There are many types of assault charges in Ohio, each involving someone inflicting intentional harm on another person. Sometimes assault charges are misdemeanors. Other times, they are charged as felonies.
No matter what charge you are facing, the criminal defense attorneys at Hiltner Trial Lawyers can help. At Hiltner Trial Lawyers, we handle assault cases throughout Ohio and know how prosecutors build these cases from the ground up.
In this blog, we are going to look at what exactly assault charges mean in Ohio, as well as the most common defenses to those charges.
What Constitutes Assault Charges in Ohio?
Assault charges in Ohio typically cover a wide range of conduct. The law defines assault as causing or attempting to cause harm to another person or to their unborn child.
Depending on the case specifics, like the severity of the assault and its unique circumstances, charges can range from a simple assault misdemeanor to a felony for aggravated or felonious assault.
The penalties for assault offenses in Ohio vary based on the severity of the crime. Below are the penalties for the four primary types of assault offenses:
- Simple Assault: A first-degree misdemeanor punishable by up to 180 days in jail and fines up to $1,000.
- Aggravated Assault: Typically, a fourth-degree felony carrying a prison sentence of up to 18 months and fines up to $5,000.
- Felonious Assault: A second-degree felony that can result in a prison term of 2 to 8 years and fines up to $15,000.
- Negligent Assault: A third-degree misdemeanor carrying penalties of up to 60 days in jail and fines up to $500.
One detail that catches many people off guard: if the alleged victim is a peace officer, firefighter, or healthcare worker acting in their official capacity, Ohio law elevates the charge by one degree. A charge that would otherwise be a first-degree misdemeanor can become a fourth-degree felony based solely on who the alleged victim is.
Possible Defenses for an Assault Charge in Ohio
There are many ways to challenge an assault charge in Ohio, and the defenses listed below are only the most common. An experienced defense attorney who knows the specifics of your case will be the best source for exploring the right strategy before trial.
Self-Defense – In some cases, it may be possible to argue that you were acting in self-defense. If you had reasonable cause to believe you were in imminent danger and used only the force necessary to protect yourself, this can be a powerful defense. Ohio law does not require a person to retreat before using force in a place they have a legal right to be.
Defense of Others – For this defense, you must show the court that you used physical force to protect someone else from imminent harm and that force was reasonably necessary under the circumstances.
Mistaken Identity – In some cases, the identity of the perpetrator may be in question. Your attorney may argue that you were wrongfully identified as the person who committed the assault, which often involves challenging the reliability of the identification process and the credibility of any eyewitnesses.
If you are unsure which defense applies to your situation, speaking with a criminal defense attorney before your first court appearance can make a significant difference in how your case proceeds.
The Importance of an Ohio Defense Attorney for Beating an Assault Charge
Serious criminal charges are not to be taken lightly. Beyond the penalties, a violent conviction stays on your record and can affect employment, housing, and professional licensing for years.
Working with a criminal defense lawyer to fight your assault charge gives you the best chance at a favorable outcome. Your attorney can explain your charges clearly, help you make informed decisions throughout the process, and represent you in court with a working knowledge of how Ohio prosecutors and judges handle these cases.
Contact Hiltner Trial Lawyers for Your Assault Case in Ohio
Assault charges in Ohio carry real consequences, and the decisions made early in a case often determine its outcome. At Hiltner Trial Lawyers, we represent clients facing assault charges throughout Ohio.
Contact us today to schedule a consultation and discuss the specifics of your case. Call us at 330-475-3164.
FAQs: Assault Charges in Ohio
What is the difference between simple assault and felonious assault in Ohio?
Simple assault is a first-degree misdemeanor involving knowing or attempted physical harm with no aggravating factors, carrying up to 180 days in jail. Felonious assault is a second-degree felony that applies when serious physical harm is caused, or a deadly weapon is used, carrying 2 to 8 years in prison.
Can an assault charge be dropped in Ohio if the other person does not want to press charges?
The decision to prosecute belongs to the state, not the alleged victim. A victim who declines to cooperate can affect the strength of the case, but prosecutors can proceed using other evidence, including police reports, medical records, and witness statements.
Does Ohio have a stand-your-ground law?
Yes. Ohio law does not require a person to retreat before using force if they are in a place they have a legal right to be and reasonably believe force is necessary to protect themselves. Once self-defense is raised, the prosecution must disprove it beyond a reasonable doubt.
Is assault a felony or misdemeanor in Ohio?
It depends on the circumstances. Simple and negligent assault are misdemeanors. Aggravated and felonious assault are felonies. The specific charge depends on the severity of the harm, whether a weapon was involved, and who the alleged victim is.
What should I do if I am charged with assault in Ohio?
Do not speak to law enforcement without an attorney present. Contact a criminal defense lawyer as soon as possible to review the charges, understand your options, and begin building a defense before any court dates.
