Cleveland Assault Attorneys Helping You Challenge Assault Allegations With a Strong Defense
In Ohio, if you cause or attempt to cause physical harm to another person, you could be charged with assault. Many people might think that they can be accused of this type of crime only if they actually make contact with the other person, such as by landing a punch. Unfortunately, that’s not accurate. Simply placing a person in fear of injury is enough to trigger an arrest.
If you have been accused of committing assault, it’s in your best interest to contact a lawyer right away. When the State prosecutes these matters, they begin gathering evidence to build their case against you. The more time it takes to retain legal representation, the less time your attorney has to work on your defense.
At HMW Law, we are passionate about helping those facing criminal charges. Our Cleveland assault lawyers provide personalized legal services, which means we get to know you and listen to your side of the story without judgment. When you retain our services, we’ll start work on your case right away. We’ll look at the facts of the case, demand the prosecution’s evidence, and begin developing a legal strategy for your unique situation.
For a free legal consultation with an assault defense lawyer serving Cleveland, call 216-369-1352
How Does Ohio Define Assault?
In Ohio, you could be charged with assault for knowingly causing or attempting to cause physical injury to another person or an unborn child. It’s important to recognize that the law does not require that the harm or injury actually happened. You can be arrested for assault based on someone’s sincere and reasonable belief that you intended to or attempted to cause them physical harm.
For example, if you are at a party and get into a verbal altercation with someone and then start moving toward them while threatening them, you could be charged with assault even if you never attempted to actually strike them or were being held back by a friend. As long as the other party has reason to believe that you were going to harm them, assault charges can apply.
Ohio Revised Code also has a separate assault charge, known as negligent assault. This is applied specifically to situations that involve the negligent operation of a firearm or other dangerous or deadly weapon. For example, if someone is cleaning a gun and fails to note that it is loaded and accidentally shoots someone, this could be negligent assault.
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What’s the Difference Between Assault, Battery, and Aggravated Assault?
In addition to assault and negligent assault, there are other related terms in this category, including aggravated assault and battery. The terms “assault” and “battery” are often used interchangeably. However, they are separate types of conduct in many states. Assault generally occurs when a person attempts to cause physical harm to someone else. Battery is the completion of assault.
For example, if Sam raises their fist at Alex and Alex reasonably believes that Sam will strike him, Sam has committed assault. If Sam actually finishes the punch, he is committing battery. However, Ohio doesn’t make a distinction between assault and battery in the Ohio Revised Code, and both of these scenarios fall under the assault statute.
In Ohio, aggravated assault is a separate offense from simple assault. Aggravated assault occurs when a person causes serious physical harm to another person. It can also be committed when an individual assaults or attempts to assault another with the use of a dangerous or deadly weapon. The key distinction between simple assault and aggravated assault is that aggravated assault charges only apply if the alleged offender was “under the influence of sudden passion or in a sudden fit of rage.” While simple assault is generally a first-degree misdemeanor, aggravated assault is a fourth-degree felony.
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Does Someone Have to Press Charges Against You to Be Arrested for Assault?
It’s a common misconception that victims have a choice in whether or not the alleged offenders are arrested or prosecuted in assault cases. Criminal charges are brought about by the prosecutors, not the alleged victim. While having the testimony and cooperation from the alleged victim can be a significant benefit to the prosecution’s case, it is not legally required. Many people are arrested and charged with assault in Cleveland and across Ohio without the cooperation of the other party.
However, if the other party doesn’t wish to “press charges,” it is possible that the prosecution will choose not to issue formal charges. If there is not enough evidence of the assault without the testimony of the other party, the prosecution may not have a strong enough case to meet the “beyond a reasonable doubt” burden of proof. Instead of risking a not guilty verdict or the judge throwing the case out for lack of evidence, the prosecutor may decide to drop the case.
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What Are the Penalties If You Are Convicted of Assault?
In Ohio, the charge of simple assault is a first-degree misdemeanor. This means that it is punishable by up to 6 months in jail and up to $1,000 in fines. Depending on your circumstances, the level of the charge can increase. For instance, assault is a third-degree felony when it’s committed at a correctional facility upon an employee by someone incarcerated there. In this case, the crime is punishable by a prison term of up to 3 years and a fine of up to $10,000.
Negligent assault is a slightly lesser charge of a third-degree misdemeanor. Because of this, the potential sentence is also less, with a maximum jail sentence of 60 days and a fine of up to $500.
