Aggravated Assault Lawyer in Columbus

If you have been charged with aggravated assault in Columbus, you need experienced legal representation to safeguard your freedom and future. An aggravated assault charge comes with significant penalties, including jail time, exorbitant fines, and a permanent criminal record. A conviction will show up on any background checks, making it challenging to rent an apartment, find a well-paying job, or see your children.

At The Law Offices of Saia, Marrocco & Jensen Inc., we understand exactly what is at stake. Our Columbus aggravated assault attorneys believe that one transgression should not define your future. If you or a loved one is facing aggravated assault charges, contact our legal team.

What is Aggravated Assault?

Aggravated assault is defined as any of the following:

• Knowingly causing serious bodily harm to another person or their unborn child, combined with serious provocation.
• Knowingly causing or attempting to cause serious bodily harm to another person or their child with the use of a deadly weapon or dangerous ordnance.
• The act is performed due to being strongly provoked by the victim, which leads the offender to be under a sudden fit of passion or sudden fit of rage.

Under Ohio law, aggravated assault is generally a fourth-degree felony, punishable by six to eighteen months in prison and a maximum $5,000 fine. If the victim is a police officer or investigator with the Criminal Bureau of Identification and Investigation (CBI), then the charge will be enhanced to a third-degree felony. This can be punishable by up to five years in prison and a $10,000 fine.

Defining “Knowingly” in Ohio Criminal Law

Criminal statutes are based on certain states of mind, which differ between jurisdictions. Known as “mens rea” in the law, the prosecution must prove your state of mind beyond a reasonable doubt (as well as the other elements of the crime) to secure a conviction. In Ohio, aggravated assault requires a “knowing” state of mind. This entails the defendant being aware that their actions will likely cause a certain result. This differs from purposeful actions, which are performed with the intent of causing a specific result.

Potential Defenses to Aggravated Assault Charges

An aggravated assault charge may be combated through a legal or factual defense. Legal defenses are more common, which admit that although you did commit the actions, there is a legal reason that your behavior was justified. Common legal defenses against aggravated assault charges include self-defense or mutual combat. Self-defense is the most common, with Ohio’s Stand Your Ground Law permitting individuals to defend themselves when they fear bodily harm (with no duty to retreat). A legal defense does not negate criminal liability, but it can mitigate it.

A factual defense challenges the allegations themselves, stating that you did not commit the crime. Effective factual defenses can eliminate your criminal liability. An example is mistaken identity, such as an eyewitness stating that they saw you punch another person in a bar fight, but you were not even in the establishment at the time. If you can provide evidence that you were elsewhere at the time of the assault (alibi defense), this could absolve you of guilt. Lastly, a mistake of fact occurs when you did not have the intent to commit a particular crime because you did not understand the facts. In an aggravated assault case, a mistake of fact could occur if you believe that the victim was reaching for a gun when they were simply trying to get their wallet out of their pocket.

How Does an Aggravated Assault Conviction Impact My Life?

Many people assume that once they serve time, their punishment will be over. Unfortunately, this is far from the truth, with an aggravated assault conviction staying on your record permanently. The collateral consequences can be devastating, impacting a person’s ability to rent a suitable apartment, obtain custody and/or visitation rights, or own a firearm. You may even have trouble making a living, with employers being less inclined to hire former convicts. While our Columbus aggravated assault attorneys believe that this is a grave injustice, we are aware that sometimes a felony conviction is unavoidable. That is why our legal team is adamant about representing individuals post-conviction, helping to reintegrate them into society.

Contact Our Columbus Aggravated Assault Lawyers

Being under investigation for aggravated assault can make even the strongest person uneasy. Although the charges may not add up, you need experienced representation to help you secure a favorable outcome. Thankfully, our Columbus aggravated assault attorneys will gather evidence to place doubt in each of the jurors’ minds. To arrange your initial consultation, contact The Law Offices of Saia, Marrocco & Jensen online or by calling (614) 444-3036.