Felonious Assault and Assault

There are various degrees of assault under Ohio law, which can constitute misdemeanors or felonies depending on a number of factors. The most serious is felonious assault. These cases are an assault where either a deadly weapon was used or which resulted in serious injuries. The most serious is an assault on a police officer which is a first degree felony, otherwise felonious assault is typically charged as a second degree felony. These cases carry a presumption of prison and a sentence of anywhere from 2-8 years. In order for the State to meet its burden it must show that a person intentionally acted in a way to injure another either by using a deadly weapon (which is a very broad term) or that resulted in serious injuries (again a very broad term). There are some defenses available, such as self defense, defense of others, or that it was an aggravated assault brought on by special circumstances. An experienced attorney can identify what issues may be present and develop a strategy for resolving these cases.

Aggravated assault is a fourth degree felony. It is essentially the same as felonious assault, only that the incident was brought on by the heat of the moment or some other aggravating circumstance which would make it less serious than a typical felonious assault case.

Finally, there is normal assault. This is a misdemeanor of the first degree and can result in six months in jail and a $1000 fine. These are cases where a fight occurred and someone either intended to cause physical harm or threatened to cause it. There is no requirement that it be serious physical harm for an assault charge to be brought against you.

It is important that you contact an attorney if facing any of these charges. Aside from the typical penalties these offenses may have other long-term consequences that could jeopardize your ability to work, obtain a job, carry a firearm, coach a child’s team, and many other things.

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