Felonious Assault Lawyer in Cincinnati

A felonious assault charge means prosecutors are accusing you of causing “serious physical harm” or using a “deadly weapon or dangerous ordnance” during the alleged offense. Ohio generally classifies felonious assault as a second-degree felony and increases it to a first-degree felony in certain cases.

A felonious assault lawyer in Cincinnati with Luftman, Heck & Associates can identify what the prosecutor must prove under the part of Ohio law used to charge you and begin building your assault defense. Call (513) 338-1890 for a free consultation.

Ohio Felonious Assault Laws

Under Ohio Revised Code § 2903.11, the prosecutor can charge you with felonious assault if you knowingly:

• Cause “serious physical harm” to another person or another person’s unborn child; or
• Cause or attempt to cause “physical harm” to another person or another person’s unborn child with a “deadly weapon or dangerous ordnance.”

Felonious assault is generally a second-degree felony. Ohio increases the offense to a first-degree felony when the alleged victim is a peace officer or a qualifying investigator with the Ohio Bureau of Criminal Identification and Investigation. Some felonious assault convictions also carry mandatory prison terms.

What Does “Serious Physical Harm” Mean in Ohio?

“Serious physical harm” requires more than the basic physical harm referenced elsewhere in Ohio criminal law. Ohio uses the term for harm that reaches a higher level of severity based on its effects on the injured person. The prosecutor must establish that higher legal standard when the felonious assault charge is based on serious physical harm.

Whether an injury meets that definition can become a major issue in your defense. Medical treatment can establish that an injury occurred without establishing the higher level of harm required for this form of felonious assault. We can examine the medical evidence and determine whether it establishes serious physical harm under Ohio law.

This distinction also affects how we evaluate the charge itself. If the evidence establishes physical harm but falls short of the serious physical harm required for this form of felonious assault, we can challenge whether the state has proved the offense charged.

What Is a Deadly Weapon Under Ohio Law?

Ohio law defines a deadly weapon as an instrument capable of inflicting death that is designed or adapted for use as a weapon or possessed, carried, or used as a weapon. “Dangerous ordnance” covers certain weapons and explosive devices separately defined by Ohio law. An object does not have to be manufactured as a weapon for the prosecutor to argue that it qualifies as a deadly weapon. What matters is whether the object satisfies Ohio’s legal definition in the circumstances of the alleged offense.

The prosecutor has to establish more than the fact that an object was present during the encounter. How it was allegedly used can become part of the state’s proof. We can examine whether the evidence establishes that the object meets Ohio’s deadly weapon definition and whether the prosecutor can prove the weapon element of the charge.

An actual injury is not required for every felonious assault charge involving a deadly weapon. Ohio law also prohibits attempting to cause physical harm with a deadly weapon or dangerous ordnance, which means prosecutors can pursue this form of the charge even when the alleged victim was not physically injured.

In those situations, the evidence must still establish an attempt to cause physical harm and the required weapon element. We can examine what the evidence shows you actually did and whether it proves the conduct as required by the statute.

Felonious Assault and AIDS Disclosure

Ohio’s felonious assault law also applies to certain sexual conduct when you know you have tested positive as a carrier of a virus that causes AIDS. The prosecutor can pursue this form of felonious assault when the state alleges that you knowingly engaged in sexual conduct without making the disclosure required by law.

The statute also addresses sexual conduct when the other person cannot legally provide the type of consent the law requires. We can identify what the prosecutor must prove under this part of Ohio’s felonious assault law and review whether the evidence establishes those requirements.

Penalties for Felonious Assault in Hamilton County

A felonious assault conviction can require years in an Ohio prison. For qualifying first- and second-degree felonies, Ohio uses indefinite sentencing under the Reagan Tokes Law. The judge selects a minimum prison term from the range established for the degree of your offense, and Ohio law then determines a longer maximum term.

Second-Degree Felonious Assault

Felonious assault is generally a second-degree felony. The judge selects a minimum prison term of two, three, four, five, six, seven, or eight years.

For a single qualifying second-degree felony, the maximum term is generally the minimum term plus 50 percent of that minimum. A two-year minimum, for example, produces a three-year maximum, while an eight-year minimum produces a 12-year maximum. The court can also impose a fine of up to $15,000.

