Assault Lawyer in Cincinnati, OH

Ohio Revised Code 2903.13 prohibits knowingly causing or attempting to cause physical harm to another person or another’s unborn. It also prohibits recklessly causing serious physical harm. Assault is generally a first-degree misdemeanor, although Ohio increases the offense level in circumstances specified by the statute.

The relationship between you and the alleged victim can also affect how Ohio law applies to the accusation. When the accusation involves a family or household member, Ohio’s domestic violence law can apply to conduct that would otherwise support an assault charge. Our Cincinnati domestic violence lawyers can explain the additional requirements the prosecutor must prove when the accusation falls under that law.

The offense listed in your charging documents determines what the prosecutor must prove and the penalties that can follow a conviction. We can review those documents with you and explain how Ohio law applies before deciding how we recommend defending the case.

If you are charged with assault, the prosecutor must prove that you knowingly caused or tried to cause “physical harm” to another person or recklessly caused “serious physical harm.” In most cases, assault is a first-degree misdemeanor.

Aggravated assault under ORC 2903.12 requires something different. The prosecutor must prove that you acted in a “sudden passion” or “sudden fit of rage” after “serious provocation” from the other person. Our Cincinnati aggravated assault attorneys explain what those requirements mean when you face that charge.

Felonious assault does not require serious provocation. The prosecutor instead has to prove the elements of that offense, which can include causing serious physical harm or causing or attempting to cause physical harm with a deadly weapon or dangerous ordnance. Our Cincinnati felonious assault lawyers can explain what the state must prove for a felonious assault charge.

The exact charge against you matters because these offenses require the prosecutor to prove different things. Your charging documents identify the offense the state says you committed, and your defense starts with whether the evidence can prove each required element.

What Happens During Booking After an Assault Arrest?

After Cincinnati police arrest you for assault, officers might ask you questions about the encounter before or during booking. You have the right to remain silent and ask for an attorney. Anything you tell the police about what happened could later become evidence in the case against you.

Police typically take you to the Hamilton County Justice Center at 1000 Sycamore Street in downtown Cincinnati. Jail staff then process you into custody before your initial court appearance unless you are released sooner.

What Happens at Your First Court Appearance?

Ohio Rule of Criminal Procedure 4 requires police to bring you before a court without unnecessary delay after an arrest. At your initial appearance, the judge can address your bond and order you to follow restrictions while the case is pending.

If the court orders you to have no contact with the person who accused you of assault, you must follow the order even if the other person contacts you first. Violating a condition of your release can put your bond at risk and return you to jail while the assault case is pending. A no-contact order still applies when the other person wants to communicate with you, so talk to us before responding to contact that could violate the judge’s order.

We can address your bond at the beginning of the case and explain what the judge’s orders allow you to do while the charge is pending.

Where Does Your Assault Case Go After Your First Appearance?

If you face a misdemeanor assault charge, your case can remain in Hamilton County Municipal Court. If you face a felony, the case begins there but can move to Hamilton County Common Pleas Court after a grand jury returns an indictment.

We can begin investigating the accusation while your case is pending. Our investigation can uncover information the police did not have when they arrested you and give us a clearer picture of what happened before and during the encounter.

How Much Jail Time Can You Face for Assault in Ohio?

If you are convicted of first-degree misdemeanor assault, the judge can sentence you to as many as 180 days in jail and impose a fine of up to $1,000. The sentence you receive can fall anywhere within those limits.

Ohio increases some assault charges to the felony level. Assault against a peace officer performing official duties is generally a fourth-degree felony rather than a first-degree misdemeanor.

Look at the degree listed on your charging documents before assuming what punishment you face. A first-degree misdemeanor and a fourth-degree felony expose you to different sentencing ranges, even though both charges may be described as assault.

Can a Judge Order Restitution for Assault?

Yes. A judge can order you to pay restitution when an assault caused the alleged victim an economic loss. The amount must be based on the victim’s actual economic loss rather than an arbitrary figure. Restitution is separate from the jail sentence or fine the court imposes, so you need to keep that in mind when you consider what a conviction could require.

Does an Assault Conviction Stay on Your Record?

Yes. An assault conviction becomes part of your criminal record. The conviction can continue to appear on criminal background checks after you finish your sentence. Whether you can later seal the record depends on Ohio’s record-sealing laws and your criminal record.

The prosecutor has to prove every part of the assault charge against you beyond a reasonable doubt. We can start by comparing what the prosecutor says happened with the evidence and identifying what the state may have trouble proving. We can also determine whether Ohio law allowed you to use force to defend yourself.

You Acted in Self-Defense

You have the right to defend yourself against another person’s unlawful force. If you were somewhere you had a lawful right to be, Ohio law does not require you to retreat before using force in self-defense.

Once evidence presented at trial tends to show that you acted in self-defense, the burden remains with the prosecutor. The state must prove beyond a reasonable doubt that you did not act in self-defense. We can examine what happened leading up to the encounter and whether the evidence supports your account of why you used force.

The Prosecutor Cannot Prove the Required State of Mind

An injury by itself does not prove assault. The prosecutor must also prove that you had the state of mind required for the charge.

For an accusation that you knowingly caused or attempted to cause “physical harm,” the state must prove you acted knowingly. If the evidence does not establish that element beyond a reasonable doubt, the prosecutor has not proved the assault charge against you.

The Prosecutor Cannot Prove You Committed the Assault

Police may arrest someone based on information they receive after an encounter has ended. An arrest does not establish that police identified the right person.

We can examine the evidence the prosecutor intends to use to identify you as the person who committed the assault. If the state cannot prove beyond a reasonable doubt that you committed the offense, it cannot convict you of the charge.

The police investigation is only one account of the accusation against you. Luftman, Heck & Associates can conduct our own investigation and use what we find to build your defense against the assault charge. Call our Cincinnati office at (513) 338-1890 or contact us online for a free consultation. We can review the accusation with you and explain how we recommend defending the case.