Assault cases come in different forms. While some cases involve acting out of necessity, such as self-defense, others occur due to loss of self-control or reacting under duress. To be charged with assault, you must intentionally cause or attempt to cause physical harm to another person. The penalties for assault can range from fines and probation to prison time.
When defending against assault in Ohio, you may be able to raise a defense, such as lack of intent, necessity, self-defense, or defense of others. By working with an assault defense lawyer, you can increase your chances of getting your assault charges reduced or dropped.
What are Ohio Assault Laws?
According to Ohio assault laws, it is illegal to use physical force against another person intentionally. There are different types of assault charges in Ohio, as outlined under section 2903 of the state’s Revised Code. These are:
- Negligent Assault: Negligent assault describes a situation where a person negligently causes harm to another individual. It typically occurs when a person fails to act in a way that a reasonable person would act in a similar situation resulting in harm to another.
- Assault: As defined in section 2903.13 of the Ohio Revised Code, assault is a crime that involves the threat or use of physical force to harm another person. This can include pushing, hitting, or any other physical contact to cause harm.
- Aggravated Assault: Aggravated assault is a criminal charge that involves causing physical harm to another with a deadly weapon. Aggravated assault is deemed a more severe offense than regular assault.
- Felony Assault: Felony assault occurs when an individual causes serious physical harm, such as the risk of death, permanent disfigurement, or loss or impairment of a body part or organ, using a deadly weapon.
What are the Penalties for Assault in Ohio
Penalties for assault in Ohio vary based on the severity and circumstances of the offense.
- Negligent Assault: punishable by a maximum $500 fine, up to 60 days in prison, and a maximum of five years in probation.
- Assault: punishable by a maximum of 180 days in jail, a maximum fine of $1,000, and up to five years of probation.
- Aggravated Assault: typically considered a fourth-degree felony with a maximum prison sentence of up to 18 months and a maximum fine of $5,000. These penalties can increase depending on things such as using a firearm or causing serious physical harm.
- Felony Assault: includes a maximum of eight years in prison, up to five years probation, and a maximum of a $15,000 fine.
What Are Common Defenses to Assault in Ohio?
- You acted in self-defense
- You acted out of necessity
- No intent to cause harm
- You had consented to act
- You acted to protect others
Contact our Ohio Assault Defense Lawyers Today
If you need a Cleveland assault defense lawyer, you can turn to our team at AJLJ. Contact us online or call (216) 736-8551 to schedule a consultation with our attorneys to get started.