If you’ve been charged with or even accused of any form of assault, you are likely facing serious jail time – particularly if you’ve been charged with aggravated assault.
At Hiltner Trial Lawyers, our attorneys have successfully defended people charged with assault all over the United States.
There are many types of assault charges in Ohio and the United States, generally, each of which involve someone inflicting intentional harm on another person.
Sometimes, assault charges are misdemeanors. But when the charge is elevated to aggravated assault — a felony, and the most serious level of assault charge — it also requires the most proof of injuries.
Aggravated assault is defined as when the defendant knowingly or purposely caused serious bodily injury to another person.
Aggravated assault may be an assault crime committed with a weapon or with the intent to commit another serious crime (i.e., rape).
A 40-year-old Delaware County, Ohio man was charged with assaulting, raping, and kidnapping his wife in 2005. Max Hiltner was brought in to help try the case by local counsel. This case was originally dismissed, only to be reopened 11 years later in 2016. These charges rested on the word of the alleged victim and local police officers. If convicted, Hiltner’s client could have faced over 30 years in prison. During the four-day trial, Hiltner presented evidence of witness dishonesty and faulty investigation and advocated passionately for his client. This ultimately led the jury to find not guilty verdicts on all felony charges. Out of the 30 years in prison the client was facing, he received zero.
In Canton, Ohio, a hard-working young father was falsely accused by his ex-wife of assaulting her, and he was charged with domestic violence. If convicted, he stood to lose his job, custody over his son, and his reputation. At a jury trial, Hiltner cross-examined the supposedly neutral eyewitness and revealed through phone records that the defendant’s ex-wife had staged the whole incident and planted witnesses in an attempt to gain full custody of their child. After less than five minutes of deliberating, the jury found the client not guilty of all charges.
Under Ohio law, aggravated assault generally means causing serious physical harm or using a deadly weapon while acting under sudden passion or serious provocation. It is often charged when the conduct would otherwise qualify as felonious assault but for mitigating emotional circumstances.
Aggravated assault involves provocation or emotional distress that reduces what might otherwise be charged as felonious assault. The distinction depends on intent, mental state, and the surrounding facts, including whether the accused acted under sudden passion.
Yes. Aggravated assault is typically charged as a felony in Ohio. The degree of the offense and potential penalties depend on the severity of the injuries, whether a weapon was involved, and the defendant’s criminal history.
During a confidential consultation, the attorney will review the allegations, explain the potential charges and penalties, assess possible defenses, and outline next steps. The focus is on protecting your rights and addressing the case early.
Penalties may include prison time, fines, probation, and a permanent felony record. A conviction can also affect firearm rights, employment opportunities, and future housing options.
Yes. Charges may be reduced or dismissed if the evidence does not support the required legal elements, if provocation is disputed, or if constitutional violations occurred during the investigation or arrest.
Yes. Self-defense may apply if the accused reasonably believed they were in imminent danger and used proportionate force. These claims require careful analysis of witness statements, physical evidence, and the circumstances leading up to the incident.
You should contact a criminal defense attorney immediately and avoid speaking with law enforcement without legal counsel. Early legal involvement can help preserve evidence and protect your rights from the outset.
A defense attorney can challenge witness credibility, examine forensic and medical evidence, negotiate with prosecutors, and build a strategy aimed at reducing charges, limiting penalties, or seeking dismissal.
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