An assault case may start with a simple fight or altercation, it can lead to serious legal charges. Serious assault charges can lead to complex legal cases and stiff penalties that negatively impact your life.
If you or a loved one have been charged with assault, it’s critical that you speak with an experienced Cleveland criminal defense attorney. The right attorney will assess your case and determine your best options for your case.
At the Ohio law firm of Taubman Law, our defense team can work with you to reduce or dismiss your assault charges. Our attorneys have the legal skill and expertise to defend you against even the most serious charges. These assault charges include:
Simple and Negligent Assault
Simple assault is defined in Ohio as causing or attempting to cause harm to another person or to an unborn child. This type of assault can be knowing or reckless and s a first-degree misdemeanor, except in certain circumstances. Negligent assault is the use of a firearm or other deadly weapon to cause harm to another person or their unborn child. Violation of this law results in a third-degree misdemeanor.
A person convicted of simple assault, negligent assault, or assault against a member of a protected class will face the following possible penalties:
- First-degree misdemeanor – Up to six months in jail and/or a fine up to $1,000
- Third-degree misdemeanor – Up to 60 days in jail and/or a fine up to $500
- Fifth-degree felony – Six to 12 months in prison and a fine up to $2,500
- Fourth-degree felony – Six to 18 months in prison and a fine up to $,5000, or a mandatory minimum of one year in prison and a fine if the victim is a police officer and suffers serious physical harm
- Third-degree felony – Nine months to three years in prison and a fine up to $10,000
Felonious Assault
A felonious assault charge is applied if a person does one of the following:
- Knowingly cause serious physical harm to another person or an unborn child
- Cause or attempting to cause serious harm with a deadly weapon or a firearm, which is referred to in Ohio as a “dangerous ordnance.”
Ohio also considers it a felony assault if you engage in sex with another person when you are HIV positive if any of the following are true:
- You don’t inform the other person of your HIV status
- The other person lacks the mental capacity to understand the risks involved
- The other person is under 18, unless that person is your spouse.
Felonious assault is a second-degree felony in Ohio. However, it is considered a first-degree felony if the victim is a law enforcement officer.
Aggravated Assault
Like felonious assault, aggravated assault is charged if the offender either causes serious physical harm to a victim or their unborn child, or causes or attempts to cause harm with a dangerous ordinance. However, it is only considered aggravated assault if the offender is in a sudden rage or extreme emotional state while he or she commits the assault and this state was somehow provoked by the victim in question.
Aggravated assault is considered a fourth-degree felony in Ohio, but can be changed to a second-degree felony if the victim is a law enforcement officer.
Contact Us to Defend You against Assault Charges
With more than 45 years of combined experience, our criminal defense attorneys have successfully defended countless clients throughout Ohio facing a wide variety of assault charges. Contact Taubman Law today for a free consultation of your case if you or a loved one are facing assault charges of any kind.