Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with assault in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson will discuss your case, assist you in fighting the charges, and help you achieve the best possible outcome. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your assault case.
Assault Under Ohio Law
Assault in Ohio, pursuant to ORC 2903.13, is knowingly causing or attempting to cause physical harm to another or another’s unborn child. Additionally, recklessly causing serious physical harm to another or another’s unborn child is also assault.
A conviction for assault in Columbus or Delaware, Ohio can result in serious jail time and fines. Assault is classified as a 1st degree misdemeanor, which carries a maximum 6 months in jail and a $1000 fine.
An assault charge can escalate to a felony if certain conditions are met. If the offender is a caretaker and the victim of the assault is a functionally impaired person under the caretaker’s care, assault is a 4th degree felony. If the offense is committed by a caretaker and:
- The victim is a functionally impaired person under the caretaker’s care;
- The offender previously has been convicted of to a violation under ORC 2903.11 or 2903.16; and
- If the previous conviction the offender was a caretaker and the victim a functionally impaired person under the caretaker’s care, assault is a 3rd degree felony.
If the offense is committed in a state correctional facility, the victim of the offense is an employee of that facility, and the offender is incarcerated in that facility, assault is a 3rd degree felony.
In addition to the assault offense escalations outlined above, an assault committed against a school employee, police officer, emergency medical personnel, firefighter and children services employees can result in a 3rd, 4th or 5th degree felony assault charge. The level of assault charge will depend on the type of victim, the offender’s previous criminal history, and the particular circumstances of the case. The penalties for such actions are prison for 6 months – 5 years, a fine of $2500 – $10,000.
Deferred or Suspended Sentence, Probation and Restitution for Ohio Assault Cases
A Columbus or Delaware, Ohio court can impose a deferred or suspended sentence, along with probation, in an assault case. If the sentence is deferred, the court does not impose any prison sentence. Instead, the court will require that the offender complete probation, counseling, community service or other conditions. If the offender completes the required conditions and does not engage in any further criminal activity, the case is dismissed.
A court can also impose a suspended sentence on an offender, whereby all or a portion of the sentence is suspended as long as the offender completes the conditions the court imposes. These conditions can include probation, maintaining employment, and not engaging in any further criminal activity.
Probation can be imposed, whereby the offender must meet with a probation officer regularly and meet certain conditions, such as maintaining employment and avoiding any future criminal activity.
In addition to the criminal penalties a court can impose for assault, the court can also require the offender to pay restitution to the victim. This can be in the form of reimbursing the victim for medical bills related to the crime and counseling.
Options at Pretrial and Trial
If you are charged with assault in Columbus or Delaware, Ohio, an experienced criminal defense attorney can be a valued asset. Your attorney can investigate the charges against you and prepare a strong defense. If you believe that the prosecution is not presenting a favorable plea agreement, or you feel that you have been wrongly accused, your attorney can also prepare you for trial.
Criminal Defense Attorney – Columbus and Delaware, Ohio
Being charged with assault in Columbus or Delaware, Ohio can result in significant jail time and fines. If you have been charged with assault, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson will discuss your case and help you present the strongest defense possible. Call (614) 987-0192 or send an email to discuss your assault case.