Every individual has a right to live a life free of physical harm or the threat of harm. That right has been codified into law: “No person shall knowingly or recklessly cause or attempt to cause physical harm to another or another’s unborn” (Ohio Revised Code 2903.13). Breaking this law is assault and battery, and if you’ve been charged, you need to consult a defense lawyer.
The charges used to name intentional physical harm or threat to harm a person can be confusing.
Assault is to cause or attempt to cause physical harm to someone.
Aggravated assault is the threat of physical harm with a deadly weapon like a gun, knife or blunt instrument. This term is also sometimes used to classify assault that results in serious bodily injury. Aggravated assault is classified as such when the act or threat occurred while a person was “under the influence of sudden passion or in a sudden fit of rage”.
Felonious assault is similar to aggravated assault except that the harm or threat of harm with a deadly weapon did not occur when emotions were running high.
If you are facing misdemeanor or felonious assault charges and have questions about your case, contact us for a CONSULTATION. Call (330) 334-6345 today!
Some assault charges may be first class misdemeanors, but others can be assault charges of the fifth, fourth, third, second or first degree. Assault charges can be escalated if the offense was committed by a caretaker against a functionally impaired person, such as a child, elder or mentally ill or disabled individual. Assault charges can also be increased if committed against a police officer or medical care provider. Felonious assault and battery may also be escalated if committed by someone who has a previous conviction of a similar offense.
Assault and Battery Defenses
There are reasonable defenses to counter assault and battery charges. For instance, assault may have been committed as a means of self defense against home invasion or theft. Some physical injury may have resulted from an accident, not an intention to harm someone else.
In order to understand the circumstances surrounding your case and construct the best defense possible, it’s important that you contact an attorney immediately. An experienced assault lawyer can help fight to get charges dismissed or reduced.
We have helped Wooster, OH area clients fight assault and battery cases. We have helped clients get their assault charges reduced and have gone to jury trial. We know Ohio laws, and we know how to protect our client’s rights and best interests.