Assault is a serious criminal offense that can impact your life in many ways upon conviction. The good news is, you don’t just have to accept whatever the state throws at you. It is your right to hire a Pickerington assault lawyer for your criminal defense. My job is to help you understand the charges against you and the options for resolving your case.
Open communication is the foundation of my practice. I provide honest assessments of each client’s case, so they can make informed decisions about their defense. Every person deserves legal representation when facing charges that can impact their reputation and freedom. Schedule a free consultation with my office today to discuss your criminal defense case.
State law establishes four different types of assault charges with varying criminal classifications and punishments under Ohio Revised Code § 2901.11 to 29.0314. The specific assault charge that the state files against you will depend on the circumstances, such as the intent, method, and outcome of the altercation. A Pickerington lawyer can help you understand the specific type of assault charge filed against you and what the potential consequences are in the event of conviction.
Felony assault is the most severe of the different assault charges that primarily applies when a person causes serious harm to another person or their unborn child. This charge also applies when causing or attempting to cause any physical harm to another person with a deadly weapon, and in certain sexual offenses. Felony assault is generally a second-degree felony but can elevate to a first-degree felony if the person attacked is a peace officer or criminal investigator.
A step down from felony assault is aggravated assault. This type of assault applies when a person is under a sudden passion or fit of rage after provocation from the victim that could have reasonably triggered their use of deadly force. Aggravated assault is a fourth-degree felony.
All other assault charges under the Ohio Criminal Code are misdemeanor offenses in the first or third degree. A prosecutor may file these charges when a person either knowingly, recklessly, or negligently attempts or causes physical harm to another person. However, these assault charges can become felony offenses depending on the victim. Section 2901.13 enhances assault charges when the victim is a person working in their professional capacity, such as teachers, law enforcement, and health care workers for example.
As a Pickerington lawyer, I can represent your interests and defend against assault charges in several ways. The most important is that the assault happened as a result of self-defense under § 2901.05. The circumstances of an assault case may allow you to claim that the use of force was lawful because it was done for the protection of yourself or others.
The strength of a self-defense claim will depend on the available evidence, including eyewitness testimony, photos, or video recordings. The purpose of this evidence is to establish key points about the self-defense claim, such as who started the altercation, was the use of force was reasonable, and did you have an opportunity to retreat or de-escalate?
Another issue I can address is the appropriate classification of the assault charge against you. A wide range of prison sentences and punishments can apply to an assault conviction but the prosecutor may lack sufficient evidence to establish certain elements of a particular assault charge. For example, felony assault generally requires the use of a deadly weapon or for a victim to suffer serious physical harm.
I have tried enough violent crimes in my years as a lawyer and can identify these gaps in a prosecutor’s case to either reduce or dismiss the assault charges. Securing a judgment is not as easy the state would like you to believe when you are represented by someone with my level of insight.
Criminal allegations are serious and difficult matters, but I am available to untangle the situation you find yourself in. Understand your rights after an arrest and consider all possible defense strategies with the support of a Pickerington assault lawyer. Contact my office today to schedule a free case consultation.