If you have recently been arrested on an assault charge in Ohio, you are probably feeling quite worried about your future right now. After all, the penalties for crimes of this nature can be quite severe. Our Suhre & Associates DUI and Criminal Defense Lawyers, assault lawyer in Cincinnati, OH, can help you do just that. Contact us today at (513) 333-0014.
Of course, you cannot face any of these punishments unless the prosecutor can successfully convict you of your crime. As such, you would be wise to make it as difficult as possible for them to accomplish their goal.
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How Our Experienced Cincinnati Attorneys Can Help You Fight Back Against Your Assault Charge
The criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, believe that all Ohioans who are accused of a crime should receive a vigorous defense. When you call us for help to fight back against your assault charge, we will:
Protect Your Constitutional Rights
As a resident or citizen of the United States, you are afforded certain rights by the Constitution. When arresting and prosecuting you for assault, the state of Ohio and its representatives must not infringe upon those rights. Unfortunately, in an effort to improve their odds of landing a conviction, they sometimes do.
Fortunately, our attorneys are experts at spotting rights violations as and when they happen. If an overzealous officer or prosecutor tries to step over the line during your case, we will intervene immediately and raise the matter with the presiding judge, if necessary.
Devise an Effective Defense Strategy
Without question, one of the best ways to prevent your assault charge from becoming an assault conviction is with the assistance of an effective defense strategy.
Having practiced law in the state of Ohio for many years, the attorneys here at Suhre & Associates DUI and Criminal Defense Lawyers, have seen and used a wide variety of defenses against assault charges. When you hire us to help you with your case, we will immediately get to work putting together a strategy that we believe will work for you.
Negotiate with the Prosecutor
Your assault case may not go to court. Instead, it may be possible to resolve it by negotiating a plea bargain agreement with the prosecuting attorney.
Of course, if you want to ensure that the terms of such a deal are fair, you will need an experienced lawyer on your side throughout the process. Fortunately, our team has been dealing with Ohio prosecutors for years. When you work with us, we will use all of our experience to try to land you a favorable deal.
If you would like to have a Suhre & Associates DUI and Criminal Defense Lawyers, represent you throughout your assault case, please reach out to us as soon as possible. We would love to arrange an initial consultation at our Cincinnati law office to learn more about the events that led to your arrest.
Understanding the Difference Between Assault and Battery
On television and in the movies, it is not uncommon to hear people use the terms “assault” and “battery” interchangeably. However, they do not mean the same thing. So, what is the difference between the two terms?
Generally speaking, the legal term “assault” refers to any crime in which one person intentionally causes another to fear imminent harmful contact. Meanwhile, the term “battery” refers to an offense in which a person intentionally or negligently causes offensive contact with another individual or causes them to sustain bodily harm.
In the state of Ohio, assault and battery crimes are combined and prosecuted under a singular “assault” umbrella.
The attorneys here at Suhre & Associates DUI and Criminal Defense Lawyers, in Cincinnati, are experts in all areas of Ohio assault law. If you would like us to help you fight back against your assault charge, please do not hesitate to give us a call and schedule a free consultation with a member of our experienced legal team.
Commonly Charged Assault Offenses in Ohio
Police departments and sheriff’s offices throughout Ohio arrest residents of the Buckeye State on assault charges every day. A short sampling of some of the offenses that these individuals are charged with would include:
Simple Assault
Section 2903.13 of the Ohio Revised Code states that an individual may be charged with simple assault if they:
- Knowingly cause or attempt to cause physical harm to another person or an unborn child.
- Recklessly cause serious physical harm to another person or an unborn child.
In the state of Ohio, simple assault is generally classified as a misdemeanor of the first degree. However, it may be upgraded to a felony if:
- The offense is committed by a prisoner in a state correctional institution against an employee of the institution.
- The victim of the crime is a firefighter, paramedic, or peace officer who is performing their official duties.
