Felonious Assault Lawyer in Cincinnati, Ohio

If you have been arrested and charged with felonious assault in Ohio, the stakes could not be higher. Felonious assault is a serious violent felony, and a conviction can mean years in prison, overwhelming fines, and a permanent criminal record that can follow you for the rest of your life. Beyond the courtroom, a guilty verdict can disrupt your family, damage your reputation, and close doors to future job opportunities, housing, and other opportunities.

Protect your future and your freedoms by contacting a felonious assault lawyer in Cincinnati, Ohio, at Luftman, Heck & Associates. The sooner you have an experienced defense attorney involved, the more options you may have. You can schedule your free case evaluation today by calling our office at (513) 338-1890 to discuss potential defense strategies with a felonious assault lawyer near you.

Ohio Felonious Assault Laws

Under Ohio Revised Code § 2903.11, you can be charged with felonious assault in the following situations:

• You are accused of attempting to cause or causing serious physical bodily injury or harm to another person or someone else’s unborn child through the use of a deadly weapon or a dangerous ordnance; or
• You are accused of causing serious physical harm to another person or their unborn child.

In most cases, felonious assault is charged as a second-degree felony. However, certain aggravating factors can elevate the charge to a first-degree felony, such as when the alleged victim is a peace officer, investigator, or child, or when a firearm, motor vehicle, or other dangerous ordnance is involved. These aggravating circumstances can trigger mandatory prison terms and limit a judge’s ability to reduce your sentence.

What Is a Deadly Weapon Under Ohio Law?

Understanding what counts as a “deadly weapon” or “dangerous ordnance” is critical in a felonious assault case, because the presence of a weapon often determines whether the charge is a felony and how severe the penalties can be.

Under Ohio law, a deadly weapon is any item capable of causing death or that has been designed, adapted, or used as a weapon. Examples of dangerous ordinances include, but are not limited to:

• Explosive devices
• Ballistic knives
• Sawed-off firearms
• Automatic firearms
• Incendiary devices
• Explosive substances
• Firearm suppressors
• Rocket launchers
• Grenades
• Ammunition for these weapons

Even everyday objects—such as a bat, bottle, or vehicle—may be treated as deadly weapons if they are used in a manner capable of causing serious physical harm.

Felonious Assault and AIDS Disclosure

Ohio law also allows felonious assault charges in certain HIV/AIDS-related situations. You could be charged if you have previously tested positive as a carrier of acquired immunodeficiency syndrome (AIDS) and:

• Participate in sexual activity with someone who lacks the mental capacity to understand the significance of your medical condition;
• Participate in sexual activity with someone without disclosing your status as a carrier; or
• Participate in sexual activity with a minor.

These cases are complex and sensitive and often turn on issues like consent, disclosure, and what you knew at the time. An experienced felonious assault lawyer can analyze the evidence and medical records involved.

Penalties for Felonious Assault in Hamilton County

If you are convicted of felonious assault in Cincinnati or anywhere in Hamilton County, the potential penalties are severe. The exact sentence will depend on the degree of the felony and whether any mandatory sentencing specifications apply.

Second-Degree Felonious Assault: A second-degree felony conviction for felonious assault can result in a substantial prison sentence, potentially up to eight years in state prison, along with fines as high as $15,000, plus court costs, restitution, and long-term supervision.

First-Degree Felonious Assault: If your charge is elevated to a first-degree felony—for example, because the alleged victim was a peace officer or investigator, or a child who suffered serious physical harm—you could face a prison sentence of up to 11 years and fines as high as $20,000, as well as mandatory prison terms that cannot be reduced or avoided through community control.

You could face a mandatory prison term if the alleged victim of the felonious assault in your case was a pregnant woman, and you knew she was pregnant at the time of the assault. Additionally, if the alleged victim was an investigator or peace officer, a first-degree felony and mandatory prison typically apply.

Under Ohio Revised Code 4510, if the deadly weapon in your felonious assault case was a motor vehicle, you can also expect your driver’s license to be suspended or revoked in addition to any prison term and fines.

Other Consequences of a Felonious Assault Conviction

Criminal penalties are only part of the impact of a felonious assault conviction. Because this is a violent felony, you may also face serious collateral consequences that affect nearly every aspect of your life, such as:

Immigration and Citizenship Issues

If you are not a U.S. citizen, a felonious assault conviction could lead to deportation, denial of re-entry, or denial of naturalization. Even pending immigration applications or green card renewals can be jeopardized if you are convicted of a violent felony offense.

Child Custody and Visitation Problems

If you have children, a felonious assault conviction could hurt your chances of keeping or obtaining custody and visitation. The other parent could ask the court for sole custody or supervised visitation, arguing that you pose a danger to the child’s safety or well-being.

Difficulty Reacclimating to Society

Upon your release, you may face a host of additional challenges. A violent felony on your record can make it harder to find a job, secure safe and stable housing, or obtain professional licenses. You may also lose your right to possess firearms and face barriers in education, military service, and even volunteering. These long-term effects are a major reason to aggressively fight felonious assault charges from the very beginning.

Felonious Assault Charges FAQ

When facing felonious assault charges, you may have many unanswered questions about what to expect from the process, how to approach a defense strategy, and just how serious the penalties could be. Below are answers to some common questions about felonious assault in Cincinnati and throughout Ohio.

Can You Challenge Felonious Assault Charges in Ohio?

