If you have recently been arrested and charged with a violent crime, the penalties you face could be severe. Felonious assault under Ohio Revised Code § 2903.11 carries harsh consequences if you are ultimately convicted. Fortunately, working with a strategic criminal defense attorney from The Wieczorek Law Firm can help you build the strongest defense possible and clear the name of the charges against you.
To secure a conviction, the prosecutor must prove your guilt beyond a reasonable doubt. However, it may feel as though you need to prove your innocence to obtain an acquittal. Contact a Cincinnati assault defense attorney at our firm today for a confidential consultation to gain insight into the severity of the charges against you and discuss potential defense strategies that could be used to help you get back to your life.
What is Felonious Assault ORC § 2903.11?
Felonious assault under ORC § 2903.11 is also commonly known as assault with a deadly weapon. You can be charged with felonious assault if:
- You attempt to cause or knowingly cause serious physical harm to another
- You attempt to cause or cause serious physical harm to another with the use of a deadly weapon
- You engage in sexual conduct with someone else without disclosing your acquired immunodeficiency syndrome diagnosis
Defining Serious Physical Harm
The prosecutor must prove that you attempted to cause or caused serious physical harm to obtain a conviction. Physical harm is defined as any injury that:
- Carries significant risk of death
- Involves significant, severe, and ongoing pain
- Requires ongoing psychiatric treatment or mental health counseling
- This leads to severe scarring or permanent disfigurement
- Involves temporary or permanent incapacitation
What is a Deadly Weapon?
According to Ohio Revised Code § 2923.11, a deadly weapon is defined as any instrument that can be used as a weapon and cause death. Not only does the law include obvious weapons such as knives or firearms, but other instruments have also been declared deadly weapons, including motor vehicles and baseball bats, for example.
Penalties Associated With a Felonious Assault Conviction
Felonious assault is typically considered a second-degree felony. If convicted, you could face fines not exceeding $15,000 and as much as eight years in an Ohio state prison. Felonious assault cannot be expunged from your criminal record, according to the Ohio Criminal Sentencing Commission.
Turn to an Aggressive Criminal Defense Lawyer to Challenge Your Felonious Assault ORC § 2903.11 Charges
When you are facing felonious assault charges under ORC § 2903.11, it is critical to present the strongest defense strategy possible based on the evidence at hand. In some cases, working out a plea agreement with the district attorney may be in your best interests. However, if the prosecutor is unwilling to plead you down to a lesser offense or drop the charges entirely, we need to be ready to defend you before the judge and jury.
Trust in a knowledgeable criminal defense lawyer from The Wieczorek Law Firm to help you secure a favorable outcome. Although you should be presumed innocent until proven guilty, we must go into your defense with powerful supporting evidence. Contact our legal team to schedule a confidential consultation today by phone or through our secured contact form.