Being charged with assault can significantly affect your life. Any crime involving violence is serious, and in some cases, a conviction can result in lengthy incarceration. Fortunately, You have the right to challenge these allegations with support from a dedicated criminal defense attorney.
As a Lancaster assault lawyer, I could use my extensive experience to guide you through the legal system and address the charges you are facing. Reach out today to learn how I could help you protect your rights after being charged with this crime. Above all: DO NOT talk to the police without me present at your side.
In general, assault involves knowingly causing or attempting to cause physical harm to another person. The severity of these charges ranges from minor injuries to the use of potentially deadly force. As an experienced attorney of over 25 years, I have successfully defended a broad range of assault charges in Lancaster, OH.
State law outlines a few different types of assault charges. Depending on the facts of your case, prosecutors could charge you with a misdemeanor or a felony. While each of these charges shares some basic elements, there are additional factors that make some more serious than others.
The lowest level of this offense is simple assault, governed by Ohio Revised Code § 2903.13. The statute defines two circumstances under which the state may pursue charges. The first occurs when the state accuses you of knowingly causing or attempting to cause harm to another person or an unborn child. The second involves recklessly causing physical harm to someone else, even when without intent.
The specifics of this offense are governed by OH Rev. Code § 2903.14, which prohibits harming someone using a weapon or dangerous object. Unlike the other categories, negligent assault does not require intent to injure, and a court may find you guilty if you negligently harm someone with a dangerous item.
Aggravated assault is a more serious offense. OH Rev. Code § 2903.12 defines this charge and prohibits causing serious physical injury to another human being during a sudden escalation of emotion or conflict. or when they accuse you of engaging in sex without disclosing your HIV-positive status.
Felonious assault is generally treated as a second-degree felony. This crime, which is governed by OH Rev. Code § 2903.11, is also commonly referred to as assault with a deadly weapon. The state has to prove one of the three following elements to secure a conviction:
As an attorney in Lancaster with extensive trial experience in assault defense, I carefully consider all the facts before determining the best approach for each case. There are multiple defense strategies available, but not every approach is right for a given case. I make sure to analyze the situation and determine the best course of action.
One common defense centers on the lack of evidence presented by the state. Prosecutors must prove your guilt beyond a reasonable doubt, which is a demanding legal standard. In some instances, you may argue that the available evidence does not support a conviction, even if you assume the prosecutors’ evidence is true.
Some defendants claim self-defense in these cases. You have the right to use force that meets the legal definition of assault when acting in response to a reasonable fear of harm. This means even if the elements of assault are met, the court may regard your actions as justified if you acted in response to a credible threat.
During my career as a Lancaster assault lawyer, I have represented numerous individuals in legal proceedings against the state and achieved many successful outcomes. I understand the components of a viable defense strategy in an assault case and intend to apply my experience to support your cause as well. Call my office now to discuss your defense in a confidential consultation.
Client was accused of forcing his way into a house. Ultimately, I was able to demonstrate that the alleged victim was lying in an effort to cover up her illegal activity.
Neighbor called police as a result of hearing arguing. The wife was “pressured” into pursuing charges by the officer, and as a result, the case was dismissed.