Yes. Several potential defenses may be used to challenge felonious assault charges in Ohio, depending on the facts. Your felonious assault attorney will review the evidence to determine which strategies are most likely to produce a favorable result. Common defenses include mistaken identity, constitutional rights violations, lack of evidence, lack of intent, lack of probable cause, self-defense, and consent. In some cases, you may also qualify for a pretrial diversion program or negotiate a plea bargain that reduces the charge or penalties. However, you must comply with all terms of any diversion or plea agreement, or you risk a conviction and full sentencing.

What Evidence Could Be Presented in a Felonious Assault Case?

The prosecutor must prove your guilt beyond a reasonable doubt, while your defense attorney works to create reasonable doubt in the minds of the judge or jury. Evidence that may be used in a felonious assault case includes police reports, your own statements to police, witness statements, weapons recovered from the scene, DNA evidence, forensic evidence, photos and videos, medical records, and expert testimony. Your lawyer will evaluate whether any of this evidence was obtained illegally or can be challenged for reliability and credibility.

Do Felonious Assault Convictions Bring Mandatory Prison Time?

In many cases, felonious assault convictions do carry mandatory prison time, especially when certain aggravating factors are present. You may face mandatory incarceration if the alleged victim is under the age of 10, if you knew the alleged victim was pregnant, if the incident involved an accelerant or dangerous ordnance, or if the alleged victim was a peace officer or investigator. Mandatory terms limit the judge’s discretion and make it even more important to fight the charges or negotiate a reduction to a non-mandatory offense.

What Is Felonious Assault in Ohio?

Felonious assault in Ohio is a serious violent offense that generally involves knowingly causing serious physical harm to another person or attempting to do so, or causing or attempting to cause physical harm by using a deadly weapon or dangerous ordnance. It is usually charged as a second-degree felony, but can become a first-degree felony when certain aggravating factors are present, such as when the victim is a peace officer or when the offense involves a child or severe injury. Because it is a felony crime of violence, a conviction can bring lengthy prison time and lifelong consequences.

Is Felonious Assault the Same as Felony Domestic Violence in Ohio?

No. Felonious assault and felony domestic violence are separate offenses under Ohio law, though they can arise from the same incident. Domestic violence charges typically involve allegations of harm or threatened harm against a family or household member, while felonious assault focuses on causing or attempting to cause serious physical harm or using a deadly weapon, regardless of the relationship. In some cases, conduct against a spouse, partner, or family member may be charged as both domestic violence and felonious assault, which can increase the potential penalties and complexity of your case.

Can a Felonious Assault Charge Be Reduced in Cincinnati?

In some situations, a skilled Cincinnati defense lawyer may be able to negotiate a reduction of a felonious assault charge to a lesser offense, such as aggravated assault or misdemeanor assault, especially if the injuries were less severe, no weapon was involved, or there are weaknesses in the state’s evidence. Reducing the charge can significantly lower potential prison time, fines, and collateral consequences. Whether a reduction is possible depends on factors like your prior record, the alleged victim’s wishes, available evidence, and the prosecutor’s policies in Hamilton County.

Read 7 Ways to Beat an Assault Charge in Cincinnati, Ohio

What Is Felony Strangulation in Ohio?

Ohio has enacted specific laws addressing strangulation and impeding another person’s breathing or blood flow, often treated as a serious violent offense and sometimes linked to domestic violence. Strangulation-related conduct can lead to charges under the assault statutes or related provisions when the alleged act creates a substantial risk of serious physical harm. In some cases, behavior described as strangulation can be charged as felonious assault if it is alleged to have caused or risked serious physical harm or involved a deadly weapon. These cases are often highly fact-specific and require careful medical and forensic review.

How Does Felonious Assault Relate to Felony Domestic Violence in Cincinnati?

In Cincinnati, an incident of domestic violence—particularly one involving serious physical harm, a weapon, or repeated abuse—can sometimes be charged as felonious assault instead of, or in addition to, domestic violence. This can dramatically increase the potential penalties and affect issues like protection orders, firearms rights, and child custody. A lawyer experienced in both domestic violence and felonious assault cases can help you understand the charges, challenge the allegations, and work to avoid the harshest outcomes.

What Is the Difference Between Felonious Assault and Aggravated Assault?

Felonious assault and aggravated assault are related but distinct offenses in Ohio. Felonious assault generally involves knowingly causing serious physical harm or using a deadly weapon. Aggravated assault typically arises when someone causes serious physical harm or uses a deadly weapon while under sudden passion or a fit of rage brought on by serious provocation by the alleged victim. In some cases, your attorney may argue that your conduct more closely matches aggravated assault rather than felonious assault, which can result in reduced penalties.

How Can a Cincinnati Felonious Assault Lawyer Help My Case?

A Cincinnati felonious assault lawyer can investigate your case, analyze police reports, video evidence, and medical records, and identify weaknesses in the prosecution’s version of events. Your attorney may challenge the legality of searches, contest witness credibility, present evidence of self-defense, and negotiate with prosecutors for charge reductions or alternative sentencing. From your initial investigation through pretrial motions, plea negotiations, and trial, having a knowledgeable defense lawyer on your side gives you the best chance at protecting your rights and minimizing the impact of the charges.

Get Help from a Felonious Assault Lawyer in Cincinnati Today

Felonious assault allegations can change your life in an instant. If you hope to protect yourself and your family from the devastating consequences of a conviction, you need a knowledgeable Cincinnati felony assault lawyer at Luftman, Heck & Associates on your side as early as possible in the process.

Our team will work tirelessly to analyze the circumstances of your case, challenge the prosecution’s evidence, and determine how to best approach your defense. Find out what’s next for your case when you fill out our confidential contact form or call our office at (513) 338-1890 to schedule your no-cost, risk-free consultation.