Felonious Assault Lawyer in Cincinnati, Ohio
If you have been arrested and charged with felonious assault in Ohio, the penalties of a conviction could be earth-shattering. If you are found guilty, you could face jail or prison time, fines, and destruction of life as you once knew it.
Protect your future and your freedoms by contacting a felonious assault lawyer in Cincinnati, Ohio, at Luftman, Heck & Associates. 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 physical bodily injury or harm to another or someone else’s unborn child through the use of a deadly weapon or a dangerous ordinance
- You are accused of causing severe bodily injury or harm to someone else or their unborn child
Felonious assault is typically charged at the second-degree felony level. However, depending on the specific details of your assault case, these could be elevated to first-degree felony charges if aggravating circumstances apply, such as the use of a firearm or if the alleged victim was a peace officer.
What Is a Deadly Weapon Under Ohio Law?
It is important to know what items and instruments are regarded as deadly weapons.
Under the law, a deadly weapon is any item that can cause death or has been adapted for use as a weapon. Examples of dangerous ordinances include:
- Explosive devices
- Ballistic knives
- Sawed off firearms
- Automatic firearms
- Incendiary devices
- Explosive substances
- Firearm suppressors
- Rocket launchers
- Ammunition for these weapons
Felonious Assault and AIDS Disclosure
You could also be facing felonious assault charges 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
- Participate in sexual activity with a minor
Penalties for Felonious Assault in Hamilton County
If convicted of felonious assault, you could face various penalties depending on your case’s specific circumstances. If you are convicted of second-degree felonious assault, you could spend up to eight years in state prison and pay fines as high as $15,000.
However, if you were convicted of first-degree felonious assault, you could spend up to 11 years in state prison and pay fines as high as $20,000.
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 the woman was pregnant at the time of the assault. Additionally, if the alleged victim was an investigator or peace officer, you will automatically be charged with a first-degree felony, which includes a mandatory prison term that will not be eligible for reduction.
Under Ohio Revised Code 4510, if the deadly weapon in your felonious assault case was a motor vehicle, in addition to the prison time and fines you are facing, you can also expect your driver’s license to be suspended or revoked.
Other Consequences of a Felonious Assault Conviction
Criminal penalties are not the only consequences you will face if you are convicted of felonious assault. Your entire life could be significantly affected, such as:
Immigration and Citizenship Issues
If you are not a U.S. resident, you could be dealing with significant immigration and citizenship issues, including deportation. You could also find that your naturalization application or a green card visa application is denied due to the felonious assault charges against you.
Child Custody and Visitation Problems
If you have children, a felonious assault conviction could have a devastating impact on your ability to retain your child custody and visitation rights. Your child’s other parent could petition the court for sole custody and reduce your visitation rights if they believe you are a threat to your child’s safety.
Difficulty Reacclimating to Society
Upon your release, you could face further issues. Your criminal record will make it difficult for you to find a job, housing, and maintain relationships with family and friends and otherwise move forward with your life.
Felonious Assault Charges FAQ
When facing felonious assault charges, you may have many unanswered questions about what to expect from the charges against you, how to approach your defense strategy, and the severity of the penalties you face.
Below, we have answered some of the most frequently asked questions surrounding felonious assault charges in Cincinnati. Do not hesitate to contact our felonious assault lawyers if you have additional questions we did not cover on this page.
Can you challenge felonious assault charges in Ohio?
Several potential defenses could be used to challenge the felonious assault charges in your case. Your felonious assault attorney will need to evaluate the evidence to determine which is most likely to produce a favorable outcome.
Some of these potential defenses include:
- Mistaken identity
- Constitutional rights violations
- Lack of evidence
- Lack of intent
- Lack of probable cause
- Self defense
It is also possible you could be eligible for a pretrial diversion program or work out a plea bargain with the prosecuting attorney. You will be required to meet the terms of the agreement if you hope to have the charges against you reduced or eventually dismissed.
Failure to adhere to the terms of your pretrial diversion or plea agreement could result in a conviction and the previously mentioned criminal penalties.
What evidence could be presented in a felonious assault case?
The prosecutor must prove your guilt beyond a reasonable doubt. However, your defense attorney must create that reasonable doubt in the jury’s minds.
Some of the different types of evidence that could be used to hurt or support your case include:
- Police reports
- Your police statement
- Witness statements
- Weapons recovered from the crime scene
- DNA evidence
- Forensic evidence
- Photos and videos
- Medical records
Do felonious assault convictions bring mandatory prison time?
If you are found guilty of felonious assault in Cincinnati, you could be sentenced to a mandatory prison term if:
- The alleged victim in your case was under the age of 10
- You knew the alleged victim in your case was pregnant
- The felonious assault in question involved an accelerant
- The alleged victim in your case was a peace officer or investigator
Get Help from a Felonious Assault Lawyer in Cincinnati Today
Felonious assault allegations could have a devastating impact on your life. If you hope to protect yourself and your family from the fallout of a conviction, make sure you have a knowledgeable Cincinnati assault lawyer at Luftman, Heck & Associates on your side.
Our team will work tirelessly to analyze the circumstances of your case 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.