First-Degree Felonious Assault

If the alleged victim is a peace officer or qualifying BCI investigator, felonious assault is a first-degree felony. The judge selects a minimum prison term of three, four, five, six, seven, eight, nine, 10, or 11 years.

For a single qualifying first-degree felony, Reagan Tokes generally makes the maximum term 50 percent longer than the minimum term. An 11-year minimum therefore produces a maximum term of 16½ years. The court can impose a fine of up to $20,000.

When Can Felonious Assault Carry Mandatory Prison Time?

Ohio requires mandatory prison time for some felonious assault convictions. One important situation occurs when the alleged victim is a peace officer or qualifying BCI investigator who suffered serious physical harm. In that situation, the offense is a first-degree felony and the judge must impose a prison term rather than choosing a non-prison sanction.

A specification included with the felonious assault charge can also require additional mandatory prison time. The prosecutor must establish the requirements for that specification before the additional term applies. Because the mandatory portion of a sentence depends on the exact charge filed against you, the prison range alone does not tell you how much time the judge must impose.

We can review your indictment to determine whether the prosecutor has alleged a specification that changes the mandatory sentence. We can then explain which part of the potential prison term is mandatory and what sentencing authority the judge has beyond it.

How Multiple Charges Can Affect a Felonious Assault Sentence

A felonious assault case can include multiple criminal counts arising from the alleged conduct. The number of charges in the indictment, however, does not by itself determine how many separate sentences the court can impose.

Ohio’s allied-offenses law requires certain offenses to merge for sentencing when they satisfy the statutory requirements. Other offenses can be sentenced separately based on factors such as whether the conduct was committed separately or with a separate animus. Determining whether offenses merge therefore requires examining the conduct underlying the individual counts rather than simply comparing the names of the charges.

We can review the indictment and the facts supporting each count to determine whether merger is an issue in your case. When offenses qualify as allied offenses, addressing merger can affect the number of convictions and sentences ultimately imposed.

Can Felonious Assault Result in a Driver’s License Suspension?

Yes. If the prosecutor proves felonious assault based on the use of a deadly weapon and the weapon was a motor vehicle, Ohio law requires the court to impose a Class Two driver’s license suspension. The suspension applies in addition to the sentence imposed for the felonious assault conviction. We can determine whether this requirement applies to the charge against you and explain how the suspension would affect your ability to drive after a conviction.

How Can You Beat a Felonious Assault Charge in Ohio?

Your defense starts with identifying exactly what the prosecutor must prove under the part of Ohio’s felonious assault statute used to charge you. We can examine the evidence for weaknesses in the state’s ability to prove those required elements beyond a reasonable doubt.

What Evidence Matters in a Felonious Assault Case?

The evidence collected by police is only the starting point in a felonious assault case. We can investigate the accusation independently and look for information that was not available when officers decided to make the arrest.

Our investigation can also test whether the prosecution’s evidence supports the account the state intends to present in court. What we uncover can give us grounds to challenge a required element or support a defense that the initial police investigation did not fully consider.

Can the State Prove You Acted Knowingly?

Felonious assault requires the prosecutor to prove that you acted knowingly. Ohio law treats a person as acting knowingly when the person is aware that their conduct will probably cause a certain result or will probably be of a certain nature. The state therefore has to prove the required mental state along with the injury or weapon element of the charge.

Because a person’s mental state is not always established through a direct statement, prosecutors can rely on the circumstances surrounding the alleged offense to argue that you knew what your actions would probably cause. The defense can challenge whether those circumstances actually support that conclusion beyond a reasonable doubt.

We can examine what happened before and during the alleged assault rather than treating the resulting injury as proof of what you knew beforehand. If the prosecution cannot establish the required mental state, it cannot prove every element of felonious assault.

How Can a Felonious Assault Lawyer Challenge Evidence Before Trial?

The defense does not have to wait until trial to challenge the evidence against you. Through discovery, we can obtain evidence the prosecution intends to use and determine whether there are grounds to challenge its use in court. Pretrial litigation also gives us an opportunity to ask the court to exclude evidence when the law does not permit the prosecution to use it.

