Facing any kind of criminal charge can be a stressful experience. Even a misdemeanor conviction can cause a host of negative impacts on your life for many years to come. Assault charges not only carry the potential for significant fines and time served behind bars but can also impact your social and financial standing.
Having the guidance of a trusted assault defense attorney can make all the difference in your chances of resolving your case in the most favorable way possible under the circumstances. Reach out to our team today to speak with a Toledo aggravated assault lawyer to begin reviewing the details of your situation.
What Is Aggravated Assault?
Ohio laws define different types of assault charges. Ohio has simple assault, aggravated assault, and felonious assault. While each classification has distinguishable differences, assault, in general, is knowingly or recklessly causing or attempting to cause physical harm to another person.
For aggravated assault, the law states no person, while under the influence of a sudden passion or fit of rage brought on by serious provocation by the victim, shall knowingly cause serious physical harm to another (including an unborn baby) or attempt to cause physical harm to another by means of a deadly weapon. This differs from other assault charges in that an aggravated assault results after provocation. The distinction is crucial as this type of assault carries a lower penalty than felonious assault, which covers the same actions, but without the alleged defendant having been provoked in any way.
Additionally, the person accused of aggravated assault must act knowingly. In these circumstances, this means being aware that their conduct will probably cause a certain result or will be of a certain nature. A trusted Toledo attorney can help someone facing aggravated assault charges to understand their legal options and determine the best course of action for mitigating or fighting the charges.
Penalties for Aggravated Assault
Most aggravated assaults are commonly charged as fourth-degree felonies. Potential penalties upon conviction include six to 18 months in prison, fines of up to $5,000, and a probationary period of up to five years with three years of post-release control.
For a free legal consultation with a aggravated lawyer serving Toledo, call (419) 930-3030
Potential Aggravated Assault Defenses
For an aggravated assault conviction, prosecutors need to prove three elements, including the alleged injuries or harm, that the assailant acted knowingly, and that the victim’s conduct brought about a fit of rage. Prosecutors will use videos if they have them and may present medical records to establish the extent of injuries. They will also use the testimony of the victim or other witnesses or statements made by the defendant.
Some of the ways a Toledo attorney can refute aggravated assault charges include attacking this evidence or claiming mistaken identity, as well as arguing a lack of offense or intent or a violation of the defendant’s rights. We can also bring an argument of self-defense in some instances. Working with skilled legal representation is key. Often, people who try to represent themselves with a self-defense claim do not realize that they are essentially admitting to the offense without a properly structured defense plan.
Criminal Defense Lawyer Near Me (419) 930-3030
Let a Toledo Aggravated Assault Attorney Help
Assault charges should always be taken seriously. A Toledo aggravated assault lawyer from Groth & Associates Attorneys at Law can work with you to build a strong defense and diminish the impact these charges have on your life and your future. Call today to speak with our team to learn more about how we can help.