Assault Charges in Ohio

Assault charges are serious and can result in significant jail time and fines in Ohio without an experienced criminal defense attorney at your side.

stop-1131143_640Assault is a serious crime resulting in a charge that can have a significant impact on your life. In Ohio, any type of assault is considered a violent crime; consequently, a criminal defense attorney experienced in defending people charged with assault is essential.

Felonious Assault

Felonious assault is a serious crime. To be charged with felonious assault, you must be suspected of having knowingly caused serious physical harm to another person or to an unborn child, or be suspected of causing or attempting to cause serious physical harm with a deadly weapon or firearm (known as “dangerous ordinance”). This is a second-degree felony, but if the victim is a law enforcement officer, you will face a first-degree felony charge.

In Ohio you can also be charged with felonious assault if you engage in sexual intercourse with another person if you are HIV positive – without informing the other person of your HIV status, or if the other person lacks the mental capacity to understand the risks involved, or if the other person is under 18 and they are not your spouse.

Aggravated Assault

Aggravated assault is a fourth-degree felony and is similar to felonious assault in that you must be suspected of attempting to cause serious physical harm to another person or to an unborn child. However, to be charged with aggravated assault, you must be suspected of being in an emotional state or in a sudden rage when committing the offense, and the emotional state must somehow have been caused by the victim.  If the victim is a law enforcement officer the aggravated assault is a second-degree felony

Other Forms of Assault

You can be charged with negligent assault if you negligently cause physical harm with a deadly weapon to another or to an unborn child. Domestic violence falls under the category of negligent assault in Ohio. If you knowingly or recklessly cause or attempt to cause physical harm to a family or household member, or if you use or threaten force that causes a family or household member to believe they are in danger, you can be charged with this crime.

Penalties for Assault

The penalties for assault depend on the type of assault you are charged with and are as follows:

  • First-degree felonious assault: the punishment is three to eleven years in prison and a fine of up to $20,000.
  • Second-degree felonious assault: the punishment is two to eight years in prison and a fine of up to $15,000.
  • Fourth-degree aggravated assault: the punishment is six months to eighteen months in prison with a fine up to $5,000.
  • Simple assault: the punishment is up to 180 days in jail and a fine of up to $1,000.
  • Misdemeanor negligent assault: the punishment is up to sixty days in jail and a fine of up to $500.

The sentence for any form of assault can be even more severe if you knew that the victim was pregnant, if shots were fired nearby a school or residence, from a vehicle, or if body armor was used during the crime. You can also be responsible for paying restitution, meaning that you have to cover expenses for medical treatment, counseling, or property repairs of the victim(s).

If you are being charged with assault or other criminal charges, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Resisting Arrest in Ohio

Resisting arrest in Ohio can result in criminal charges. If convicted, you can be fined or jailed and have a permanent record. Resisting arrest is a felony.

resisting arrestThe criminal charge of resisting arrest can occur when a person interferes with a lawful arrest performed by a law enforcement officer. If you are prosecuted for resisting arrest in Ohio, the prosecutor must prove that you attempted to prevent officers from arresting you. Whether you are charged with a misdemeanor or felony resisting arrest depends on the specific facts involved in the case.

Misdemeanor Resisting Arrest Charges in Ohio

You can be charged with a second-degree misdemeanor resisting arrest in Ohio if you have, recklessly or by force, resisted or interfered with your own lawful arrest or the arrest of another. In Ohio, a second-degree misdemeanor is punishable by up to 90 days in jail and a fine not to exceed $750.  This charge is escalated to a first-degree misdemeanor if you have, recklessly or by force, resisted or interfered with your own lawful arrest or the arrest of another, and during the course of that resistance or interference, you caused physical harm to the arresting officer. A first-degree misdemeanor is punishable by up to 180 days in jail and a fine not to exceed $1,000.

Felony Resisting Arrest Charges in Ohio

A fourth-degree felony charge will apply to resisting arrest in Ohio if, during your resistance, you cause physical harm to the officer while using a deadly weapon. Even if you do not use the weapon to cause harm to the officer but simply possess a deadly weapon, you can be charged with felony resisting arrest. Even threatening the officer with a deadly weapon while resisting arrest can result in a felony charge. In Ohio, a fourth-degree felony is punishable from 6 to 18 months in prison and a fine not to exceed $5,000.

Proving Resisting Arrest Charges in Ohio

Resisting arrest charges have to be proven by the prosecutor, and in order to be convicted for resisting arrest charges, the officer must first demonstrate that the arrest was lawful. That is the defendant must have been informed that they were being arrested, and that upon receiving that information, interfered with the arrest. Without these requirements being met, you cannot be convicted with resisting arrest in Ohio.

It’s important to note that simply telling an officer that you won’t go with them does not constitute resisting arrest, and even people who have ran from police have not been charged with resisting arrest in Ohio. In order to avoid unfair charges when resisting arrest did not actually occur, it’s critical that you speak with an experienced criminal defense attorney.

If you are being charged with resisting arrest or other criminal charges, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

Reduce Your Legal Expenses by Choosing a Smaller Law Firm

If you have ever watched some of the most popular legal shows, whether you were an “LA Law” fan or prefer “The Good Wife,” you may get the idea that the law is exciting and full of intrigue at every turn. While there are moments of excitement for every attorney, the reality is that is that most lawyers often work very long hours both during the week and on the weekend.

Attorneys, in private practice, generally either work for large law firms that employ many attorneys (let’s say over ten) or a smaller law firm with less than ten attorneys. The larger law firms generally come with a lot of overhead expenses. There are the large offices, the high downtown rent and parking, the salaries for the partners, associates, paralegals, administrative assistants, etc. While higher hourly rates for a large law firm’s partners and associates may be charged for the knowledge and skill of the attorney assigned to your case (and the complexity of the case), the large law firms also charges higher hourly rates to cover its many overhead expenses.

A small firm or solo practitioner, with same knowledge and professional skills as a partner in a large firm, will also provide excellent legal representation while often charging a much lower hourly rate because of lower overhead (smaller offices, lower rent, etc.) and fewer employee paychecks to distribute.

As an attorney, associated with a smaller law firm and with over 23 years of legal experience, I provide affordable and competent criminal defense and civil litigation services to a variety of clients in Cleveland and around Ohio. If you have a legal question or concern, contact Cleveland Ohio criminal and civil attorney Jeff Hastings for a free consultation.