Assault charges are very serious, as they could result in a prison sentence, heavy fines, probation, community service, and other punishments that could debilitate your future.
By contacting an aggravated assault lawyer, you can take the most important step in ensuring a positive outcome.
Arrested for aggravated assault? Call 937-222-1515.
What Constitutes Assault in Ohio?
In Ohio, there are multiple levels of assault. Assault does not require an actual attack or injury to take place. Credible threats also fit the definition of an assault under Ohio law. Ohio separates assault into four categories:
- Assault,
- Felonious assault,
- Aggravated assault, and
- Negligent assault.
Each of these involves proof of different elements.
Simple Assault in Ohio
A person commits assault when he or she recklessly causes a serious physical injury to another person OR when he or she knowingly causes or attempts to cause physical harm to another or another’s unborn child.
Ohio law categorizes simple assault as a first-degree misdemeanor unless the victim was one of the following:
- A functionally impaired person assaulted by their caregiver;
- A staff member, volunteer, or visitor of a correctional facility assaulted by an incarcerated person;
- A school teacher or employee while they are working;
- A law enforcement official, firefighter, EMT, hospital worker, or healthcare provider while discharging their duties;
- A public child services agency worker while they are working; or
- A judge, prosecutor, or courthouse employee while they are working.
The situation applicable to your case determines what level of felony applies.
Simple assault carries a maximum penalty of 180 days in jail, a $1,000 fine, and five years of probation.
Felonious Assault in Ohio
Ohio law defines felonious assault as knowingly causing serious harm or causing or attempting to cause serious harm to another or another’s unborn child by means of a deadly weapon.
Additionally, this statute prohibits engaging in sexual intercourse with another person if you are HIV positive and your sexual partner is unaware of or unable to comprehend your status as HIV positive. Causing physical harm to a police officer is also considered felonious assault.
Felonious assault carries a maximum penalty of up to eight years in prison, a $15,000 fine, and five years of probation.
Aggravated Assault in Ohio
Ohio law defines aggravated assault as a felonious assault that is committed while under the influence of sudden passion or rage brought on by serious provocation. But what qualifies as serious provocation?
The provocation must be one that would rouse a reasonable person to the heat of passion. Additionally, a defendant must show that he or she was actually provoked by the victim’s actions.
In determining whether serious provocation exists, Ohio courts look at the defendant’s subjective state of mind, not at the objective standard of whether a reasonable person would be seriously provoked.
Aggravated assault convictions carry a maximum of six years in prison, a $5,000 fine, and five years of probation.
Negligent Assault in Ohio
A person commits the crime of negligent assault in Ohio when he or she negligently causes physical harm by means of a deadly weapon. Negligent assault carries a maximum punishment of 60 days in jail, a $500 fine, and five years of probation.
Aggravated Battery vs. Aggravated Assault in Ohio
Intentionally or negligently causing offensive physical contact or bodily harm to another person is defined as battery. Ohio repealed its criminal battery statute several years ago. Thus, you cannot be charged with battery.
Possible Defenses
Defendants assert defenses at trial or to the prosecutor in an attempt to lessen or eliminate charges altogether. Defenses are excuses for why your conduct was justified.
Innocence
Unfortunately, false accusations land many defendants in hot water. Someone might claim you assaulted them even though it never occurred. This can also occur in the case of mistaken identity. If a wrongful accusation led to your assault charge, contact an attorney today to discuss your possible defenses.
Self-Defense
Self-defense can be used to protect yourself when you are facing the threat of being harmed. If you acted to protect yourself, you may be able to avoid liability.
Defense of Others
If you received an assault charge after attempting to defend another person, this defense could get your charges dropped.
Contact us today to discuss any possible defenses that apply to your case.
Why Choose Our Aggravated Assault Lawyers?
At Gounaris Abboud, LPA, our trial-tested attorneys have each been selected for Ohio Super Lawyers®, offering the high-caliber defense that you need and deserve. No case is too complex for us.
Even when you face a felony, aggravated assault charges, we have the insights and proven track record to help you defend your rights and pursue the best possible result to your case.
Our other accomplishments:
- Former prosecutors and a former judge from our team
- The National Trial Lawyers: Top 100 Trial Lawyers
- Perfect 10.0 Superb Avvo Rating for results and reputation
Award-Winning Aggravated Assault Lawyer Serving Dayton, OH
Under Ohio state law, any person can be charged with aggravated assault if he or she knowingly causes serious physical injury, or commits a violent crime against another person or their unborn child with the use of a deadly weapon. Aggravated assault charges automatically mean that you face a fourth-degree felony charge or worse.
Any violent crime conviction leaves a lasting negative mark on your criminal record, which could cause you to lose out on a career and other financial opportunities.
If you take a proactive approach, you stand a better chance of winning your case. Contact or call 937-222-1515 to peak with our experienced aggravated assault defense team at Gounaris Abboud, LPA as soon as possible.