The state of Ohio considers aggravated assault a serious offense – in fact, it’s a felony of either the fourth or third degree.
Those convicted of the crime face both fines and mandatory prison sentences. It’s important to understand the charges to help you and a defense lawyer to advocate for your rights.
Our Akron-based team at Hiltner Trial Lawyers offers a wealth of experience defending clients against aggravated assault. Let us help you understand the law behind the charges.
What Is Aggravated Assault in Ohio?
The law recognizes many types of assault, but aggravated assault is considered a felony and can lead to prison sentences and fees. But what exactly is aggravated assault?
Aggravated assault is defined as when the defendant knowingly or purposely caused serious bodily injury to another person.
The specific text of the Ohio law states that no person driven by “sudden passion” or a “sudden fit of rage” should knowingly:
- 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 dangers ordnance.
Ohio Penalties for Aggravated Assault
Aggravated assault is considered a fourth degree felony in the state, unless the victim of the offense is a law enforcement officer, in which case it is considered a third degree felony.
For law enforcement officers convicted of aggravated assault as a third degree felony, they could face nine months to three years in prison and a fine up to $10,000. A law enforcement officer can face additional prison time if they possessed a firearm and used it to facilitate the offense.
Ohio Defenses Against Aggravated Assault
Aggravated assault convictions can seriously impact you and your family. However, all hope isn’t lost if you’re charged with the crime. The help of a skilled and passionate defense attorney can help reduce your sentence or even have your case dismissed.
Potential cases a lawyer can make in an assault case include mistaken identity, defense, lacking offense or intent, or a violation of the defendant’s rights.
Assault and aggravated assault can often result from complicated situations and events. In some cases, the police even arrest and charge the wrong person. Your defense attorney can argue that you are wrongfully accused of assault.
Defense, whether of yourself or someone else, is another case against aggravated assault charges. A knowledgeable defense lawyer can prove you acted in defense of yourself or someone else, which may even lead to the dismissal of your case.
Though the definition of aggravated assault may seem brief, there are several crucial criteria that the offense must prove in order for the accused to be convicted. If the offense can’t prove these criteria, then charges may be reduced or dismissed.
Intent is a key criterion in an aggravated assault case. According to the word “knowingly” in the definition of aggravated assault, the offense must prove that the accused intended to harm the victim. Without proof of intent, a charge can be either reduced or dismissed.
Violation of Rights
Finally, charges can be reduced or dismissed if the police violated the accused party’s rights. Criminal defendants have rights from the moment they are detained through the time of their trial, so if the police violate their rights at any point, then that can affect the charges.
Contact Hiltner Trial Lawyers Today
Being accused of aggravated assault can be serious and frightening. However, the assistance of an experienced defense attorney can change the lives of you and your family for the better.
Don’t hesitate to contact Hiltner Trial Lawyers today. We are ready to stand by your side.