Facing assault charges can be stressful. Understanding the legal nuances and knowing your rights during this time is critically important.
With over 50 years of combined experience, the attorneys at Gounaris Abboud, LPA, know how to defend individuals against assault allegations, offering trustworthy guidance and steadfast advocacy.
We offer:
Unmatched legal knowledge
Free consultations
24/7 availability
Reach out today to push back against your recent assault charges.
In Ohio, assault is legally defined as intentionally or recklessly causing or attempting to cause physical harm to another person. This can include threats or actions that reasonably put another person in fear of imminent harm.
Understanding the specifics of assault charges under Ohio law is crucial when facing such allegations. Our experienced attorneys can provide clarity and guidance tailored to your specific situation.
Are you facing assault chargesin Dayton, OH?
Contact Gounaris Abboud, LPA today to schedule a free consultation with our assault charges attorney!
Ohio law recognizes several different categories of assault, each carrying distinct legal ramifications. Gounaris Abboud provides comprehensive guidance and defense strategies tailored to each type of assault charge, ensuring that our clients are equipped to navigate their legal proceedings with confidence.
Simple Assault
Simple assault involves knowingly causing or attempting to cause physical harm to another person or putting them in fear of imminent harm. It’s typically charged as a misdemeanor, but the severity can increase based on factors like the victim’s status or the use of a deadly weapon.
Aggravated Assault
Aggravated assault involves causing physical harm to another person or using or displaying a deadly weapon during the commission of assault. This offense is more serious than simple assault and can result in felony charges with harsher penalties upon conviction.
Felonious Assault
Felonious assault occurs when an individual knowingly causes physical harm to another person or uses a deadly weapon with the intent to cause harm. It’s a felony offense in Ohio and often carries significant penalties, including lengthy prison sentences.
Assault on a Peace Officer
Assaulting a law enforcement officer, firefighter, or emergency medical worker while they’re performing their duties constitutes an assault on a peace officer. This offense carries enhanced penalties due to the elevated risk to public safety and the need to protect those serving the community.
Domestic Violence Assault
Domestic violence assault involves causing or attempting to cause physical harm to any family or household member, including spouses, ex-spouses, dating partners, family members, or co-parents. Ohio law takes domestic violence offenses seriously, providing protections for victims through restraining orders and legal interventions.
Vehicular Assault
Vehicular assault occurs when someone operates a vehicle recklessly and physically harms another person in the process. Vehicular assault, which can encompass driving under the influence (DUI) and reckless driving, frequently results in felony charges and steep penalties.
Accused of Assault? We Can Help!Get a Free Case Review Today!
Protect your rights with dependable legal representation and a strong plan. Contact us today for assistance navigating assault charges in Dayton, Ohio.
What Are the Potential Penalties for Assault Convictions in Dayton?
An assault conviction in Dayton can have serious consequences.
Here’s a breakdown of the potential penalties you might face depending on the charge:
Offense
Degree of Offense
Penalties
Negligent Assault
Third-degree misdemeanor
Up to 60 days in jail and/or a fine of up to $500.
Simple Assault
First-degree misdemeanor
Up to 180 days in jail and/or a fine of up to $1,000.
Assault
Fifth-degree felony
Prison sentence ranging from six months to one year and/or a fine of up to $2,500 if committed against:
An employee of a state correctional facility when the alleged offender is in custody at the facility.
A school teacher or administrator while on school grounds.
Assault
Fourth-degree felony
Prison sentence ranging from six to 18 months and/or a fine of up to $5,000 if committed against:
A peace officer or state investigator.
A functionally impaired person when the alleged offender is the caretaker.
Aggravated Assault
Fourth-degree felony
Prison sentence ranging from six to 18 months and/or a fine of up to $5,000.
Aggravated Assault
Third-degree felony
One to three years in prison and/or a fine of up to $10,000 if committed against a peace officer or state investigator.
Felonious Assault
Second-degree felony
Prison sentence ranging from two to eight years and/or a fine of up to $15,000.
Felonious Assault
First-degree felony
Prison sentence ranging from three to 11 years and/or a fine of up to $20,000 if committed against a peace officer or state investigator.
The veteran attorneys at Gounaris Abboud have ample experience defending Dayton clients against assault charges.
What Are Some Possible Defense Strategies Against Assault Charges?
The defense strategies employed against assault charges can vary depending on the circumstances of the case.
However, common strategies include:
Self-Defense
Claiming that the accused acted in self-defense, meaning they reasonably believed their actions were necessary to protect themselves from harm.
Lack of Intent
Arguing that the accused didn’t have the intent to cause harm or that the alleged actions were accidental.
Defense of Others
Showing that the accused was acting to protect another person from harm, which may justify their actions under the law.
Lack of Evidence
Challenging the prosecution’s evidence and arguments to cast doubt on the accusations against the defendant.
Consent
Asserting that the alleged victim consented to the actions in question, particularly in cases involving consensual physical contact.
Alibi
Providing evidence that the accused wasn’t present at the scene of the alleged assault when it occurred.
Mental Incapacity
Arguing that the accused wasn’t mentally competent at the time of the alleged assault due to intoxication, mental illness, etc.
Entrapment
Claiming that the accused was coerced or manipulated into committing the assault by law enforcement or another party.
Police Misconduct
Alleging misconduct by law enforcement officers, such as illegal search or seizure, which could lead to the suppression of evidence.
