Felony & Aggravated Assault Charge Lawyer in Columbus, OH

Columbus Aggravated Assault Attorney

Causing or attempting to cause harm to another person or an unborn child is considered assault in Ohio. The more severe the alleged conduct, the harsher the criminal charges and penalties.

If you or a loved one is charged with felony assault or aggravated assault, contact the Columbus criminal defense attorneys with Luftman, Heck, and Associates immediately. To schedule a free initial consultation, contact us at (614) 304-3404. We’ll review what led to your felony or aggravated assault charges and what to expect when you’re arrested for assault.

Felony Assault Charges in Columbus, Ohio

According to Ohio Revised Code § 2903.12, to be charged with felony assault in Ohio, you must:

• Cause serious physical harm to someone or their unborn child
• Cause physical harm to someone or their unborn child with a deadly weapon or dangerous artillery

You can also be charged with felonious assault if you know you are HIV-positive and do any of the following:

• Have sexual contact with someone without disclosing your status beforehand
• Have sexual contact with someone who lacks the mental capacity to understand the significance of your HIV status
• Have sexual contact with someone under 18 who’s not your spouse

Felonious Assault Penalties in Ohio

When the above criteria are met, assault becomes a second-degree felony, punishable with a prison term of two to eight years. If the victim was pregnant, your prison term may be mandatory and include a fine of $7,500 to $15,000. If the deadly weapon used was a vehicle, your driver’s license will also be suspended for three years to life.

If the victim was a police officer or investigator, it is a felony of the second degree and carries a prison term of three to 11 years.

Aggravated Assault in Columbus, Ohio

To commit aggravated assault, you must knowingly do one of the following while under the influence of “sudden passion or […] a sudden fit of rage” provoked by the victim:

• Cause serious physical harm to someone or their unborn child
• Cause physical harm to someone or their unborn child with a deadly weapon or dangerous artillery

Penalties for Aggravated Assault in Ohio

Aggravated assault is commonly charged as a fourth-degree felony, carrying a maximum fine of $5,000 and a prison term of six to 18 months. The judge in your case may sentence you to probation, community service, or other conditions depending on circumstances. However, a prison sentence may be mandatory if the victim is pregnant and you were aware of it.

If the victim was a police officer or investigator, aggravated assault becomes a felony of the third degree. This carries a prison term of nine months to three years and a fine of $5,000 to $10,000.

Defenses to Felonious Assault Charges in Columbus, Ohio

An aggravated or felonious assault charge could damage your reputation and future. Strong legal representation can help secure a more desirable outcome and keep your life intact. Your felonious assault lawyer will examine your case to build a solid defense, potentially reducing or dismissing your charges entirely.

Common ways to defend against felony assault include:

• Lack of intent – The alleged conduct was an accident, and you did not intend to cause harm
• Consent – The victim gave you consent to perform the alleged conduct
• Insufficient evidence – There is a lack of solid evidence that suggests you committed the crime
• Self-Defense – Your actions were meant to protect yourself or someone else from harm
• Constitutional rights violation – The police violated your rights during the arrest or investigation. If this occurs, evidence they gathered unlawfully can be dismissed.
• Mistaken Identity – Someone else is the perpetrator, but you were mistaken for them

Felony & Aggravated Assault FAQs

Will I Go to Jail for Felonious or Aggravated Assault?

If you face a felony assault charge, prison time may be unavoidable. Mandatory prison sentences are outlined in the Ohio Revised Code Section 2929.14. However, the outcome of your assault charge depends on your case. Your aggravated assault attorney can help examine your circumstances to best defend you, potentially reducing or eliminating your prison sentence.

Can Felonious or Aggravated Assault Charges Be Expunged in Ohio?

According to Ohio Revised Code, felony charges for violent crimes cannot be expunged. This includes aggravated assault and felonious assault. However, if you are convicted of first-degree misdemeanor assault, you may be eligible for expunction.

Can Felony Assault Be Reduced to Simple Assault in Ohio?

In Ohio, if a situation does fit under the strict definition of aggravated or felonious assault, it can be charged as simple assault. Simple assaults often carry lower consequences, typically considered a misdemeanor. First-degree misdemeanors can have a max sentence of 180 days in jail and a fine of no more than $1,000. A defense attorney can better explain if your case may qualify for a reduction to a lesser offense.

How Can a Columbus Aggravated Assault Attorney Help?

An experienced aggravated assault attorney will build your defense strategy through evidence that suggests you did not commit assault and by advocating for your interest. It is possible police did not gather enough evidence or misinterpreted the facts.

There may be an additional bystander who can prove you were acting in self-defense or were misidentified. Sometimes, one small detail in an assault case can reveal new evidence, allow for a reduction, or otherwise help secure a favorable outcome in your case.

Schedule a Free Consultation With Our Aggravated Assault Lawyers Today

Aggravated assault and felony assault are severe charges with harsh penalties. If you or a loved one have been arrested or accused of felonious assault in Columbus, Ohio, you need an experienced defense lawyer as soon as possible. Let LHA answer your questions and help protect you.

Call (614) 304-3404 for a free and confidential consultation.