Assault generally involves causing or attempting to cause serious physical harm to another person. In Ohio, it can be charged as a felony or a misdemeanor depending on the severity of the harm and whether the offender used a weapon. State law requires the offender to act knowingly or intentionally, which differs from other states where assault can be based on a reckless or negligent act.
At Ernst & Associates, we have more than 70 years of experience defending against charges for all degrees of criminal assault. Successful prosecution often relies on eyewitness testimony, but our criminal defense attorneys understand this can be unreliable and may be used to exonerate as well as convict. If you have been arrested for assault and are seeking legal advice, contact a Batavia assault lawyer to begin building your defense.
What Qualifies as Assault?
Assault can involve either intentionally causing physical harm or recklessly causing serious harm. It can also include negligent use of a deadly weapon, such as recklessly firing a gun into the air. Under Ohio Revised Code § 2903.11, different categories of assault include:
- Felonious assault: Causing serious physical harm to another or another’s unborn child, attempting to cause physical harm with a deadly weapon, or knowingly having sex with another when infected with HIV
- Aggravated assault: Committing felonious assault when provoked into a sudden passion by an act of the victim
- Simple assault: Knowingly or recklessly causing physical harm to another or another’s unborn child
- Negligent assault: Causing serious physical harm through the negligent use of a deadly weapon
Assault offenses can range from first-degree misdemeanors to second-degree felonies. Offenses automatically become felonies under certain conditions, such as when the victim is a law enforcement officer, teacher, or a functionally impaired individual under the offender’s care. A skilled assault defense attorney in Batavia can help you understand these distinctions and how they may affect the outcome of your case.
How an Attorney Can Defend Against Assault Charges
An assault conviction depends on many factors. If you are charged with assault, your attorney can examine the specific circumstances of your case to help you avoid a serious sentence. Many assault claims hinge on eyewitness testimony and reports from bystanders.
For example, the distinction between felonious and aggravated assault can depend on what happened between the parties before the incident. In cases where the defendant was provoked into a sudden passion or rage, Ohio law reduces the offense from a second-degree felony to a fourth-degree felony. Proving provocation requires demonstrating that a reasonable person would have reacted similarly to the accuser’s actions, which makes locating and questioning witnesses essential.
Working with an experienced assault attorney in Batavia can make the difference between an acquittal, a short prison sentence, or a significantly longer stay. At Ernst & Associates, we can review the details that affect your case and build the strongest defense possible.
Contact a Batavia Assault Attorney to Build Your Defense
While an assault charge is less severe than some violent offenses, it can still carry serious consequences. In some cases, prosecutors may use assault as a lesser included offense during negotiations for more serious crimes. A Batavia assault lawyer can work with prosecutors and the court to pursue the best outcome for your case without being pushed into any hidden deals.
Call our firm today to schedule a free consultation and discuss your case.