Plea Bargaining
Negotiating with the prosecution to reach a plea agreement that reduces the charges or penalties in exchange for a guilty plea.
It’s important for those facing assault charges to consult a qualified criminal defense attorney who can assess the details of their case and develop an effective defense strategy.
Are you facing assault chargesin Dayton, OH?
Contact Gounaris Abboud, LPA today to schedule a free consultation with our assault charges attorney!
If you’ve recently been charged with assault, our criminal defense attorneys can provide essential support and representation throughout your legal proceedings. Here’s how we can assist you.
1.
Case Evaluation
We’ll conduct a thorough review of the circumstances surrounding your assault charges, identifying key legal issues and potential defenses. This evaluation will guide the approach we take to managing your case.
2.
Strategic Advocacy
Our attorneys will vigorously advocate on your behalf, challenging the prosecution’s evidence and arguments to weaken their case against you. We’ll work tirelessly to protect your rights and ensure that you receive fair treatment under the law.
3.
Negotiation
If appropriate, we’ll engage in negotiations with the prosecution to pursue reduced charges or alternative sentencing options. Our goal is to achieve the most favorable resolution possible while minimizing the impact on your future.
4.
Courtroom Representation
In the event that your case goes to trial, our skilled litigators can provide forceful representation in the courtroom, presenting compelling arguments and evidence to challenge the prosecution’s arguments and defend your innocence.
Why Choose Gounaris Abboud?
Choosing Gounaris Abboud as your legal team in Dayton offers numerous advantages, including the following.
50+ Years of Experience
With over five decades of combined experience, our firm has an impressive track record of success in handling assault cases. We bring extensive legal knowledge and courtroom experience to every case we take on.
Personalized Approach
We recognize that every case is unique, which is why we take the time to understand your specific circumstances and tailor our approach to meet your individual needs. You can trust that your case will receive the personalized attention it deserves.
Aggressive Advocacy
When you hire Gounaris Abboud, you can expect fierce and tenacious advocacy. We’re committed to protecting your rights and working tirelessly to achieve the best possible results for our clients, whether through negotiation or litigation.
Proven Results
Our case record speaks to our unwavering dedication to achieving positive results. Our legal team has successfully defended countless individuals against assault charges, securing dismissals, reduced charges, and acquittals.
I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.
Patty M.
5
They did absolutely everything possible to help reduce the sentence and charges faced. The fees for their services were worth every cent and superior to any public defendant representation. They both put their hearts into their work and care like nobody else I have ever encountered in the legal system.
Melinda Q.
5
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!
Melinda Q.
5
I thought I was in a no win situation until I met these gentleman. They are smart, aggressive, dedicated, connected and CAN GET THE JOB DONE.
James O.
5
They did absolutely everything possible to help reduce the sentence and charges faced. They both put their heart into their work and care like nobody else.
Karis F.
5
I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my questions.
Melinda Q.
Contact Our Dayton Assault AttorneysToday
Don’t wait to take action in your assault case. Contact Gounaris Abboud today for a confidential consultation with our experienced legal team. Our support and guidance can improve your chances of beating your assault charges and coming out with your reputation and finances intact.
How is assault distinguished from other related offenses like battery or domestic violence in Ohio?
Assault typically refers to the threat of physical harm or an attempt to cause harm to another person. It doesn’t necessarily involve contact. Battery, on the other hand, involves actual physical contact and the intentional infliction of bodily harm or injury upon another person.
Domestic violence, meanwhile, describes various forms of abuse within domestic relationships (physical, emotional, psychological, etc.). While assault or battery may be elements of domestic violence, the term encompasses a broader range of behaviors and often involves intimate partners or family members.
What do I do if I’m arrested or charged with assault in Dayton?
First and foremost, remain calm. It’s essential to stay composed despite the stressful situation.
Then, follow these steps:
Exercise your right to remain silent: Refrain from making any statements to law enforcement until you have legal representation present.
Contact a criminal defense attorney: Seek legal representation from a qualified criminal defense attorney with experience handling assault cases.
Gather information: Document the circumstances surrounding your arrest by collecting witness statements or other evidence that might support your defense.
Follow legal procedures: Adhere to all required legal procedures, such as attending court hearings, and comply with any bail or release conditions the court sets.
Avoid contact with the alleged victim: Don’t attempt to communicate with the alleged victim in any way, as this could potentially harm your defense.
Stay in the know: Keep yourself informed about the progress of your case and follow your attorney’s advice to the letter.
It’s important to remember that just because you’ve been charged with assault, it doesn’t necessarily mean you’ll be convicted. With the aid of a skilled attorney and a clear understanding of your rights and options, you can effectively navigate the legal process and secure a favorable outcome.
Can self-defense be used as a legal defense against assault charges in Dayton?
Self-defense can indeed be employed as a legal defense against assault charges in Dayton, as it can in many jurisdictions.
It typically involves the following elements:
Reasonable belief: The accused must have reasonably believed they were facing an imminent threat of bodily harm or death.
Proportionality: The force used in self-defense cannot exceed what’s reasonably necessary to defend oneself.
Immediacy: The response must have been immediate or imminent in response to the perceived threat.
No duty to retreat: In Ohio, there’s no obligation for an individual to retreat before using force in self-defense as long as they’re lawfully present where the incident occurs.
If the accused can establish that they acted in self-defense based on these principles, they may be acquitted of assault charges or have the charges reduced. It’s essential to consult a knowledgeable Dayton assault lawyer to assess the viability of a self-defense claim in your case.