Felonious Assault Ohio Sentencing
Aggravated assault is one of the most serious assault charges. It occurs when a person commits felonious assault upon another person while under the influence of sudden passion or in a sudden fit of rage brought on by provocation.
If you are facing such charges, you need a seasoned Cleveland aggravated assault attorney to protect you from the serious consequences of an aggravated assault conviction. Contact us at 216-369-1352.
What Is Aggravated Assault Ohio?
Aggravated assault and felonious assault are nearly the same in regard to what constitutes the crime itself.
Specifically, aggravated assault entails the following:
- Being under the influence of sudden passion or in a sudden fit of rage
- Being in this state due to a serious provocation by the victim
- Being incited so much by the victim that the attacker is expected to use deadly force
- Attacking the victim knowingly
Aggravated assault is seen as a slightly lesser crime in Ohio due to the presence of serious provocation which served to incite a person to assault another. Since aggravated assault hinges on this, provocation needs to be considered serious to induce extreme emotion.
Don’t Face the Consequences Without Counsel
Aggravated assault carries a less serious penalty than felony assault but is still a felony and can result in 6 to 18 months in jail. Circumstances that can enhance the punishment include if a police officer was assaulted. It becomes a third-degree felony punishable by up to 3 years in jail. If a firearm was involved, a 3-year mandatory term must be imposed. In addition to time in jail, a person convicted of aggravated assault may have to face a criminal suit and/or pay restitution to the victim.
An arrest for aggravated assault is very serious and requires professional and seasoned legal defense. A conviction will make a person a felon for life, which can put a serious strain on an individual’s involvement in society. Call HMW Law right away and we can work to protect your future.