Columbus Assault Defense Lawyer

Our Columbus assault defense lawyers handle various types of assault cases, including:

Simple Assault (2903.13)

Simple assault is the act of knowingly or recklessly causing or attempting to cause physical harm to another person or their unborn child in Ohio. This crime is charged when there are not any aggravating factors to elevate it to a more serious offense. This crime is considered a first-degree misdemeanor in Ohio, which carries a maximum sentence of six months in jail and a fine of $1,000.

Aggravated Assault (O.R.C. 2903.12)

Aggravated assault can be charged when a person knowingly causes or attempts to cause serious physical harm to another person or their unborn child by using a deadly weapon or dangerous ordnance. This offense is charged as a fourth-degree felony in Ohio, which carries a potential prison sentence of between 18 months and six years, along with up to $5,000 in fines.

Negligent Assault (O.R.C. 2903.14)

Negligent assault occurs when a person negligently uses a deadly weapon or dangerous ordnance that causes physical harm to another person or their unborn child. This offense is considered a third-degree misdemeanor in Ohio, which carries up to 60 days in jail and a fine of up to $500.

Felonious Assault (O.R.C. 2903.11)

As explained above, assault is usually charged as a misdemeanor offense. However, there are factors that can elevate assault to the more serious crime of felonious assault, including:

• Knowingly causing serious physical harm to another – Knowingly doing something is a more culpable mental state than recklessly or negligently doing it. Because of this, a person who knowingly causes serious physical harm to another can face felony charges.
• Knowingly using a deadly weapon or dangerous ordnance – Likewise, a person who knowingly uses a deadly weapon like a gun or explosive can result in serious felonious assault charges.
• Knowingly transmitting AIDS – Under Ohio law, it is also considered a felonious fault when someone who knows they have AIDS engages in sexual acts with another person that can lead to transmission of the disease without letting their sexual partner know of their status or with someone under 18 years old or with a mental incapacity that prevents them from understanding the person has AIDS.

Felonious assault is often charged as a second-degree felony, which carries a maximum sentence of 12 years imprisonment and a fine of up to $15,000. The sentence can be up to 16 and a half years and a fine up to $20,000 if the offense is charged as a first-degree felony, such as if the victim is a law enforcement official.

If a vehicle was the deadly weapon to commit the assault, the defendant can lose their driving privileges for anywhere from three years to life, in addition to other penalties.

Menacing (O.R.C. 2903.22)

Menacing refers to the act of knowingly causing a person to feel a threat of physical harm, damage to their property, or harm to their family. This offense is considered a fourth-degree misdemeanor and carries a potential sentence of 70 days in jail and a fine of $250.

Aggravated menacing can be charged under the same circumstances but when serious physical harm is threatened. This offense is considered a first-degree misdemeanor, carrying a maximum six-month jail sentence and a fine of $1,000.

Meanwhile, aggravated menacing by stalking involves a defendant who knowingly engages in a pattern of conduct that causes the victim to believe they will experience physical harm. This offense is also considered a first-degree misdemeanor and carries a maximum six-month jail sentence and a fine of $1,000.

Vehicular Assault (O.R.C. 2903.08)

Vehicular assault charges can apply when a person causes serious injury to another person by doing any of the following:

• Driving recklessly
• Violating certain traffic laws
• Driving under the influence of drugs or alcohol
• Injuring someone in a construction zone because of reckless driving or speeding

Vehicular assault is a fourth-degree felony in Ohio, with a maximum sentence of up to 18 months imprisonment and a loss of driving privileges for five years.

Aggravated Vehicular Assault (O.R.C. 2903.08)

Vehicular assault charges can apply when a person causes serious physical harm to another person by any of the same acts as contemplated for regular vehicular assault. This more serious offense can result in imprisonment up to five years and a loss of driving privileges for ten years.

Vehicular Manslaughter (O.R.C. 2903.06)

If the defendant was committing a minor misdemeanor traffic offense and caused the death of another person, they can be charged with vehicular manslaughter, which carries a maximum sentence of 90 days and a license suspension of up to three years.