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Assault

A handful of offenses fall under the assault spectrum. Click below to find out how someone may be charged with them.

To be charged with assault, you must have done one of the following:
  • Knowingly caused physical harm to someone else or their unborn child
  • Recklessly caused serious physical harm to someone else or their unborn child
Felonious assault, as you might guess, involves harsher conduct. You must do one of the following to be charged with it:
  • 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
In addition to these qualifications, you can also be charged if you know that you’re HIV-positive and do any of the following:
  • Have any sort of sexual contact with someone else without disclosing your status beforehand
  • Have any sort of sexual contact with someone who lacks the mental capacity to understand the significance of that fact that you’re HIV-positive
  • Have any sort of sexual contact with someone under 18 who’s not your spouse
Aggravated vehicular assault involves operating or helping operate a vehicle (car, boat, plane, etc.) while causing serious physical harm to someone or their unborn child in any of the following ways:
  • Under the influence of alcohol or drugs
  • Flying a plane without a license when there are passengers
  • Flying a plane recklessly or carelessly
  • Tampering with or removing airport or landing field runway markings
  • Driving or helping drive recklessly in a construction zone
  • Driving or helping drive recklessly in general
  • Speeding in a construction zone
To commit aggravated assault, you must have knowingly done one of the following while under the influence of “sudden passion or [...] a sudden fit of rage,” provoked by the victim:
  • Caused 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

Every day in central Ohio people are charged with assault offenses. Assault charges can range from a first degree misdemeanor, punishable by up to 180 days in jail to a first degree felony punishable by up to 11 years in prison.

If you are convicted of assault, additional potential issues include:

  • Maintaining your current employment
  • Licensure issues in some professions
  • Difficulty getting a good job in the future
  • Difficulty and possible denial in immigration and naturalization proceedings
Simply put, if you are convicted of an assault offense, it will be on your criminal background for the rest of your life. No matter what the circumstances were in your case, you run the risk of being considered a violent offender for the rest of your life. Therefore, it is critical that you to give your assault charge the level of importance it deserves.

The Columbus Criminal Defense team takes a two pronged approach to all assault cases. First and foremost, you will need a bond. Generally, you will be arrested when charged with assault. If not, the charge(s) will be filed as a warrant and you will have to turn yourself in. We will represent you at your initial bond hearing and look to secure a favorable bond and your release from jail.

Thereafter we will figure out what mistakes the police or detectives made, whether the prosecuting witness is fabricating the charges and what other legal issues can be raised on your behalf.

We do this by requesting discovery from the prosecutor and interviewing witnesses. The discovery will generally consist of police reports, additional investigative notes, pictures and recorded interviews. As our client, you will receive a copy of everything received from the prosecutor for your review.

Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.

If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

For nearly ten years, the Columbus Criminal Defense team has successfully represented clients on assault charges. That extensive previous experience will enable us to better help you.

Contact us today!

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If you’ve been charged with any of these offenses, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced assault attorney to fight for you in court, please contact us at or via email at advice@columbuscriminalattorney.com.

Assault

This is a misdemeanor of the first degree and carries the following penalties:
  • A jail sentence of up to 180 days
    • If the victim was pregnant, you will face a mandatory jail sentence of at least 30 days
  • At most, a fine of $1,000
This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
    • If the victim was pregnant, your prison term may be mandatory
  • At most, a fine of $5,000
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
    • If the victim was pregnant, your prison term may be mandatory
  • A fine of $5,000 to $10,000
This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
    • If the victim was pregnant, your prison term may be mandatory
  • At most, a fine of $5,000
This is a felony of the fourth degree and carries the following penalties:
  • A mandatory prison sentence ranging from one year to 18 months
  • At most, a fine of $5,000
This is a felony of the fifth degree and carries the following penalties:
  • A prison term of six months to one year
    • In its place, your judge may sentence you to probation or other community control punishments
    • If the victim was pregnant, your prison term may be mandatory
  • At most, a fine of $2,500
This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
    • If the victim was pregnant, your prison term may be mandatory
  • At most, a fine of $5,000
If any of the following is true, it’s a felony of the fifth degree:
  • It happens at a prison or juvenile hall, and is directed toward someone employed there or a visitor
  • Same as above, but off-grounds
  • It happens at a local jail, and is directed toward someone employed there or a visitor
  • Same as above, but off-grounds
  • The victim is a teacher, school administrator or school bus driver and it occurred at a school, on school grounds, in a school building, on a school bus, or anywhere off-grounds where they would be required to do their job, such as on a field trip

