Cleveland Aggravated Assault Lawyers

Providing Legal Counsel for Those Accused of Aggravated Assault

Humans are emotional creatures, and everyone has had at least one instance where those emotions got the best of them. It is possible to act in a way you wouldn’t normally when you are provoked or see something deeply upsetting. When those emotions cause someone to lash out and physically harm another person, criminal charges of aggravated assault may follow.

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?

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. It is a lesser charge than felonious assault because some leeway is given to the accused based on the fact that they were in an emotional state and may not have been thinking or acting clearly. However, this doesn’t mean that the charges or the potential penalties aren’t severe. Aggravated assault is a fourth-degree felony in most cases, but this can be updated to a third-degree felony if the act was committed against a peace officer.

Aggravated vehicular assault is a related charge that is possible if someone causes serious physical harm to another while operating an automobile or another type of vehicle, such as a boat, a train, or an aircraft. In this case, serious physical harm is defined by the law as anything that carries a significant risk of death or could incapacitate a person in some way, whether temporarily or permanently. Aggravated vehicular assault is generally a third-degree felony. However, there are some specific criteria, such as having a period conviction, that can elevate this to a second-degree felony.

What Is the Difference Between Felonious Assault and Aggravated Assault?

Felonious assault and aggravated assault are both more serious charges than simple assault, but it can be confusing to understand the differences between these two charges and when they apply. To be charged with felonious assault, someone must either have caused serious physical harm to another person or to an unborn child.

Alternatively, felonious assault charges can apply when a deadly weapon or dangerous ordnance is involved. This is true even if the alleged victim doesn’t sustain serious injuries or even if the defendant is accused of only attempting to harm the other person. The mere presence of a deadly weapon during an alleged assault allows the charge to be elevated to felonious assault. Felonious assault charges can also apply in some specific circumstances, such as engaging in sexual conduct without disclosing that you are HIV positive.

Aggravated assault is very similar to felonious assault in that the same circumstances must apply of either serious physical harm to the victim or the presence of a deadly weapon or dangerous ordnance. However, someone is charged with aggravated assault when these things happen when the defendant was in a sudden passion or was incited into a fit of rage.

For example, if someone were to come home and find their spouse cheating on them before assaulting the other party, this could be considered aggravated assault. Catching your spouse in the act of infidelity could reasonably cause someone to be incited into a fit of rage and commit an act they otherwise would not.

Aggravated assault is seen as a slightly lesser crime than felonious assault in Ohio due to the presence of serious provocation, which served to incite a person to assault another.

What Are the Penalties for an Aggravated Assault Conviction in Ohio?

Aggravated assault carries a less serious penalty than felony assault, but it is still a felony and can result in up to 18 months in prison and a fine of up to $5,000 for a fourth-degree felony. Circumstances that can enhance the punishment include if a police officer was assaulted. In this case, it becomes a third-degree felony, which is punishable by up to 3 years in prison. If a firearm was involved, a 3-year mandatory term must be imposed, and the maximum prison sentence is increased to a potential 5 years. In addition to time in jail, a person convicted of aggravated assault may have to face a civil suit and/or pay restitution to the victim.

It’s important to understand that the penalties for having a felony conviction on your record go far beyond time spent behind bars or a hefty fine. Having a felony criminal record can impact what jobs you are able to get and what industries you can work in. It can make it more difficult to find employment when you are released, and it can be harder to integrate back into regular society.

If you are sentenced to a lengthy prison term, you may also face challenges in your relationships with friends and family. For example, having a violent felony conviction on your record could impact an existing child custody case, severely restricting your ability to see your children. While it’s not pleasant to think about, it’s critical that defendants understand what they’re up against so that they can make informed decisions regarding their defense and be active partners with their legal representation. An arrest for aggravated assault is very serious and requires professional and seasoned legal defense.

What Are the Defense Options for an Aggravated Assault Charge?

There are various defense strategies that can be used in aggravated assault cases. Your attorney will discuss all of your options with you to help you understand their recommendation based on your circumstances, any existing criminal record, and the evidence the prosecution has against you. Any of these strategies may be an option for your case.

