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ASSAULT AND FELONIOUS ASSAULT SUMMARY:
Generally, an Assault offense occurs when a person causes, or attempts to cause, physical harm to another person.
ASSAULT AND FELONIOUS ASSAULT IN OHIO:
In Ohio there are several different types of Assault offenses, from “Felonious Assault”, which generally is a Felony of the 2nd Degree, to “Negligent Assault”, which is a Misdemeanor of the 3rd Degree.
WHAT IS ASSAULT?:
The crime of “Assault” is committed when a person: (1) knowingly causes or attempts to cause “physical harm” to another person, or (2) recklessly causes “serious physical harm” to another person. Generally, “Assault” is a Misdemeanor of the 1st Degree, however, “Assault” can also be a felony offense, depending on the circumstances. Misdemeanors of the 1st Degree are punishable by up to 180 days in jail. R.C. 2903.13 is the “Assault” statute in Ohio. http://codes.ohio.gov/orc/2903.13
WHAT IS FELONIOUS ASSAULT?:
Generally, “Felonious Assault” charges someone with knowingly causing “serious physical harm” to another person. However, Ohio’s “Felonious Assault” statute also includes knowingly causing, or attempting to cause, “physical harm” to another person by means of a “deadly weapon” or “dangerous ordnance”. Essentially, this makes it easier for the State of Ohio to charge people with “Felonious Assault” in that the State can charge this offense even when nobody was injured, as long as the State can establish that the Accused used an instrument that was conceivably capable of causing death (this could mean anything from an ash-tray to a firearm).
The crime of “Felonious Assault” is generally a Felony of the 2nd Degree, punishable by 2, 3, 4, 5, 6, 7, or 8 years in prison. R.C. 2903.11 is the “Felonious Assault” statute in Ohio. http://codes.ohio.gov/orc/2903.11
WHAT IS AGGRAVATED ASSAULT?:
“Aggravated Assault” is similar to “Felonious Assault” in that it also involves causing “serious physical harm” to another or the use of a “deadly weapon” or “dangerous ordnance” to cause “physical harm” to another, however, “Aggravated Assault” involves situations where the offender acted “while under the influence of sudden passion or in a sudden fit of rage”. “Aggravated Assault” is, generally, a Felony of the 4th Degree, punishable by 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18 months in prison. R.C. 2903.12 is the “Aggravated Assault” statute in Ohio. http://codes.ohio.gov/orc/2903.12
WHAT IS NEGLIGENT ASSAULT?:
“Negligent Assault” involves negligently causing “physical harm” to another person by means of a “deadly weapon” or “dangerous ordnance”. “Negligent Assault” is a Misdemeanor of the 3rd Degree and is punishable by up to 60 days in jail. R.C. 2903.14 is the “Negligent Assault” statute in Ohio. http://codes.ohio.gov/orc/2903.14
CONSEQUENCES OF CONVICTION FOR AN ASSAULT OFFENSE:
As can be seen, there are numerous different types of Assault offenses in Ohio, which can generally range from Felonies of the 2nd Degree all the way down to Misdemeanors of the 3rd Degree. If you or a member of your family has been accused of or charged with any type of Assault offense, it is imperative to obtain legal representation immediately. Depending on the circumstances and depending on the injuries that may be involved, what seems like a simple altercation can result in years of imprisonment as well as devastating collateral consequences.
CALL ZUKERMAN ABOUT ASSAULT AND FELONIOUS OFFENSES:
The attorneys at Zukerman, Lear & Murray Co., L.P.A. have successfully handled countless cases involving allegations of assault offenses. Over the years, what has become clear to the attorneys at Zukerman is that oftentimes charges of “Felonious Assault” are the result of an overzealous prosecutor or grand jury and/or a complete exaggeration of the events that actually took place. In some cases what used to be a simple “schoolyard” fist-fight is now being indicted as a charge of “Felonious Assault”.
If you or a member of your family has been accused of, or charged with, an assault offense, do not hesitate to contact Zukerman, Lear & Murray Co., L.P.A. Oftentimes the sooner legal representation is obtained the better it is for the accused. Getting on the case immediately can be the difference between not being charged at all or keeping the case charged as a misdemeanor, rather than a felony, prosecution.