Defending Your Rights Against Aggravated Assault Charges in Ohio

Have you been arrested for aggravated assault in Ohio? If so, here’s how you can defend your rights and fight the charges against you.

What Constitutes Aggravated Assault in Ohio?

Under Ohio law, a person commits aggravated assault when they, while under the influence of sudden passion or a sudden fit of rage caused by serious provocation by the victim sufficient to incite the person to use deadly force, knowingly:

• Cause severe physical harm to another person or their unborn child, or
• Cause or attempt to cause physical harm to another person or their unborn child with a deadly weapon or dangerous ordinance

By default, the law grades aggravated assault as a fourth-degree felony offense. However, if the victim is a law enforcement officer or investigator, an aggravated assault offense becomes a third-degree felony.

Potential Penalties for Aggravated Assault

The penalties imposed for an aggravated assault conviction will depend on the grading of the offense and other aggravating factors in the offense. Third- and fourth-degree felony offenses for aggravated assault impose definite terms of:

• Fourth-degree felony: Six, seven, eight, nine, ten, 11, 12, 13, 14, 15, 16, 17, or 18 months, and a potential fine of up to $5,000
• Third-degree felony: 12, 18, 24, 30, 36, 42, 48, 54, or 60 months, and a potential fine of up to $10,000, with a mandatory

Furthermore, the court must impose mandatory minimum terms if an offense involves aggravating circumstances:

• The defendant knew the victim was pregnant.
• The victim was a police officer or law enforcement investigator and suffered severe injuries from the assault.

An aggravated assault conviction can have other long-term consequences for convicted defendants, including:

• Loss of firearm rights
• Potential disqualification from some government benefits
• A criminal record that may make it challenging to pursue employment, housing, financial, or educational opportunities

Defending Against Aggravated Assault Charges

A person charged with aggravated assault may have various defenses to fight the prosecution’s case. Some of the most common defenses to aggravated assault charges include:

• Self-defense: A defendant may argue that they used reasonable and proportional force to protect themselves, others, or their property from imminent injury inflicted by the alleged victim.
• Mistaken identity: Defendants may challenge the reliability of a victim’s or eyewitness’s identification of the defendant as the assailant or argue that police used unlawfully suggestive identification procedures with a victim or witness
• Alibi: A defendant may deny having committed an aggravated assault
• Insufficient evidence: A defendant may assert that the prosecution’s evidence fails to prove that they caused severe injury to a victim or that they injured the victim with a deadly weapon or destructive device.
• Lack of intent: A defendant may claim they did not know their actions would harm the alleged victim.

Contact a Criminal Defense Lawyer Today

You need experienced legal counsel to defend your rights and interests. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with a violent crimes defense attorney in Ohio to learn how our firm will fight to secure a favorable resolution to your aggravated assault charges.