Demonstrating Lack of Serious Physical Harm or the Use of Deadly Weapon or Dangerous Ordnance

Aggravated assault charges rely on either the defendant having a deadly weapon or dangerous ordnance during the incident or the victim sustaining serious physical harm. If you can show that neither of these aggravated factors were present, it may be possible to get the charge reduced to simple assault.

Soft tissue injuries, such as minor cuts or small burns, are generally not considered serious physical harm. Even something more significant, like a minor concussion, may not meet this threshold if it is resolved quickly and without any long-term or incapacitating effects on the other party.

Keep in mind that it’s possible for an alleged victim to lie about or misrepresent the extent of their injuries. As we work on your defense, our team will investigate the other party, including subpoenaing medical records, if necessary, to determine if the incident actually led to serious physical harm.

Similarly, any deadly weapon or dangerous ordnance you are accused of having during the incident must meet the legal definition. A deadly weapon means that it must be capable of inflicting death. Common examples are firearms and hunting knives. However, a pellet gun or paintball gun would usually not meet this definition. Today, it’s common for these nondeadly weapons to look very similar to their real counterparts, especially at a distance. If a witness believed that you had a real firearm but you can show it was actually something different, it could be a valid defense strategy.

Arguing That You Were Acting in Self-Defense, Defense of Property, or Defense of Others

In Ohio, citizens have the legal right to defend themselves, making self-defense a common strategy for these types of cases. Acting in defense of others, such as if you see someone else being assaulted and go to help, or defending your personal property, such as if someone is breaking into your home, are also legally protected.

A key component of using this defense strategy is being able to show that you had a reasonable fear for your safety. An attorney can help you understand what this entails and if you have enough evidence to support that you were acting in self-defense. If you can convince the jury that you acted in self-defense, they must acquit.

Having an Alibi

It’s common for assault cases to involve parties who know each other. And unfortunately, sometimes people lie about what happened as a way to try to get back at or punish someone. If the charge against you is based on a victim statement you know to be false, your defense strategy may focus on showing that you either weren’t present at the time of the alleged incident at all or that the other party is lying about what happened.

Uncovering Procedural Issues With the Investigation or Arrest

As a defendant in the criminal court system, you have specific rights. This includes the right to remain silent when being questioned by investigators without it being used against you in court later on. It also includes the right to legal representation and to have an attorney present when you are being interviewed by law enforcement officers. If there were any violations of these rights during the arrest, it can result in the charge being dismissed.

This is also possible if any of the evidence against you was obtained unlawfully, such as without a search warrant. Any evidence found through an illegal search and seizure is not admissible in court, and this can undermine the prosecution’s case enough that they have no choice but to drop the charges.

Is It Possible to Have an Assault Conviction Expunged?

Having a criminal conviction sealed or expunged can remove it from your record and ensure that it doesn’t come up on any background checks or affect other areas of your life. However, each state has different rules on what convictions can be sealed or expunged. In Ohio, an aggravated assault conviction is not eligible for sealing or expungement because it is considered a “felony offense of violence.”

This is why defendants need to work with Cleveland assault attorneys to ensure that they have done everything possible to avoid a felony conviction. For example, if the defense team is able to negotiate a plea deal that lowers the charge to simple assault, this conviction may be able to be expunged or sealed. Simple assault is a misdemeanor in most cases under Ohio law, and this makes it generally eligible for expungement or sealing — although there can be some exceptions.

If you’re concerned about how a felony conviction for aggravated assault could affect your life moving forward, the best thing you can do is hire an experienced and aggressive criminal defense lawyer to fight for you.

Contact the Team at HMW Law Today

Aggravated assault is a serious felony charge, and the penalties if you are convicted can change your life forever. When your freedom and future are on the line, you need a legal team that will fight for you. At HMW Law, our attorneys have helped clients throughout Cleveland successfully fight these accusations, resulting in a positive outcome. Call the team at HMW Law today at 216-369-1352 so we can get started on your case right away.