Felonious assault and aggravated assault are more serious charges. Aggravated assault is a fourth-degree felony and is punishable by up to 6 years in prison and a fine of up to $5,000. For felonious assault, this can increase to 8 years in prison and a fine of up to $20,000.
In some cases, additional penalties may apply. For example, a judge could order the defendant to pay restitution to the victim for any damages or expenses they incurred as a result of the altercation. The judge may also order the defendant to participate in anger management classes or substance abuse programs if the assault happened while the defendant was under the influence of alcohol or another substance.
Various nuances exist in Ohio’s assault law, and these can affect the potential conviction punishments. That is why it’s crucial to speak with an assault defense attorney in Cleveland about your case. Our team can help you understand your charges, the potential outcomes, and your legal options.
What Defense Strategies Can an Assault Lawyer Use in Assault Cases?
The defense options for assault charges generally come down to either arguing that you’re innocent or that you were justified in your actions. Below is an explanation of some of the most common assault defenses.
Self-Defense
Ohio law allows people to use physical force in self-defense or in defense of their property or others. There is also no duty to retreat before using that force, which is commonly known as a “stand your ground” law. However, self-defense is not always easy to prove.
To lawfully act in your own defense or in the defense of another, such as if you were to witness someone being assaulted, you must have the reasonable belief that you are at risk of physical harm, and you must use force that is proportionate to the situation. For example, if someone is coming toward you in a threatening manner and you have reason to believe that they are going to harm you, you may be justified in striking them.
No Reasonable Fear of Harm
For someone to be charged with assault, the alleged victim must have had reasonable fear for their safety. This means that most people in their situation would have believed they were in imminent danger of being harmed. If you can show that there was no reason for the alleged victim to believe they were going to be harmed, it may result in an acquittal.
Mutual Combat (Consent)
Assault charges don’t apply when both parties consent to the actions. This generally applies to mutual combat situations, such as martial arts, but it may also be able to be applied to a scenario where both parties agreed to a fight to settle their differences.
Innocence
The unfortunate truth is that sometimes the criminal justice system gets it wrong, and innocent people are accused of serious crimes. If there was a case of mistaken identity or you can prove that you weren’t at the location when the incident occurred or were not party to the altercation, it can be a strong defense.
Is It Possible to Plead Down Assault Charges?
Depending on the details of your case, it may be in your best interests to discuss the option of a plea bargain with your attorney. While many defendants wish to have the opportunity to argue their innocence in court, it’s important to be realistic about the evidence against you and the potential penalties you could face if you’re convicted.
If the evidence against you is very strong or you already confessed to investigators before retaining an attorney, it could be difficult to get an acquittal in court. However, an experienced attorney can work with the prosecution to determine if a plea deal is a possibility. This may help you get the charges reduced, such as a felonious assault downgraded to a simple assault or a simple assault charge downgraded to a disorderly conduct. Alternatively, you may plead guilty to the charge of assault in exchange for a reduced sentence.
A plea deal is something that should never be entered into lightly or without a full understanding of what you’re agreeing to. You will have a criminal conviction on your record as a result, and it’s important to be aware of the potential consequences this can have for other areas of your life. Your attorney will be able to explain this to you and ensure you have all of the details you need to make an informed decision.
Get Skilled Defense Representation From Our Cleveland Assault Lawyers
When you’re facing serious criminal charges like assault, you need a legal time that is ready and willing to fight for you. One of the most important things to look for in that representation is an attorney who has an extensive understanding of the assault laws in Ohio and experience working within the local court system. An experienced attorney is able to quickly evaluate your case and help you understand what options you have to fight the charges.
Hiring an attorney to represent you as soon as possible after your arrest also helps you protect your rights. Your attorney can be present during questioning to provide advice on what questions you should answer and how to cooperate with the authorities without saying or doing anything that could incriminate you. An attorney will also ensure that all of the proper procedures, such as being informed of your Miranda rights before questioning or not being subject to an illegal search and seizure, are followed.
If you’ve been charged with assault in Cleveland, call HMW Law to discuss your case. Together, we have handled thousands of criminal matters, and we know what it takes to fight charges and protect your rights. Call 216-369-1352 to reach our law firm and schedule an appointment with an assault lawyer. The sooner you reach out, the sooner we can start working on your case and in your defense.
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