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Cincinnati Assault Attorney
There are countless scenarios where someone can find themselves facing an assault charge in Ohio. Many people are quickly put into handcuffs when the police arrive on the scene of a chaotic incident, or they can be completely caught off guard when they are approached and detained by law enforcement.
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An assault conviction can result in a lengthy prison sentence and permanent criminal record. Therefore, you should take the situation seriously and contact an experienced Cincinnati assault attorney to defend you. At Luftman, Heck & Associates, we have represented many clients in this difficult position, and we understand how the law will be applied to your case.
If you or a close loved one have been charged with assault, do not wait to call an experienced Cincinnati criminal defense attorney. Time is of the essence and Ohio prosecutors are known to aggressively pursue these cases. You will need knowledgeable and determined legal counsel to secure the best possible outcome.
To speak with a skilled Cincinnati assault attorney, call Luftman, Heck & Associates today at (513) 338-1890 or submit the details via our online form to schedule a free and confidential consultation.
Ohio Law Defines Numerous Different Types Of Assault
Ohio’s Revised Code 2903.13 defines assault as knowingly causing or attempting to cause physical harm to another person. This definition can cover a vast set of circumstances, and it grants the district attorney many options when charging you. State law has numerous different degrees of assault, and you can face one or several counts at the same time. Since Ohio’s assault laws find many incidents to be particularly heinous, they grant the court the ability to imprison certain offenders for many years. An accusation of assault can result from any physical incident you have with someone else including an unborn child.
Any unwarranted and offensive contact made by someone upon another can be defined as assault. Often used interchangeably with the term “battery,” assault can be defined as causing or attempting to cause harm, while battery is be considered to intentionally or negligently cause unwanted physical contact. An arrest can lead to one or several accusations of a misdemeanor or felonious assault.
Conduct that can be defined as assault can fall into one of the following categories:
- Simple Assault – This is knowingly causing or attempting to cause harm to another, or causing physical harm through reckless behavior.
- Felony Assault – Causing serious harm to someone, or causing or attempting to harm someone with the use of a deadly weapon.
- Negligent Assault – Causing physical harm by the careless or negligent use of a deadly weapon.
- Aggravated Assault – According to Ohio Revised Code (ORC 2903.12) this is an assault committed while in a sudden passion or a fit of rage. This is either causing serious harm to someone else, or harming or attempting to harm someone with a deadly weapon.
Ohio sexual assault laws as defined in the state’s legal code section 2907 offer more specific definitions for offensive and illegal contact of a sexual nature. Rape or assault are treated seriously by the courts, and it does not have to be proven that the offender caused serious physical harm. Furthermore, statutory sexual offenses do not require proving the accused’s intent. For example, being found guilty of statutory rape of a minor simply requires proof that you had sexual intercourse with someone underage. The prosecutor does not have to demonstrate that you intended to break this law. Additionally, you can be charged with numerous assault counts if you are accused of making illegal or unwanted contact with someone.
Criminal Penalties Breakdown
- Typically a first-degree misdemeanor with up to six months in jail and up to $1,000 in fines
- The offense was against law enforcement:
A fourth-degree felony with up to 18 months in prison and up to $5,000 in fines
- The victim is a teach or school administrator:
A fifth-degree felony with at least six months in jail and up to $2,500 in fines
Assault Convictions Can Bring About Serious Punishments
Assault accusations can turn your life upside down, and protecting your future will require overcoming aggressive prosecutor and a complicated legal system. Ohio law considers many acts of assault to be serious crimes with significant punishments for the offender. Lawmakers and district attorneys understand that the victims and the general public often expect harsh punishments for incidents of assault. As a result, it’s easy for everyday people to find themselves facing years in prison and a permanent criminal record.
Even if you were involved in an incident to which the police responded, you might find yourself facing serious assault charges despite the fact there were conflicting stories or faulty witness statements about what happened. Many times, assault charges are filed and people are left at the mercy of the court system to sort things out.
Punishments for those convicted of assault can vary greatly, and you might even be required to pay restitution to the victim in addition to being incarcerated. Those who have been accused of assault must also understand that while the penalty for a single assault charge can be very serious, they might be facing numerous charges depending on the details of their case.