The penalties are as follows:

  • A prison term of six months to one year
    • In its place, your judge may sentence you to probation or other community control punishments
    • If the victim was pregnant, your prison term may be mandatory
  • At most, a fine of $2,500

Felonious assault

This is a felony of the second degree and carries the following penalties:
  • A prison term of two to eight years
    • If the victim was pregnant, your prison term may be mandatory
  • A fine of $7,500 to $15,000
  • If the deadly weapon used was a vehicle, your license will be suspended for three years to life
This is a felony of the second degree and carries the following penalties:
  • A prison term of three to 11 years
    • If the victim was pregnant or you caused serious physical harm to them, the prison term may be mandatory
  • A fine of $10,000 to $20,000
  • If the deadly weapon used was a vehicle, your license will be suspended for three years to life

Vehicular assault

If any of the below apply, it’s a felony of the second degree:
  • You have three or more prior OVI / DUI convictions, whether they be from operating a motor vehicle or water craft
  • You have three or more previous unsafe operation of aircraft convictions
  • Combining the above two, you have three or more prior violations
  • You were driving with a suspended license
  • You’ve previously been charged with any traffic-related homicide, manslaughter or assault offense
  • You’ve previously been charged with any of these

The penalties are as follows:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Suspension of your driver’s license for one to five years
    • If you have a prior traffic-related assault, felonious assault, manslaughter, homicide, attempted murder or murder conviction, it’ll be suspended for three years to life

If none of the above applies, it’s a felony of the third degree and carries the following penalties:

  • A mandatory prison term of nine months to three years
  • A fine of $5,000 to $10,000
  • Suspension of your driver’s license for one to five years
    • If you have a prior traffic-related assault, felonious assault, manslaughter, homicide, attempted murder or murder conviction, it’ll be suspended for three years to life
This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
    • If you have a prior vehicular homicide/manslaughter conviction, or if you were driving with a suspended license, the prison term will be mandatory
  • At most, a fine of $5,000
  • Suspension of your driver’s license for one to five years
    • If you have a prior traffic-related assault, felonious assault, manslaughter, homicide, attempted murder or murder conviction, it’ll be suspended for three years to life
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
    • If you have a prior vehicular homicide/manslaughter conviction, or if you were driving with a suspended license, the prison term will be mandatory
  • A fine of $5,000 to $10,000
  • Suspension of your driver’s license for three years to life
This is a misdemeanor of the first degree and carries the following penalties:
  • A mandatory jail sentence of seven to 180 days
  • At most, a fine of $1,000
  • Suspension of your driver’s license for one to five years
    • If you have a prior traffic-related assault, felonious assault, manslaughter, homicide, attempted murder or murder conviction, it’ll be suspended for three years to life
This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
    • If you have a prior vehicular homicide/manslaughter conviction, or if you were driving with a suspended license, the prison term will be mandatory
  • At most, a fine of $5,000
  • Suspension of your driver’s license for three years to life

Aggravated Assault

This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
    • If the victim was pregnant, this may be mandatory
  • At most, a fine of $5,000
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
    • If the victim was pregnant or you caused serious physical harm to them, the prison term may be mandatory
  • A fine of $5,000 to $10,000
Have a question we didn’t answer below? Feel free to email us or call us and we’ll help you out.

You are allowed to buy a gun if it is a misdemeanor assault charge, but if it’s a felony, you won’t be able to.

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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FAX: (614) 413-2886