Dayton Felonious Assault/Aggravated Assault

Felonious Assault is defined as assault with a deadly weapon or when the assault causes serious harm. This can lead to you being unfairly charged. For example, if you slightly cut someone with a knife you can be charged with Felonious Assault because there was harm committed with a deadly weapon. But if someone else punches somebody in the face multiple times causing black eyes and bruising, they will only be charged with Assault. 

Charged with Assault in Ohio?
Contact us now at (937) 887-4700 for a free consultation and let us help you defend your rights.

All Assault-related offenses in Ohio are classified as "offenses of violence" and are prosecuted aggressively. Prosecutors always side with the victim and do whatever they can to convict you. Judges will also bring down severe penalties, including jail time, if you are convicted. Having any type of Assault on your record will have negative, long lasting effects on your life. Make sure you have the right attorney to represent you if you’re charged with Assault, Felonious Assault, Aggravated Assault, or Vehicular Assault.

Defenses to Assault Charges in Ohio

If you’ve been charged with assault in Ohio, there are several defenses that could help reduce or eliminate your charges. Understanding these defenses is crucial for building a strong case:

Self-Defense:

• If you used force to protect yourself from harm, it can be a valid defense against an assault charge.
• For this defense to apply, the amount of force you used must be reasonable in relation to the threat you faced.
• This defense is commonly used in situations where someone is attacked, and they respond to prevent further harm.

Defense of Others:

• You can also use force to protect someone else from harm, such as a family member or friend.
• Similar to self-defense, the force used must be reasonable and proportionate to the threat posed to the other person.
• This defense is often invoked when intervening in a situation where someone is being assaulted.

Mistaken Identity:

• Sometimes, individuals are falsely accused of assault due to mistaken identity.
• In cases where you were not the person involved in the altercation, evidence such as alibis, witnesses, or surveillance footage can help prove your innocence.

Lack of Intent:

• In some assault cases, the harm caused may have been unintentional.
• For example, a situation might escalate accidentally, or someone might act in the heat of the moment.
• Showing that there was no intention to harm the victim can serve as a mitigating factor in reducing charges.

Aggravating and Mitigating Factors in Assault Cases

Several factors can impact the severity of an assault charge and its penalties. These are broken down into aggravating and mitigating factors:

Aggravating Factors:

• Use of a Weapon: If a weapon was involved, the charge may be escalated to a more serious offense like felonious assault.
• Severity of Injuries: Serious bodily harm increases the severity of the charge. The more severe the injuries, the harsher the penalties.
• Victim’s Status: If the victim is particularly vulnerable (e.g., elderly, pregnant, or a child), it can result in more severe charges and penalties.

Mitigating Factors:

• Defendant's Criminal History: A clean record may help reduce the penalties or offer a more lenient sentence.
• Context of the Situation: If the defendant was provoked or acted impulsively due to intense emotions, this can potentially lower the charges or sentencing.

Penalties for Felonious and Aggravated Assault

If convicted of felonious or aggravated assault in Ohio, the penalties can vary depending on the circumstances of the case:

Jail Sentences and Fines:

• Felonious assault can carry a prison sentence of 2-8 years, and fines up to $15,000.
• Aggravated assault can also lead to significant jail time, especially if serious injury or a weapon was involved.

Probation and Parole:

• In some cases, a defendant may be granted probation instead of jail time, especially for first-time offenders or if mitigating factors apply.
• Parole may be an option after serving a portion of a sentence, depending on the nature of the crime and the individual’s conduct.

Impact on Criminal Record:

• An assault conviction can remain on your criminal record permanently, affecting your ability to secure employment, housing, or professional licenses.
• It can also have social and personal consequences, such as strained relationships or limited career opportunities.

Understanding these defenses, factors, and penalties can help you navigate an assault case in Ohio more effectively. If you’re facing assault charges, it’s critical to work with an experienced attorney who can help you build a strong defense and minimize the impact on your life.

FAQ: Assault Charges in Ohio

• What is the difference between felonious assault and aggravated assault?
  • Felonious assault typically involves the use of a deadly weapon or causing serious physical harm. It’s classified as a felony and can carry severe penalties.
  • Aggravated assault generally involves an assault where the offender intended to cause serious harm, but it may not involve a deadly weapon. It can also be classified as a felony but may have slightly different sentencing depending on the circumstances.
• Can I be charged with assault if no one was physically injured?
  Yes, you can still be charged with assault even if the victim wasn’t physically injured. In some cases, an assault charge can stem from threatening behavior, or from an attempt to cause harm. It’s important to understand that even verbal threats or gestures may lead to assault charges, depending on the context.
• If I was provoked, can it help my defense?
  Provocation can be a factor in your defense, especially in cases where you acted out of anger or frustration in response to another person’s actions. While provocation won’t always completely excuse the behavior, it can help reduce the severity of the charges or penalties in some cases.
• How can a criminal record affect my future if convicted of assault?
  A criminal conviction for assault can impact many areas of your life. It could affect your ability to get a job, obtain housing, or qualify for loans. Some professional licenses and certifications might also be revoked, and it could affect custody arrangements or immigration status. It’s important to understand the long-term consequences before proceeding with any legal action.
• Can I appeal an assault conviction?
  Yes, you can appeal an assault conviction if you believe there were errors in the trial process, such as improper evidence handling, incorrect legal instructions to the jury, or other issues that might have affected the verdict. An experienced attorney can guide you through the appeals process and help determine if you have a valid case for appeal.
• What should I do if I’m falsely accused of assault?
  If you’ve been falsely accused of assault, it’s important to stay calm and collect evidence to support your innocence. Gather any witness statements, photos, videos, or other evidence that can prove your side of the story. Consulting with an experienced attorney as soon as possible is crucial to ensure your rights are protected and that your defense is as strong as possible.
• What are the steps I should take immediately after being charged with assault?
  • Stay calm and don’t speak to authorities without legal representation. Anything you say can be used against you.
  • Contact an attorney immediately. Legal counsel will help guide you through the process and protect your rights.
  • Document everything related to the incident and gather witness statements or evidence that supports your version of events. 

Facing Felonious or Aggravated Assault Charges?
Contact our experienced team at (937) 887-4700 to discuss your case and explore your defense options today.