Facing Assault Charges in Cincinnati? Our Criminal Defense Attorneys Can Help
If you’ve been charged with assault in Cincinnati or anywhere in Hamilton County, you are likely feeling overwhelmed. Assault charges in Ohio are serious and carry the risk of jail time, fines, probation, and a permanent criminal record. However, the right legal strategy can often reduce or avoid these penalties.
By partnering with an experienced assault defense lawyer, you can better understand your case and explore ways to beat the charges, get an assault case dismissed, or secure a favorable plea deal. Contact Luftman, Heck & Associates LLP at (513) 338-1890 to schedule a free initial consultation.
What Is Assault in Ohio?
According to O.R.C. 2903.13, assault is defined as knowingly or recklessly causing or attempting to cause physical harm to another person or to another’s unborn child.
Physical harm does not need to be life-threatening to constitute assault. Even minor injuries or unwanted, harmful touching may be enough to support a charge.
Penalties for Assault in Ohio:
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Misdemeanor Assault (First-Degree):
➔ Up to 180 days in jail and up to a $1,000 fine -
Felony Assault or Repeat Assault Offenses:
➔ 6 to 18 months in prison and up to a $5,000 fine
Additional consequences may include:
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Mandatory anger management classes
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Loss of employment opportunities
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Long-term damage to your reputation and record
Defenses to Assault Charges in Cincinnati & Hamilton County
There are ways to get an assault case dismissed or dropped. The burden of proof rests entirely with the prosecution. They must prove each element of assault beyond a reasonable doubt. With a strong defense strategy, you can challenge the prosecution’s case and potentially have your charges dismissed or reduced.
1. Challenge the Elements of the Assault Charge
To convict you of simple assault, the prosecution must prove that you intended to harm another person knowingly or recklessly. If they cannot prove every element of the crime, then you should not be found guilty.
Your assault lawyer can attack the elements of assault. For example, if you accidentally made contact with another person and caused harm, you did not knowingly, recklessly, or intentionally hurt them. Each element can be broken down and targeted individually for the best defense.
2. You Lacked the Intent to Harm
Assault is a specific intent crime. That means you must have had the goal of harming another person knowingly or recklessly. If you accidentally hurt someone, you cannot be convicted of assault.
3. You Did Not Harm the Person
Actual harm is an element of assault. So if the other person suffered no harm, then under Ohio’s assault law, you cannot be found guilty of assault.
4. You Acted in Self-Defense
You have the right to defend yourself if someone attacks you. In most cases, you can use as much force as you believe necessary to stop the other person. That means you should not use lethal force if the other person is not likely to cause death or serious injury. However, self-defense is a valid assault defense.
5. You Acted in Defense of Others
Just like you have a right to defend yourself, you can defend others even if it means using force. If your assault charge stemmed from you protecting another person, you might be able to avoid a conviction.
6. You Were Defending Your Property
If someone threatens you, you typically have a duty to retreat before resorting to violence. However, Ohio has a “stand your ground” law that allows you to protect yourself and your property. If someone breaks into your home, you can use force if you are threatened.
7. You Had Consent to Act
Assault involves touching another person. If another person consents to the contact, you are not guilty of assault. This may involve intimate situations, sports, and other circumstances that your attorney can present in your defense.
How to Avoid Jail for Assault in Cincinnati
There are options other than incarceration, even if you are convicted of assault in Ohio. Some ways to avoid jail even if you are convicted of a crime include:
Assault Probation
Depending on your prior record and other factors, you may be able to serve time on probation or house arrest for assault. This will keep you out of a correction facility. Although your movement will be restricted, you can avoid incarceration.
Plea Agreement
If there is considerable evidence against you, you may consider a plea agreement with the prosecutor. You might plead for a conviction for a lesser offense or lower penalties. You can even use a plea agreement to avoid incarceration altogether.
Expungement
Expungement is available in some assault cases after penalties are imposed. While it cannot keep you from being convicted, it can clear your record and help you get a fresh start.
If You’re Arrested for Assault in Ohio, Here’s What Not to Do
If you are arrested and charged with assault in Ohio, certain actions will harm your case. You should never:
- Talk to the police without an attorney
- Post on social media about the situation
- Try to talk to the alleged “victim.”
- Talk to other people about your case
- Destroy evidence
As with any criminal charge, the prosecutor must prove that you committed the assault. But, any further actions you take can also be used against you.
Why Hiring an Experienced Cincinnati Assault Lawyer Is Critical
Facing assault charges in Ohio without a seasoned defense lawyer places you at a serious disadvantage. Prosecutors will aggressively pursue a conviction, but a knowledgeable attorney can:
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Challenge unreliable witness testimony
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Expose weaknesses in the prosecution’s case
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Negotiate for reduced charges or dismissal
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Fight for alternative sentencing options
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Safeguard your rights at every stage
At Luftman, Heck & Associates LLP, we understand what’s at stake. Whether you were wrongly accused, acted in self-defense, or were caught up in a misunderstanding, our Cincinnati assault defense lawyers will fight tirelessly to protect your freedom and future.
Read How to Choose a Cincinnati Criminal Defense Attorney
Luftman, Heck & Associates Creates Strategic Defenses
Whether you didn’t take part in the assault or your actions took place because of self-defense, the attorneys at Luftman, Heck & Associates are here to develop the best possible defense so you can beat the assault charge and move on with life.
Call (513) 338-1890 or use our contact form to schedule a free consultation of your case.