The consequences for Ohio assault offenses include:
- First Degree Misdemeanor – For most simple assault cases, this can result in up to six months in jail and a fine up to $1,000.
- Third Degree Misdemeanor – A negligent assault conviction can be punished by up to 60 days in jail and a fine up to $500.
- First Degree Felony – For rape caused by force, threat of force, or a controlled substance, at least five years in prison. If the victim is a child, the offender can be sentenced to life in prison.
- Second Degree Felony – For felony assault or sexual battery of a child, the punishment can result in up to eight years in prison and a fine up to $20,000.
- Third Degree Felony – For sexual battery of a minor, punishable by up to five years in prison.
- Fourth Degree Felony – For aggravated assault, this felony can result in 18 months in prison.
Defenses To Your Assault Charge
It’s easy for anyone to be overwhelmed when charged with assault. The crime you may be accused of can have a great impact on your life, and you may lose your freedom for a long time. However, it’s important to understand that a skilled defense lawyer can find any weaknesses in the prosecution’s case, and seek a dismissal or negotiate for your charge to be reduced to something much less serious. Our Ohio felony assault charge lawyers know that your prosecution may have resulted from an unjustified arrest, and you may have been brought in by police who were unable to get the whole story.
Every assault case is different, and closely studying the details will allow your lawyer to find any shortcomings in the argument against you. When LHA builds your defense, we will start by reviewing all the evidence such as police reports, witness testimony, and medical records. From there, we will craft a strategy aimed and securing the best possible outcome.
One or several of the arguments that we might make on your behalf could be:
- You are the victim of mistaken identity – Many assault arrests result from chaotic incidents, and the police may have detained you instead of the actual assailant.
- You had consent – If you had permission to act as you did, then you cannot be charged with assault.
- You acted in self-defense or defense of others – If you took reasonable actions to protect yourself or someone else from being harmed by another person, then your assault charge could be dismissed.
- Intent cannot be proven – If you are charged with an intentional assault, but it can’t be prove that the incident wasn’t an accident, your charges might be dropped or reduced.
- There is not sufficient evidence against you – The police and prosecution will have a theory about how you committed assault, but if there is not enough evidence for their story your defense can prevail.
- The police violated your rights– You have constitutional rights when being searched and detained by police. If these rights were violated in your arrest or by gathering evidence against you, your lawyer can request that certain evidence is excluded or in some situations to have your case dismissed.
A Defense Attorney From Luftman, Heck & Associates Can Help You
A conviction for assault can bring about a long prison sentence and significant fines. Furthermore, you may have a permanent criminal record that will affect your life for years to come. Being a convicted felon can make it very difficult to find employment, seek financial assistance for school, or suitable housing. A false accusation of assault can come from a chaotic incident where police were called, or due to the malicious intent of someone trying to harm you. A skilled assault lawyer can make sure that your rights are protected after arrest, and that you have a fair opportunity to refute claims made against you.
It’s important to hire a skilled assault defense attorney if you have been arrested. Every assault charge is different, and your defense will depend on the details of your case. A sexual assault must be defended very differently than an accusation of negligent assault. Your lawyer must have a vast understanding of the law, and know how courts in Ohio apply the law to different assault cases.
Do not delay in calling a skilled Cincinnati assault attorney if you or a loved one have been arrested. Building a successful defense requires gathering all of the necessary evidence, and this can take a lot of time. We have helped many people in your position, and we understand how important it is to protect yourself after being accused of a serious crime.
To speak with an assault defense lawyer today, call Luftman, Heck & Associates at (513) 338-1890 or through our online form. We offer free initial consultations where we can review what happened and how we can help.
Facing Cincinnati Assault Charges?
In Northern Kentucky and Ohio, Cincinnati criminal defense lawyer Brad Groene can walk you through your legal options and begin building a defense to reduce the penalties you face. Get the justice you deserve. Don’t hesitate to contact us today at (513) 338-1890 or contact us online. We are available 24/7.