Brown Law Office Criminal Defense

In a recent case that provides guidance for Ohio criminal attorneys, the Supreme Court of Ohio held that the double jeopardy protections in the Fifth Amendment to the U.S. Constitution and the Ohio Constitution prohibit the State from prosecuting a defendant for ethnic intimidation after that defendant has already been convicted of aggravating menacing arising from the same set of facts.  In State v. Mutter, 2017-Ohio-2928, the Court held that aggravated menacing is a lesser including offense of ethnic intimidation, and therefore the two offenses meet the same elements test of Blockburger v. U.S.  Accordingly, the State cannot prosecute an individual for ethnic intimidation after that individual has already been found guilty of aggravated menacing.  A link to the decision can be found here.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2017/2017-Ohio-2928.pdf

Contact the criminal attorneys at the Brown Law Office today for a free consultation at 330-601-0101.  We have the experience, skills, and resources to aggressively defend your criminal case.