Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with felonious 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.
Felonious Assault Under Ohio Law
Felonious assault in Ohio, pursuant to ORC 2903.11, is knowingly causing serious physical harm to another or another’s unborn child, or causing or attempting to cause harm to another or another’s unborn child by means of a deadly weapon.
Ohio also classifies engaging in sexual conduct with another when the person knows that he or she is HIV positive as felonious assault if:
- The HIV positive person does not inform the other person of their status;
- The other person lacks the mental capacity to understand the risks; or
- The other person is under 18 and not a spouse.
A conviction for felonious assault in Columbus or Delaware, Ohio can result in significant prison time and fines. Felonious assault is classified as a 2nd degree felony and can result in a prison sentence of 2-8 years and a fine of up to $15,000.
A 2nd degree felonious assault can escalate to a 1st degree if certain conditions are met. If the victim of the felonious assault was a peace officer or law enforcement, the felonious assault will be classified as a 1st degree felony. This charge carries a potential 3-11 years in prison, with a minimum 3 year sentence, and a fine of up to $20,000.
Felonious assault can also escalate to a 1st degree felony if the victim was pregnant at the time and the alleged offender was aware of the pregnancy. This will result in a mandatory minimum of 6 months in prison.
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 a felonious 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 felonious 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 felonious 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 felonious assault in Columbus or Delaware, Ohio can result in significant jail time and fines. If you have been charged with felonious 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 felonious assault case.