Assault

The idea of being charged with a crime, especially a violent crime like assault/assault and battery, is unsettling. However, if you are facing criminal charges in Ohio, it is critical to remember that you have a right to defend yourself, that you are innocent until proven guilty, and that a criminal charge is not the same as a criminal conviction. When you call the Comunale Law Office, our experienced assault and criminal defense attorneys will start working on your case immediately. We are committed to providing you with the best defense possible.

Simple Assault vs. Aggravated Assault

If you are charged with assault in Ohio, it is important that you know the differences between simple and aggravated assault in the state. Simple assault is defined by Ohio Code Section 2903.13 as:

• Causing or attempting to cause physical harm to another or another’s unborn; or
• Recklessly causing physical harm to another or another’s unborn.

When a simple assault is committed, the crime is considered a first degree misdemeanor charge.

However, an assault can be a felony assault when the offense:

• Is committed by a caretaker against an impaired person;
• Is committed within a correctional facility against an employee;
• Is committed against a school teacher or administrator on school grounds;
• Is committed against a peace officer;
• Causes serious harm; or
• Causes or attempts to cause serious harm through the use of a deadly weapon

Penalties for Assault

The penalties for assault depend on whether or not the assault was a simple assault or aggravated or felony assault. If a felony assault, penalties are dependent upon the degree of felony. For example, a simple assault, as stated above, is a misdemeanor crime that is punishable by a fine of up to $1,000 and jail time of up to six months. A second degree felony assault, on the other hand, could result in up to eight years in prison and a fine of up to $20,000. It is critical that you understand the specific charges you are facing and the potential penalties you may be subject to.

Do I Need a Criminal Defense Attorney in Ohio?

Working with an attorney who provides you with competent legal representation and defense is your constitutional right. While you can waive this right, doing so is not recommended. When you choose to represent yourself rather than working with a skilled attorney, you risk not understanding the crime you’ve been charged with or the penalties, a breach of your constitutional rights (and an inability to recognize that breach), and a missed opportunity to defend yourself in the best way possible. When you work with our legal professionals, we can investigate your case, file motions to suppress evidence against you, and negotiate with the prosecution. You are our top priority.

To schedule a consultation with our law firm, please send us a message, call us directly, or email us at contact@comunalelaw.com. Acting quickly is important – make us your first call following arrest.