If police obtained evidence in violation of your constitutional rights, we can determine whether a motion to suppress is appropriate. Other evidentiary issues can determine what information the prosecutor is permitted to present to the jury. A successful pretrial challenge can change the evidence available to the prosecution before the case reaches trial. We can identify appropriate motions, litigate those issues in court, and prepare to challenge the evidence that remains.

The Injury Does Not Meet the “Serious Physical Harm” Requirement

The state cannot prove this form of felonious assault merely by showing that you caused an injury. It must prove “serious physical harm” beyond a reasonable doubt. We can review the medical evidence and challenge whether the injury meets the definition required for a felonious assault conviction.

The State Cannot Prove the “Deadly Weapon” Element

A felonious assault charge involving a weapon requires the state to prove more than the presence of an object during the encounter. The state must prove that you caused or attempted to cause “physical harm” by means of a “deadly weapon or dangerous ordnance.” We can challenge whether the evidence establishes the weapon element required for the charge against you.

You Had the Right to Defend Yourself

Using force does not make you guilty of felonious assault when Ohio law gave you the right to defend yourself. If evidence at trial supports self-defense, the prosecutor must prove beyond a reasonable doubt that you did not act in self-defense. We can examine what led you to use force and whether your actions were legally justified.

Felonious Assault Charges FAQ

How Do You Beat a Felonious Assault Charge in Ohio?

Beating a felonious assault charge requires identifying what the prosecutor cannot prove or what Ohio law allowed you to do during the encounter. We can investigate the accusation and determine which legal or factual issue gives us the strongest basis to challenge the prosecution. An arrest alone does not establish the elements required for a conviction.

Is Felonious Assault a Felony in Ohio?

Yes. Felonious assault is generally a second-degree felony in Ohio. If you are convicted of a qualifying offense, the judge selects a minimum prison term of two to eight years, and the Reagan Tokes Law establishes a longer maximum term. You can face a first-degree felony if the alleged victim is a peace officer or qualifying BCI investigator.

Can You Get a Plea Bargain for Felonious Assault in Ohio?

Yes. A prosecutor can agree to a plea bargain that resolves a felonious assault case without a trial, but you do not have a right to receive one. We can negotiate with the prosecutor when the evidence or another issue gives us a basis to seek different terms. Before you accept an agreement, we can explain the charge you would plead to and the sentence you could face.

Can a Felonious Assault Charge Be Reduced in Cincinnati?

A felonious assault charge can sometimes be reduced when the evidence supports conviction for a lower-level offense, such as aggravated assault or misdemeanor assault, or the prosecutor agrees to a negotiated resolution. A reduction is not guaranteed simply because the defense requests one.

We can evaluate whether the evidence supports the felony charge and negotiate with the prosecutor when there is a factual or legal basis for seeking a reduction. Before you accept an agreement, we can explain the offense you would plead to and the sentence that would apply.

What Is the Difference Between Felonious Assault and Aggravated Assault?

Felonious assault and aggravated assault are different felony offenses in Ohio. Felonious assault can be based on knowingly causing serious physical harm or causing physical harm with a deadly weapon, while aggravated assault requires serious provocation that caused a sudden passion or fit of rage.

We can examine whether the evidence supports the elements of felonious assault or whether the facts fit the requirements for aggravated assault. Our Cincinnati aggravated assault lawyers can explain how Ohio treats that offense.

Does Felonious Assault Require a Weapon in Ohio?

No. Ohio can prosecute felonious assault without alleging that you used a weapon. The prosecutor can pursue the charge by alleging that you knowingly caused serious physical harm to another person.

A weapon becomes relevant under a different part of Ohio’s felonious assault law, which prohibits causing or attempting to cause physical harm with a deadly weapon or dangerous ordnance. We can identify which element of the law the prosecutor is relying on and challenge whether the evidence proves its requirements.

Build Your Defense Against a Felonious Assault Charge

Luftman, Heck & Associates can review the evidence supporting your felonious assault charge and identify what the prosecutor must prove to obtain a conviction. We can explain the defense we recommend and begin challenging the state’s case. Call our Cincinnati office at (513) 338-1890 or contact us online for a free consultation with a Cincinnati felonious assault lawyer.