Assault is considered a violent offense, so a conviction can result in imprisonment, job loss, and immigration consequences. If you are facing charges for assault, you need an experienced criminal defense lawyer on your side who can protect your rights. You can schedule a call with a Cincinnati criminal defense lawyer a free case review with The Wieczorek Law Firm by calling us at (513) 317-5987 or completing an online contact form.
Why The Wieczorek Law Firm?
At The Wieczorek Law Firm, assault defense attorney Mark Wieczorek has devoted his practice to helping ordinary people in Cincinnati.
- Attorney Mark Wieczorek is a former prosecutor and has handled thousands of criminal cases in Ohio, including over 150 jury trials.
- We have the ability to provide an aggressive defense to your charges and fight for the best possible outcome.
- We are dedicated to providing personal service at reasonable rates.
We’ve helped thousands of real people protect their lives, livelihoods, and freedom against criminal charges.
Mark was the best lawyer that anybody could ask for! He got my case dismissed and he stood by me the whole time going through my long and frustrating process. He made me feel better and I believed in him from the beginning. Thanks Mark!
Mark Wieczorek helped me immensely. He took care of everything and got my charge reduced, and also helped get me the lowest punishment possible. I could not have hoped for a better outcome. He is confident, intelligent, and uses all resources available to get his clients the best possible outcome. Thank you again Mr. Wieczorek.
What Is Assault in Ohio?
In Ohio, assault is defined as knowingly or recklessly causing or attempting to cause physical harm to another person or unborn child.
Section 2903.13 of the Ohio Revised Code – Assault
(A) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn.
(B) No person shall recklessly cause serious physical harm to another or to another’s unborn
There are several other types of assault charges in Ohio.
Aggravated assault occurs when someone uses deadly force in the heat of passion and knowingly causes serious physical harm to another person or their unborn child or causes or attempts to cause physical harm with the use of a deadly weapon. In most cases,aggravated assault is a fourth-degree felony.
Section 2903.12 | Aggravated assault
(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another or to another’s unborn;
(2) Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.
Felonious assault is knowingly causing serious physical harm to another person or their unborn child or causing or attempting to cause physical harm to another person or their unborn child by using a deadly weapon or dangerous ordnance. Felonious assault charges also covers situations where a person that carries an immunodeficiency syndrome virus – such as HIV – and engages in sexual conduct with some without their knowledge or who is under the age of 18.
Section 2903.11 | Felonious assault.
(A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another’s unborn;
(2) Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance.
(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
(1) Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender
Negligent Assault – defined in Section 2903.14 occurs when someone negligently causes physical harm to another person or unborn child by means of a deadly weapon or dangerous ordnance. Negligent assault is a third-degree misdemeanor.
Section 2903.14 | Negligent assault
(A) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another or to another’s unborn.
Since deadly weapon or dangerous ordnance are broad terms, they are narrowly defined in Section 2923.11 and include firearms, explosive devices, explosive compounds, and any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
Aggravated vehicular assault occurs when someone causes serious physical harm to another person or their unborn child while operating a motor vehicle while driving under the influence of alcohol and drugs or unsafely operating the vehicle.
(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn in any of the following ways:
(1)(a) As the proximate result of operating a vehicle under the influence of alcohol or drugs.
(b) As the proximate result of operation, control, or manipulation of a boat or water vessel under the influence of alcohol or drugs.
(c) As the proximate result of unsafe operation of an aircraft.
(2) In one of the following ways:
(a) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (E) of this section;
(b) Recklessly.
(3) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (E) of this section.
Penalties for Assault
Assault can be charged either as a misdemeanor or felony. Penalties range from up to 180 days in jail to up to 11 years in prison. Additionally, under the Reagan Tokes Law, up to an additional 50% of a stated prison term is added to a sentence for felonies of the second and first degree.
If assault is charged as a first-degree misdemeanor, the potential penalty is up to 180 days in jail. A fine of up to $1,000 can also be charged.
Aggravated assault is charged as either a third-degree or fourth-degree felony. A fourth-degree degree-felony can result in imprisonment of six to 18 months or probation and a fine up to $5,000. A prison term can be mandatory if the victim was pregnant. A third-degree felony is punishable by 9 to 36 months imprisonment and a fine up to $10,000. A mandatory term applies if the victim was pregnant.
Felonious assault can be charged as a first-degree or second-degree felony. A second-degree felony conviction can result in imprisonment of between two and eight years and a fine up to $15,000. The defendant can also face up to five years of post-release control (PRC). A first-degree felony can result in imprisonment of between three and 11 years, in addition to up to five years of PRC. Additionally, under the Reagan Tokes Law, up to an additional 50% of a stated prison term is added to a sentence for felonies of the second and first degree.
Aggravated vehicular assault can be charged as a second or third-degree felony, which imposes the penalties described above. Additionally, under the Reagan Tokes Law, up to an additional 50% of a stated prison term is added to a sentence for felonies of the second and first degree. Consulting with a Cincinnati traffic offenses lawyer can help you build a case in your favor.
Defenses to Assault Charges
There may be various defenses to charges against assault, including:
- Self-defense – If you were acting in self-defense, we may be able to present evidence that you were justified in your actions and were not the aggressor.
- Defense of others – Similar to self-defense, if you were acting in defense of another person or persons, we may argue that your actions prevented injury to others.
- Missing elements of the assault offense –
- False allegations – If there is evidence that there was no assault actually took place, we may argue that the charges or baseless.
- Mistaken identity – If there is evidence that suggests that you were not the person who committed the assault, it may be a case of mistaken identity.
- Lack of required mental state, such as knowingly or recklessly causing harm
- Consent – In some cases, charges may be reduced if the victim consented in the alleged incident or conduct.
- Insufficient Evidence – If there is a lack of solid evidence that suggests that you committed the crime.
- Constitutional rights violation – The police or law enforcement agency violated your rights during the arrest or investigation.
An experienced criminal defense lawyer can request discovery from the prosecution, interview witnesses, and evaluate evidence to determine the most effective defense strategy. We can also negotiate a favorable plea deal or advise you of whether your chances for a favorable outcome may be better at trial.
Charged with Assault? Contact Us for a Free Case Review
If you are facing criminal charges for assault, a Cincinnati assault defense lawyer for a free and confidential case review.