National Academy of Criminal Defense Attorneys
RUE Ratings - Best Attorneys of America
"Brian Joslyn is an Award-Winning Criminal and DUI Defense attorney who, along with his team at The Joslyn Law Firm, have handled hundreds of criminal cases and helping their clients obtain the best results possible."

Menacing / Stalking

For many people, stalking crimes involve a person lurking and following a victim around to multiple locations. A person can be charged with the offense of menacing or stalking in Ohio, however, through any type of communication or pattern of conduct that causes an alleged victim to fear physical harm.

When an alleged offender is accused of menacing or stalking another individual in the Cincinnati area, prosecutors will attempt to use any history of domestic violence as reasons to impose steep sentences. People accused of a menacing or stalking offenses in Ohio should avoid trying to explain their actions to law enforcement until they have legal representation.

Lawyer for Menacing by Stalking Arrests in Cincinnati, OH

If you have been arrested in the Hamilton County area for an alleged stalking or menacing crime, it is in your best interest to immediately retain legal counsel. Joslyn Law Firm aggressively defends clients in Colerain, Forest Park, Miami, Montgomery, Reading, Springfield, Symmes, Blue Ash, and many surrounding areas in southwest Ohio.

Cincinnati criminal defense attorney Brian Joslyn works tirelessly to achieve the most favorable outcomes for people charged with these offenses. You can have him review your domestic violence case and answer all of your legal questions during a free initial consultation as soon as you call (513) 399-6289 today.


Ohio Menacing and Stalking Information Center


Back to top

Menacing Charges in Hamilton County

Under Ohio Revised Code § 2903.22, an alleged offender can be charged with menacing if he or she knowingly causes another person to believe that the alleged offender will cause physical harm to the alleged victim or property of the alleged victim, the alleged victim's unborn, or a member of the alleged victim's immediate family. A menacing offense is a fourth-degree misdemeanor punishable by up to 30 days in jail and/or a fine of up to $250.

Menacing becomes a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000 if the alleged victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties. If the alleged offender has been previously convicted of or pleaded guilty to a violent offense, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, then menacing becomes a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000.

When an alleged offender knowingly causes another to believe that he or she will cause serious physical harm to the alleged victim or property of the alleged victim, the alleged victim's unborn, or a member of the alleged victim's immediate family, Ohio Revised Code § 2903.21 defines the offense as aggravated menacing. Aggravated menacing is a first-degree misdemeanor, although the crime is classified as a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500when the alleged victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties.

When alleged offenders have been previously convicted of or pleaded guilty to a violent offense, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is also a fourth-degree felony.


Back to top

Menacing by Stalking Penalties in Cincinnati

Ohio Revised Code § 2903.211 defines the offense of menacing by stalking as an alleged offender engaging in a pattern of conduct shall that knowingly causes another person to believe that the alleged offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. A “pattern of conduct” is defined as “two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization.”

The statute includes violations through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, r-computer system, or telecommunication device. Menacing by stalking is generally a first-degree misdemeanor offense, but the crime can be classified as a fourth-degree felony if:

  • The alleged offender has been previously convicted of or pleaded guilty to menacing by stalking or aggravated trespass;
  • In committing the alleged offense, the alleged offender made a threat of physical harm to or against the victim, or as a result of committing the alleged offense, a third person induced by the alleged offender's posted message made a threat of physical harm to or against the victim;
  • In committing the alleged offense, the alleged offender trespassed on the land or premises where the alleged victim lives, is employed, or attends school, or as a result of committing the alleged offense, a third person induced by the alleged offender's posted message trespassed on the land or premises where the alleged victim lives, is employed, or attends school;
  • The alleged victim is a minor;
  • The alleged offender has a history of violence toward the alleged victim or any other person or a history of other violent acts toward the alleged victim or any other person;
  • While committing the alleged offense, the alleged offender had a deadly weapon on or about the alleged offender's person or under the alleged offender's control;
  • At the time of the commission of the offense, the alleged offender was the subject of a protection order, regardless of whether the person to be protected under the order is the alleged victim of the offense or another person;
  • In committing the alleged offense, the alleged offender caused serious physical harm to the premises at which the alleged victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or, as a result of committing the alleged offense, a third person induced by the alleged offender's posted message caused serious physical harm to that premises, that real property, or any personal property on that premises; or
  • Prior to committing the alleged offense, the alleged offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.

Back to top

Ohio Menacing / Stalking Resources

Stalking Resource Center | National Center for Victims of Crime — The National Center for Victims of Crime is a 501(c)(3) not-for-profit organization that partnered with the United States Department of Justice Office on Violence Against Women to create the Stalking Resource Center. The center’s mission is “to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.” On this website, you can learn more about the Stalking Resource Center, how it helps victims, and statistics about stalking.

Facts About Stalking | Safe Horizon — Safe Horizon identifies itself as the largest nonprofit victim services agency in the United States. On this section of the organization’s website, you can learn more about stalking crimes, victims, and statistical outcomes. You can also download Safe Horizon's "Stop the Stalker" Tip Card and Tech Safety Brochure.


Back to top

Joslyn Law Firm | Cincinnati Menacing by Stalking Defense Lawyer

Were you recently arrested in the Hamilton County area for allegedly stalking or menacing another individual? You should not say anything to authorities until you have legal representation.

Brian Joslyn is an experienced criminal defense attorney in Cincinnati who represents clients in Bridgetown, Delhi, Green, Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, and other nearby communities in southwest Ohio. Call (513) 399-6289 or submit an online contact form right now to receive a free, confidential consultation that will let out lawyers provide an honest and thorough evaluation of your case.


Back to top