list of laws "on the books." Whether or not this is true, Ohio is looking to add another felony offense to the list. It is a legislative response to the ever-evolving technological world.

The new felony offense would relate to theft. Currently, Ohio law provides that stealing items, with a value less than $1,000, is a misdemeanor offense. The legislature is considering a modification to this law. A current bill proposes to carve out a felony exception for the theft of telecommunication devices even if their purchase price is less than $1,000.

Those in favor of the law focus on the invaluable information on such devices as computers, laptops, iPads or cell phones. They argue that, while the purchase price of these devices may only be a few hundred dollars, significant information can be stored on them. The law, as currently written, does not account for this substantial storage of information. In addition to stealing the physical device, an alleged thief may also gain access to and use private information.

A new law that concerns iPads may not seem like it will shake up the criminal justice system, but the change in penalties can have serious consequences. There are significant differences between misdemeanors and felonies, which are serious charges.

Felonies are the most serious class of crimes. Like misdemeanors, they can be punishable by fines. Unlike misdemeanors, they can also be punishable by more than one year in jail. Being charged of or convicted of more than one felony, unlike a misdemeanor, can also have significant effects on an individual. There may be less flexibility in the possible penalties and a greater likelihood of significant prison time.

The likelihood of spending time in jail for stealing an iPad may not seem possible. However, if the Ohio legislature adopts the new telecommunications bill, this and other serious consequences may become more of a reality for those convicted of stealing telecommunications devices, regardless of their value.

Source: NBC 4i, "Bill Would Make Computer, Cell Phone Thefts Felonies," Denise Yost, April 26, 2013.

Police catch two Ohio men in the act of an alleged robbery

When someone is arrested in Ohio, it presents an interesting situation. Under the law, the police are charged with carefully reviewing the situation to determine whether a felony offense is being committed and whether to impede upon individuals' freedoms by placing them under arrest. There are definitely many considerations that go into making an arrest and gathering evidence.

Police needed to weigh such factors when recently investigating a Golden Corral robbery in Union Township. Employees tripped an alarm after two men, who were wearing masks and carrying guns, entered the restaurant. The police responded to the alarm and quickly arrived on the scene. However, they were not exactly sure what was going on since the men were allegedly holding many of the employees in the same room inside. Eventually, the police determined that the situation involved a robbery.

The police decided to establish a perimeter around the restaurant. They claim that the two men tried to escape out of a backdoor with cash. The police caught them outside. The men apparently surrendered without engaging the police, and the officers on the scene arrested them. The men are currently being held in prison on $750,000 bond each.

Many situations may not be as easy for officers to evaluate and end in surrender. And, it is in these more ambiguous situations that individuals have a greater protection under the law. Specifically, the Fourth Amendment protects individuals against unreasonable searches and seizures. This means that the police must have sufficient, clear evidence to proceed with an arrest or search.

There are exceptions to this rule, however. For instance, consider if the two men in this case decided to run from the police after exiting the back door. Under the exigent circumstances exception to the Fourth Amendment, the officers may have had the right to search and arrest the men to prevent harm to the greater public. The police would likely argue that the men were fleeing with weapons and evidence of a crime and posed a significant danger.

Here, it is unlikely that the officers could succeed with such an argument however. As a result, as their case proceeds forward, the men should focus on these and other details to build their defense.

Source: Local 12 WKRC, "Two Arrested at the Golden Corral," April 14, 2013