What is the penalty for felonious assault in ohio

Physical altercations involving others could leave you facing criminal assault charges in Ohio. This is a serious matter, as a conviction carries potentially harsh penalties. To protect yourself, you need a strong and immediate legal defense. 

As an experienced Ohio assault charge lawyer, Comunale Law Office provides the trusted legal guidance and professional representation you need in this situation. Find out more about the different types of assault charges in Ohio and potential penalties you could face with each.    

Types of Assault Charges and Penalties in Ohio

Assault is a serious crime. Under the Ohio Revised Code Section 2903.13, it involves knowingly causing or attempting to cause physical harm to another or to another’s unborn child. It can arise in a variety of different situations, and the exact type of assault crime you are charged with will determine the penalties you face. Assault charges are classified as either misdemeanor or felony offenses and generally fall under one of three categories: 

Negligent Assault

Negligent assault is the most minor type of assault charge in Ohio. It involves either taking actions that put others at risk or failing to take precautions that would have prevented injuries. Classified as a third-degree misdemeanor crime, a conviction still carries serious penalties. These include fines of up to $500, up to 60 days in jail, and a five year probation period. 

Simple Assault

As a first degree misdemeanor, simple assault is a more serious criminal offense. As a result, the penalties associated with a conviction are more severe. These include fines up to $1,000 and up to six months in jail, along with five years of probation. 

Felonious Assault

This is the most serious type of assault crime in the Ohio criminal court and involves the use of a potentially deadly weapon. The degree of felony depends on any aggravating circumstances involved. Penalties include: 

• Third degree felony assault: Less severe than other felony charges, penalties include up to three years in prison and fines up to $10,000;
• Second degree felony assault: Penalties include up to eight years in prison and $15,000 in fines;
• First degree felony assault, which involves serious personal injuries or attacks on law enforcement officers, carries fines up to $20,000 and up to an 11-year prison sentence. 

Discuss Your Case With Our Ohio Assault Charge Lawyer

Assault charges carry potentially severe penalties. To protect yourself against fines and a lengthy jail sentence, reach out to Comunale Law Office. Our experienced Ohio assault charge lawyer can review the circumstances surrounding your case and advise you on the best course of action to avoid a conviction. Get the strong legal defense you need. Call or contact our office online and request an initial consultation to discuss your case today.

The most important first step you can take if you’re charged with Ohio Felonious assault is to find an experienced, trusted criminal defense attorney. Felonious Assault charges in Ohio can be extremely complex and are taken very seriously by Ohio courts. Ohio law defines Felonious assault as: knowingly causing or attempting to cause physical harm to another or to another’s unborn; or recklessly causing serious physical harm to another or to another’s unborn. This is known as “simple assault,” and it is the least serious assault charge.

Ohio law does not require that you even try to hurt someone to be charged with assault. Furthermore, you do not have to intend harm or even cause harm in order to face criminal charges of assault. 

Simple assault is a first-degree misdemeanor, with a penalty of up to a 180-day jail sentence and a fine of up to $1,000. If the alleged assault victim is a firefighter, police officer, or emergency medical worker, then the charge becomes a fourth-degree felony, which incurs a 6, 12, or 18 month prison term.  Negligent assault, a third-degree misdemeanor, is a less serious crime. It is punishable by up to 60 days in jail and a fine of up to $500.

Aggravated Assault Charges Ohio

Aggravated assault charges in Ohio are much more serious and charged as a fourth-degree felony that can carry a six-year prison sentence with fines of up to $5,000. Aggravated assault is when a person knowingly commits felonious assault under the influence of sudden passion or in a sudden rage incited by the victim through “serious provocation.”

Felonious Assault Ohio Penalties

The most severe assault charge is felonious assault in Ohio.  Felonious assault Ohio may be charged as either a first- or second-degree felony, depending on the circumstances. This crime may be punished by up to eight years in prison and fines of up to $20,000. Felonious assault Ohio means either knowingly causing serious physical harm to another, or using a deadly weapon to knowingly causing physical harm to another.  

Felonious Assault defenses depend on the specific facts of your particular case.  Common defenses include self-defense, misidentification, accident, or victim consent (especially in the case of negligent assault).  There are a number of “moving parts” to be considered in defending yourself against assault charges. Having an attorney on your side with the experience and skill to defend against these serious charges is very important for your future. A felony conviction is very serious business that may result in you losing your right to vote and a permanent criminal record.

How to Beat a Felonious Assault Charge in Ohio

If you are being charged with Felonious assault in Ohio, you need the representation of a skilled and trusted attorney to help you through this. Felonious assault is a very serious charge and you need the assistance of a trusted law firm. To help make sure your rights are protected and you have the best opportunity for a positive outcome, call The Maher Law Firm today for a free consultation at 614-205-2208 or contact us online.

Felonious Assault (O.R.C. 2903.11) is an extremely serious charge in Ohio.

By charging an individual with Felonious Assault, the prosecution in Cuyahoga County is claiming that you caused serious harm to another person or their unborn child, or that you caused or attempted to cause harm through the use of a deadly weapon.

Felonious Assault can be charged in cases where no one was physically injured at all, such as when a gun was fired at a person, but the bullet missed.

Felonious Assault (Felony Assault) is a Second Degree Felony that can put you in prison for as long as eight years.

