Getting charged with aggravated assault is a very stressful experience that can make you feel hopeless or cornered. It may be helpful to know what comes next.
Aggravated assault and its consequences can vary, depending on many factors such as the identity of the victim, the weapon used, or the severity of the injuries. Rest assured Hiltner Trial Lawyers will know exactly what to do and how to prepare you for your case. Read on to learn more about aggravated assault cases in Ohio.
Aggravated assault vs felonious assault in Ohio
To better understand aggravated assault, finding a comparable charge can help point out definitive terms easily and clearly. Felonious assault is very similar, although it has more serious consequences.
A felonious assault is defined by Ohio as the following:
- The defendant knowingly caused serious physical harm to another person or an unborn, or
- The defendant caused or attempted to cause serious harm with a firearm or other deadly weapon (as defined by Ohio code)
Meanwhile, an aggravated assault is defined by Ohio as the following:
- The defendant acted in a fit of rage or sudden passion from provocation by the victim
- The defendant knowingly caused serious physical harm to the person or an unborn
- The defendant caused harm or attempted to cause harm with a deadly weapon or any other dangerous objects or materials (as defined by Ohio code)
The key difference is the state of mind of the defendant. Aggravated assault is lesser because the crime came about through a fit of emotions rather than a premeditated plan.
Ohio’s consequences for aggravated assault
Felonious assault is considered either a first degree or second degree felony, meaning the penalties will be much higher than those of aggravated assault, which is considered either a third degree or fourth degree felony in the state of Ohio.
The penalties for aggravated assault in Ohio change depending on the identity of the victim:
- In most cases, aggravated assault is charged as a fourth degree felony, which can result in up to 18 months in prison and up to a $5,000 fine
- If the victim is a member of law enforcement, jail time can be even higher, and there can even be a mandatory minimum of 3 years in some cases. This is considered a third degree felony.
- If the victim was pregnant, there can also be a mandatory minimum of 3 years.
Despite all these complicated sentencing rules, there are various ways an experienced defense attorney can help protect you from the worst-case scenario.
Factors that may assist your aggravated assault case
At Hiltner Trial Lawyers, the duty of our Ohio criminal defense attorneys is to pour over any details of your case that strengthen your defense or can get the case dismissed altogether.
- Procedural mistakes
- Any indication of violated rights can mean dismissing wrongfully gathered evidence.
- Mistaken Identity
- Depending on the details of your case, it may be plausible that the victim or the police identified the wrong person.
- If you believe you were not the aggressor in your situation and that you had a reasonable belief that you were in danger, you may be able to claim you acted in self-defense
- Missing elements
- The elements of the charge have to be proven beyond a reasonable doubt. If even one doesn’t meet that standard, your case can be dismissed. For example, it could be that the prosecution can’t prove the intention to cause harm was actually there.
Contact Hiltner Trial Lawyers today
An aggravated assault charge can be difficult to face alone, which is why it’s important to have dedicated Ohio defense attorneys in your corner. We’ll use all our experience, resources, and knowledge to make sure you get the best deal possible. You can count on us every step of the way.
If you are accused in Ohio, please contact us and schedule a free consultation. Defending you and your rights is a serious responsibility at Hiltner Trial Lawyers.