Legal Question in Criminal Law in Ohio

What charges can be filed against my son?

My 18 year old stepson moved out a year ago. He was told then by the police that he was forbidden on our property after he had assaulted me. I did not press charges at the time. A few nights ago at 12:30 a.m. I found him trespassing and prowling in our yard. It was city trash pick up week and we threw out big boxes, dressers, mattresses, a desk, etc. I discovered him taking items from this pile and refusing to leave my property or return the items that he had taken. Him and his cousin placed them inside his cousins car. My son forcibly shoved me and my 17 year old daughter many times, made me fear for my safety when he got into my face and told me he wanted me out of his dads life, wanted me dead and couldn't wait to spit on my grave. We know my son is into drug and gang activity. I dialed 911 and the same officer who had told him before not to be on our property escorted him away from my house and told me to file a complaint. I want to know everything my son could be charged with. I fear for my safety and my daughters. Can he be charged with: assault, battery, larceny, robbery, trespassing, menacing threats, disorderly malicious conduct? The police in this area are not aggressive and my son thinks he is above any law. Thank you!


Asked on 4/07/04, 3:37 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: What charges can be filed against my son?

This response assumes that all of the statements in your question can be proven beyond a reasonable doubt. Under Ohio law, your stepson could be charged with tresspass because he entered onto your property without authority after he had been expressly told that he was not welcome. He could also be charged with domestic violence because he lived in the household with you and shoved you. If your daughter also lived with him in the household, he could be charged with domestic violence for shoving her. In any case, he can be charged with assault as to each of you for an unlawful touching (the shove). Menacing threats could also be charged if the words your stepson used were such that a reasonable person would feel threatened.

As a general rule, trash is considered abandoned property and it is not a theft offense to take trash. The individual facts of your case may suggest a different result, it is difficult to say based on your question. "Battery" is a common-law offense now covered by the assault statute, so it could not be charged in Ohio. I do not see the elements of robbery under any reasonable interpretation of the facts presented in your question. It might be possible to claim a burglary (unlawful tresspass to commit a misdemeanor) but I would think it highly unlikely that such a charge would be brought.

Many police agencies have a "victim assistance" officer or employee who will work with you to help you understand the law and your rights. I would recommend that you contact the local police or sheriff and speak with that person.

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Answered on 4/07/04, 5:29 pm


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