The penalties are severe; you'll be fined $20,000 if convicted, so this isn't the kind of charge you want to take lightly.

It's important to find a criminal defense attorney that knows how the felonious assault case against you will be constructed, what evidence will be most significant, and how to effectively counter it.

Punishment Upon Conviction

Causing serious harm to another, or their unborn, or attempting to cause harm with a weapon is a second degree felony that can put you in prison for 2-8 years.

If the victim is a law enforcement officer, the charge is a first degree felony, and conviction carries a maximum sentence of 11 years.

Felonious Assault can also be charged if you are HIV-positive and do not disclose this to a sex partner, or engage in sex with someone who lacks the capacity to grasp the significance of the disclosure.

Here are the specific actions that can lead to being charged with felonious assault:

• Cause serious physical harm to another or to another's unborn;
• Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
• No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
  1. Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
  2. Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
  3. Engage in sexual conduct with a person less than eighteen years of age who is not the spouse of the offender.

In some cases, conviction can lead to a mandatory minimum sentence, which can mean you'll spend years longer in prison before you're eligible for parole.

Get yourself the best criminal defense attorney you can.

What is Assault?

Every assault is different. Some cases involve reacting under duress, others involve a momentary loss of self-control, others involve an accident, and others involve self-defense or acting out of necessity. Most times, assault allegations are based on an injury and the statement of one person only telling one side of the story. Sometimes that story includes false, exaggerated, or inconsistent claims. There are always two sides to a story. Make sure your side is heard by an attorney strong enough to represent your interests.

Defining Assault

Assault is defined as the act of recklessly or knowingly causing or attempting to cause physical harm to another. It can be charged as a misdemeanor or felony depending on the circumstances. Most times it is charged as a 1st degree misdemeanor.

When is assault a felony?

Assault is a felony in Ohio if there is serious physical harm or if a deadly weapon is used. Assault is also considered a felony when it is committed on people such as police officers, medics, or corrections officers.

Potential Assault Penalties

Simply being charged with a misdemeanor or felony assault can result in a high bond, loss of job, or jail time. If convicted, the penalties include imprisonment, fines, probation, court-ordered counseling, and restitution. A conviction is also difficult to get expunged. This means it can have a potential impact on employment, military service, professional licensing, firearm ownership, and securing a place to live.

Types of Assault in Ohio

There are a number of different assault charges in section 2903 of the Ohio Revised Code, including:

• Felonious Assault (F2) - R.C. 2903.11 - knowingly causing serious physical harm; causing or attempting to cause harm with a deadly weapon; engaging in sex with another person when you are HIV positive and they are unaware of or unable to comprehend your status; knowingly causing physical harm to a police officer. The penalties for this offense include up to 8 years in prison, up to $15,000 fine, and up to 5 years probation.
• Aggravated Assault (F3 or F4) - R.C. 2903.12 - knowingly causing serious physical harm; or "while under the influence of sudden passion or in a sudden fit of rage… knowingly causing serious physical harm to another or causing physical harm to another…by means of a deadly weapon."
• Assault (M1) - R.C. 2903.13 - knowingly causing or attempting to cause physical harm or recklessly causing or attempting to cause harm to another person or unborn child. The penalties for this offense include up to 180 days in jail, up to a $1,000 fine, and up to 5 years probation.
• Vehicular Assault (M1) - R.C. 2903.08 - causing serious physical harm to another person while recklessly operating a motor vehicle. This can be charged as aggravated vehicular assault (F3) in a few circumstances, including if defendant has previously been convicted of a violation in this section.
• Negligent Assault (M3) - R.C. 2903.14 - negligently causing physical to another person by means of a deadly weapon or firearm. The penalties for this offense include up to 60 days in jail, up to $500 fine, and up to 5 years probation.

Assault Defenses

Because of the potential impact on your life, it is common to get overwhelmed when charged with assault. This is why it is especially important to understand the importance of a skilled criminal defense attorney in this situation. Makridis Law Firm will request and review each and every detail of your case (including police reports, witness statements, medical records, 911 calls, etc.) and spot each potential weakness / shortcoming. From there, we will craft a strategy aimed at achieving the best possible outcome, whether that means reducing the charge to something less serious or even getting the case dismissed.

The following are examples of defenses that can be used in certain assault cases:

The police violated your rights - You have constitutional rights when searched and seized by the police. If your rights were violated or if the police wrongfully gathered evidence against you, that evidence can be excluded from trial, which, in turn, can lead to a reduction or dismissal of the assault charge.

Mistaken Identity – Many cases of assault are the result of a chaotic event and the police sometimes detain, arrest, and charge the wrong person.

Self-defense or Defense of others – If you acted to protect yourself or someone else from being harmed by another person, then your assault charge could be dismissed.

Intent cannot be proven – If you are charged with intentionally assaulting someone, but it can’t be proven that your actions were not an accident, your assault charge could be reduced or even dismissed.

Lack of an element of the offense - The police and prosecution have to prove each and every element of the offense in order to be convicted at trial. If they are not able to do this at trial, you cannot be found guilty.

Most people do not expect to ever be charged with assault. If you find yourself in that situation, you need to hire an experienced criminal defense attorney who can protect your rights. We at Makridis Law Firm will make sure you are treated fairly and not wrongly accused or punished. We will review the evidence, investigate, explore all defenses, and negotiate a fair resolution to your case. Contact us today at (330) 394-1587