Being charged with a property-related offense can have severe negative consequences and the consequences of a conviction can be lifelong.
If you have been arrested or suspect you're under investigation for any property-related offense, you need to contact an attorney immediately to get ahead of it.
Defending against a property-related charge:
Even when you think the police have you "red-handed" a property-related charge can be thrown out through the suppression of the evidence. This simply means.. that the police did not do their job correctly and thus any evidence that was illegally obtained is not permitted to be used against you. For example, evidence that is obtained in violation of your Fourth or Fifth Amendment rights.
Evidence that may be thrown out:
1. Illegal police searches of a home or vehicle
2. Illegal police lineups for identification
3. Responses to illegal questioning conducted by the police
Suppression motions are decided prior to trial and must meet specific deadlines and if these deadlines are not met, the issue is considered waived. (35 days after arraignment or 7 days before trial, whichever is earlier.) This means that there is no time to waste.
Property Crimes in Ohio:
AGGRAVATED ROBBERY:
No person, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, shall do any of the following:
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Have a deadly weapon on or about the offender's person or under the offender's control and either display the weapon, brandish it, indicate that the offender possesses it, or use it;
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Have a dangerous ordnance on or about the offender's person or under the offender's control;
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Inflict, or attempt to inflict, serious physical harm on another. Ohio R.C. 2911.01
Aggravated Robbery is a felony of the first degree. This is the most serious of all charges and requires detailed review from a skilled attorney.
ROBBERY:
No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:
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Have a deadly weapon on or about the offender's person or under the offender's control;
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Inflict, attempt to inflict, or threaten to inflict physical harm on another;
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Use or threaten the immediate use of force against another. Ohio R.C. 2911.02
Robbery is a felony of the second degree. This is a very serious charge and requires detailed review from a skilled attorney.
AGGRAVATED BURGLARY:
No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:
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The offender inflicts, or attempts or threatens to inflict physical harm on another;
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The offender has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control. Ohio R.C. 2911.11
Aggravated Burglary is a felony of the first degree. This is the most serious of all charges and requires detailed review from a skilled attorney.
BURGLARY:
No person, by force, stealth, or deception, shall do any of the following:
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Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;
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Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;
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Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense. Ohio R.C. 2911.12.
Burglary is a felony of the second degree. This is a very serious charge and requires detailed review from a skilled attorney.
BREAKING AND ENTERING: No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.
No person shall trespass on the land or premises of another, with purpose to commit a felony. Ohio R.C. 2911.13
Breaking and Entering is a felony of the fifth degree. This is a serious charge and requires detailed review from a skilled attorney.
CRIMINAL TRESPASS: No person, without privilege to do so, shall do any of the following:
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Knowingly enter or remain on the land or premises of another;
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Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
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Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access.
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Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either;
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Knowingly enter or remain on a critical infrastructure facility. Ohio R.C. 2911.21
Criminal trespass is generally a misdemeanor of the first to fourth degree. This is a serious charge and can have serious consequences.
AGGRAVATED TRESPASS:
No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to that person.
No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.
Aggravated trespass is generally a misdemeanor of the first degree. This is a serious charge and can have serious consequences. Ohio R.C. 2911.211
SAFECRACKING:
No person, with purpose to commit an offense, shall knowingly enter, force an entrance into, or tamper with any vault, safe, or strongbox.
Whoever violates this section is guilty of safecracking, a felony of the fourth degree. Ohio R.C. 2911.31.