Being charged with assault can lead to serious legal consequences. It is crucial for defendants to understand the different types of assault charges and their potential penalties in Ohio.
This knowledge can help you protect your rights and create a strong defense against conviction.
Simple assault
Simple assault involves knowingly causing or attempting to cause physical harm to another person or recklessly causing serious physical harm. Typically a first-degree misdemeanor, it is punishable by up to 180 days in jail and a fine of up to $1,000.
The intent behind the act and the context of the incident, such as whether it arose during a mutual altercation or a spontaneous reaction, can impact the case.
Felonious assault
This applies when someone knowingly causes serious physical harm to another or their unborn child or uses a deadly weapon during the assault. As a second-degree felony, it carries lengthy prison sentences and penalties of up to $15,000.
Intent to cause harm can further damage your position. Crafting a strong defense may involve challenging the prosecution’s evidence or narrative.
Aggravated assault
Aggravated assault occurs when an offense is committed under sudden passion or rage due to serious provocation by the victim. A felony, it carries a lengthy incarceration term – up to 18 months – and fines approaching $5,000.
The provocation element can be pivotal and may distinguish your situation from more severe charges due to your emotional state at the time. Demonstrating the provocation was sufficient to incite an average person’s rage could be central to the defense.
Don’t take on the legal system alone. Having experienced legal guidance is crucial when facing an assault charge.