Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with aggravated assault in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson will discuss your case, assist you in fighting the charges, and help you achieve the best possible outcome. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your assault case.
Aggravated Assault Under Ohio Law
Aggravated assault in Ohio, pursuant to ORC 2903.12, is knowingly committing felonious assault while under the influence of sudden passion or in a sudden fit of rage brought on by serious provocation by the victim that is reasonably sufficient to incite a person into using deadly force. The alleged offender must:
- Cause serious physical harm to another person or their unborn child; or
- Cause or attempt to cause physical harm to another or their unborn child by means of a deadly weapon or dangerous ordnance.
A conviction for aggravated assault in Columbus or Delaware, Ohio can result in significant prison time and fines. Aggravated assault is classified as a 4th degree felony and can result in a maximum prison sentence of 18 months and a fine of $5000.
A 4th degree felony aggravated assault can escalate to a 3rd degree felony if certain conditions are met. If the victim of the assault was a peace officer or law enforcement, the aggravated assault will be classified as a 3rd degree felony. This carries a potential 9 months – 5 years in prison and a $10,000 fine.
If the offender pleads guilty to a specification under 2941.1423, the court will sentence the offender to a mandatory prison term under 2929.14(B)(8). This means that a person who commits aggravated assault against a person they know to be pregnant, the offender will face a mandatory 6 months in jail, in addition to other penalties.
The alleged offender will be charged with a 3rd degree felony if the victim was a peace officer or law enforcement, and the victim suffered serious physical harm. Under these circumstances, the court, pursuant to 2929.13(F), will impose a mandatory prison term of 9 months – 5 years.
Deferred or Suspended Sentence, Probation and Restitution for Assault Cases in Ohio
A Columbus or Delaware, Ohio court can impose a deferred or suspended sentence, along with probation, in an aggravated assault case. If the sentence is deferred, the court does not impose any prison sentence. Instead, the court will require that the offender complete probation, counseling, community service or other conditions. If the offender completes the required conditions and does not engage in any further criminal activity, the case is dismissed.
A court can also impose a suspended sentence on an offender, whereby all or a portion of the sentence is suspended as long as the offender completes the conditions the court imposes. These conditions can include probation, maintaining employment, and not engaging in any further criminal activity.
Probation can be imposed, whereby the offender must meet with a probation officer regularly and meet certain conditions, such as maintaining employment and avoiding any future criminal activity.
In addition to the criminal penalties a court can impose for aggravated assault, the court can also require the offender to pay restitution to the victim. This can be in the form of reimbursing the victim for medical bills related to the crime and counseling.
Options at Pretrial and Trial
If you are charged with aggravated assault in Columbus or Delaware, Ohio, an experienced criminal defense attorney can be a valued asset. Your attorney can investigate the charges against you and prepare a strong defense. If you believe that the prosecution is not presenting a favorable plea agreement, or you feel that you have been wrongly accused, your attorney can also prepare you for trial.
Criminal Defense Attorney – Columbus and Delaware, Ohio
Being charged with aggravated assault in Columbus or Delaware, Ohio can result in significant jail time and fines. If you have been charged with aggravated assault, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson will discuss your case and help you present the strongest defense possible. Call (614) 987-0192 or send an email to discuss your assault case.