- The victim of the crime is a judge, prosecutor, magistrate, or court official who is performing their official duties.
- The victim is a healthcare professional or a hospital employee who is performing their official duties.
Negligent Assault
Section 2903.14 of the Ohio Revised Code explains that a person may be arrested on a negligent assault charge if they:
- Negligently use a deadly weapon to cause physical harm to another individual or an unborn child.
- Negligently use any dangerous ordnance to cause physical harm to another individual or an unborn child.
In the past, the Supreme Court of Ohio has ruled that a gun or firearm does not need to be loaded to be classified as a “deadly weapon.” Thus, an individual who negligently uses an unloaded weapon to harm another person may also be charged with this offense.
Under Ohio law, negligent assault is typically punishable as a misdemeanor of the third degree.
Aggravated Assault
Section 2903.12 of the Ohio Revised Code states than an individual can be arrested and charged with aggravated assault if they, while under the influence of sudden passion or in a sudden fit of rage that was provoked by the victim:
- Cause serious physical harm to another person or an unborn child.
- Cause or attempt to cause physical harm to another person or an unborn child using a deadly weapon or dangerous ordnance.
In most instances, aggravated assault is classified as a felony of the fourth degree by the state of Ohio.
Felonious Assault
Section 2903.11 of the Ohio Revised Code explains that an individual may face a felonious assault charge if they:
- Cause serious physical harm to another person or an unborn child.
- Cause or attempt to cause physical harm to another person or an unborn child using a deadly weapon or dangerous ordnance.
Certain sexual assaults are also punishable under section 2903.11 of the Ohio Revised Code. The statute states that it is unlawful for an individual who has tested positive for a virus that causes acquired immunodeficiency syndrome to knowingly:
- Engage in sexual conduct with another person without informing them about their health status.
- Engage in sexual conduct with a person that lacks the mental capacity to understand the significance of their health status.
- Engage in sexual conduct with another person who is younger than 18 years of age and is not their spouse.
Felonious assault is generally classified as a felony of the second degree in Ohio. However, it may be bumped up to a felony of the first degree if the victim is a peace officer.
Have you been accused of causing harmful or offensive physical contact with another person in the state of Ohio? If so, please reach out to the knowledgeable attorneys here at Suhre & Associates DUI and Criminal Defense Lawyers, in Cincinnati as soon as possible. We would love to help you fight back against your criminal charges.
Punishments for Ohio Assault Convictions
In Ohio, the criminal penalties doled out for assault vary significantly from one case to the next. However, all offenders are punished in accordance with the following sentencing guidelines:
- Third-Degree Misdemeanors: Up to 60 days in jail and/or a fine of up to $500.
- Second-Degree Misdemeanors: Up to 90 days in jail and/or a fine of up to $750.
- First-Degree Misdemeanors: Up to 180 days in jail and/or a fine of up to $1,000.
- Fifth-Degree Felonies: Up to 12 months in prison and/or a fine of up to $2,500.
- Fourth-Degree Felonies: Up to 18 months in prison and/or a fine of up to $5,000.
- Third-Degree Felonies: Up to 5 years in prison and/or a fine of up to $10,000.
- Second-Degree Felonies: Up to 8 years in prison and/or a fine of up to $15,000.
- First-Degree Felonies: Up to 10 years in prison and/or a fine of up to $20,000.
Are you worried about the punishments you may face if your assault charge becomes an assault conviction? Then please contact the Suhre & Associates DUI and Criminal Defense Lawyers, legal team today. Our skilled Ohio lawyers are always ready to vigorously defend you against the state’s accusations.
Contact an Experienced Cincinnati Assault Defense Lawyer Today
The attorneys here at Suhre & Associates DUI and Criminal Defense Lawyers have been helping the people of Cincinnati fight back against their assault charges for years. When you need us, we will be there for you as well. To get started, just give us a call or contact us online to set up a free consultation with a member of our skilled legal team.
