In Ohio, stalking is referred to as “menacing,” and it is illegal and a punishable offense if convicted. In many cases, individuals are wrongly accused of stalking or may not realize how distressing their actions are to another person. Either way, if you’ve been charged with menacing by stalking, you need an experienced Cleveland stalking lawyer who understands Ohio stalking laws to represent you.
The criminal defense attorneys at Fortress Law Group, LLC, are well-equipped to handle Cleveland stalking cases and have successfully represented many clients. Our arsenal of experience and knowledge is a great toolkit to have if you’re facing these charges. We take every case seriously and apply the most up-to-date trial strategies and case law to every client we take.
If you or a loved one has been charged with stalking, you may not understand exactly what that entails. First, you should take these charges seriously, as they can have residual professional, legal, and social effects on your life. It is important to understand what stalking charges are and what they can mean to your future if convicted.
Stalking charges are filed against an individual when they cause another person fear, emotional distress, or harm. Since the definition of stalking behavior is rather broad under Ohio law, it is imperative that defendants seek professional legal counsel for their case, as the penalties for a conviction include fines, protective orders, and even jail time. Legal representation can help minimize sentencing.
The fear or distress imparted to a stalking victim can be directly or indirectly expressed. Stalking behavior can also be directed toward a group or workplace the victim is associated with. Stalking can come in the form of text messages, voicemails, emails, social media, or any other form of communication. If the exchange causes the victim emotional or psychological discomfort, stalking charges may be valid.
An Ohio stalking report identified that 53.5% of victims of stalking between 2016 and 2023 knew the suspect who stalked them, though they did not consider them to be a friend. During the same time period, 32.5% of victims of stalking reported being stalked by intimate partners. Stalkers often know where their victims work and/or live, so these behaviors commonly occur in places the victim frequents.
Some common behaviors that result in stalking charges in Cleveland include surveillance of or following a victim, communication with a victim that is unwanted and unwarranted via texts, calls, or social media, threatening or intimidating a victim indirectly or directly, or showing up unannounced or uninvited at a victim’s work, home, or other location where they normally wouldn’t otherwise be.
A first-time stalking conviction, called a menacing charge, is a first-degree misdemeanor in most situations. This charge can carry a maximum of 30 days in jail and up to $250 in fines. Aggravated menacing, which is defined as threatening someone or their family or property with serious harm, is also a misdemeanor but can lead to fines of up to $1,000 or up to 180 days of imprisonment.
When a victim of aggravated menacing is a public agency employee, law enforcement officer, or child services agent, charges can be upgraded to a fifth-degree felony, and a conviction can lead to up to 12 months imprisonment and/or up to $2,500 in fines. A second aggravated menacing charge can be elevated to a fourth-degree felony and lead to up to 18 months in jail and fees. In either case, working with an experienced Cleveland felony defense lawyer can significantly improve your chances of reducing charges or minimizing penalties.
This is a general summary of stalking charges and their implications. For a specific analysis of your unique case, you should speak to a qualified Cleveland stalking lawyer at Fortress Law Group, LLC for a more accurate application of the laws regarding your case and situation. If you think you may be a victim of stalking, speaking to law enforcement is ideal.
A: In Cleveland, Ohio, stalking is any unwanted, repeated, and patterned attention, harassment, or contact from an individual you may or may not know. Following, communicating, surveying, tracking, threatening, attempting to control, imparting fear, or any other action toward you that is intimidating or causes you physical or emotional distress is considered stalking and is illegal in Ohio.
A: Only a qualified stalking attorney can advise someone of an appropriate legal strategy for their specific case. In the meantime, anyone accused of stalking should refrain from contacting or talking to the victim or the victim’s family and friends in any way, shape, or form, including online communication. Don’t talk to law enforcement either without the presence of an attorney. Even if you believe evidence will support your innocence, do not share it with anyone other than your attorney.
A: An experienced attorney can use certain legal strategies that can aid in getting stalking charges dropped, such as proving that the defendant was unaware that their behavior was consistent with stalking, finding inaccuracies in the victim’s story, or proving misidentification of the defendant by the victim. Professional legal counsel is an ideal resource for identifying the right strategy for your specific situation.
A: There are many factors that would determine if an individual can file a claim against someone for false accusations of stalking. False allegations can significantly affect the life of the wrongly accused and have devastating consequences on their personal, work, and social livelihood. The only way to affirm if your circumstances warrant a claim against someone for defamation of character due to false accusations is to consult with an attorney.
If you’ve been accused of stalking and are facing menacing charges, you need an experienced and qualified Cleveland stalking lawyer by your side to answer your questions, navigate your case, and receive a potentially optimal outcome. Call Fortress Law Group, LLC today and speak with our legal team about your case and get the answers you deserve.
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