the Mark Wieczorek is an Aggravated Assault lawyer. Aggravated assault is defined as causing serious physical harm to another person or their unborn child, or threatening to do so with a deadly weapon while in a state of sudden passion or rage.
Aggravated Assault Defense Attorney
Charged as a felony of the fourth degree, aggravated assault is a violent offense. This offense can result in serious prison time and hefty fines, as well as the social consequences of a conviction. Therefore, you need an experienced aggravated assault lawyer on your side who can protect your rights.
Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County , Clermont County, Brown County, Highland County, Clinton County, Scioto County, Greene County, Montgomery County, and Warren County, as well as Southern Ohio.
Overview of Aggravated Assault in Ohio
- Assault vs Aggravated Assault
- Penalties for Aggravated Assault
- Case Law
- Jury Instructions
- Defenses for Aggravated Assault Charges
- Additional Resources
- Hire a Lawyer for Aggravated Assault Charges in Hamilton County, Ohio
The Ohio Revised Code states that:
(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.
Serious physical harm is defined as:
- Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
- Any physical harm that carries a substantial risk of death;
- Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
- Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;
- Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
Deadly Weapon is defined under Sections 2923.11 of the revised state code:
- “Deadly weapon” means 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.
This includes firearms, knives, blunt objects, and any other improvised device that is used as a weapon.
Penalties for Aggravated Assault
Aggravated Assault is a fourth-degree felony, which is punishable by:
- 6 – 18 months in prison and/or
- A fine of up to $5,000
- Probation upon release
If the aggravated assault occurred against a peace officer or an investigator, it is a felony in the third degree, which carries the following penalties:
- 9 months – 36 months in prison and/or
- A fine of up to $10,000
- It is eligible for probation.
Case Law
As a result of State v. Petway, the burden of proof for proving self-defense has shifted from an affirmative defense by the defendant, to a disproval by the State of one or more of the elements of self-defense, defense of another or defense of a residence beyond a reasonable doubt. Prior to the 2020 State v. Petway decision, the defendant was required to prove by a preponderance of evidence that their actions were legal under state defense laws. After the decision, the prosecution must now negate at least one of the elements of defense.
However, the defense must file notice that their case will include self-defense. This means that the jury is not instructed to make any decision regarding defense unless so argued by the defense.
Jury Instructions
In regards to assault, the following must be true, according to the state jury instructions:
The state must prove beyond a reasonable doubt that the defendant, when using nondeadly force, did not act in (self-defense) (defense of his/her residence).
The state must prove beyond a reasonable doubt that:
- the defendant was at fault in creating the situation giving rise to (describe the event in which the use of non-deadly force occurred); or
- the defendant did not have reasonable grounds to believe that he/she was in (imminent) (immediate) danger of bodily harm; or
- the defendant did not have an honest belief, even if mistaken, that he/she was in (imminent) (immediate) danger of bodily harm; or
- the defendant used unreasonable force.
Words As Defense
According to the Ohio state jury instructions, words alone do not justify the use of force. While the US Supreme Court established the definition of “fighting words” under Chaplinsky v. New Hampshire in 1942, many states do not recognize this definition or have since moved away from it.
R.C. 2901.01: Resort to force is not justified by abusive language, verbal threats, or other words, no matter how provocative.
Defenses for Aggravated Assault Charges
There are a few major defenses against aggravated assault charges.
- Refuting the incident entirely – The attorney may dispute the facts of the case by establishing an alibi or refuting accounts that you were present during the altercation.
- Refuting the facts of the incident – This may include refuting that assaulted the other person at all or challenging the cause for action. This could include establishing a valid defense of self-defense.
- Reducing the charges – The defense attorney may enter into plea negotiations with the prosecutor. The defense’s attorney may also attempt to argue that the sustained injuries by the other party were not serious in nature. This may result in a reduction in charges from aggravated assault to simple assault.
Additional Resources
- The Christ Hospital – If you have been assaulted, notify law enforcement right away. In addition, consider visiting a local hospital so medical staff can define your injuries. Always, consult a lawyer before acting.
- CPD Victims Resources – The victim’s resources department provides resources to victims of crimes. Be sure to contact an attorney before reaching out to this department.
Hire a Lawyer for Aggravated Assault Charges in Hamilton County, Ohio
The Wieczorek Law Firm, LLC is an experienced criminal defense firm that provides defense for violent crimes including aggravated assault. Mark Wieczorek is an aggravated assault lawyer who serves clients in Southern Ohio, as well Hamilton, Butler, Warren, Scioto, Clermont, Brown, Adams, Montgomery, Highland and Greene Counties.
Mark Wieczorek can be reached at (513) 317-5987 or online. Your first consultation is always free, so call today to begin your defense.