Portage County Assault & Battery Lawyer

Portage County Assault & Battery Charges

You might have thought it could never happen to you or someone you love. Still, individuals from Ravenna to Kent and throughout Northeastern Ohio can be accused of assault in all sorts of circumstances. While the severity of an assault charge and the penalties attached will depend on the details and any injuries involved, the assault and battery lawyers at Erb Legal can assist you with all manner and levels of assault charges.

• Assault: (ORC 2903.13) Ohio defines assault as causing or attempting to cause physical harm or recklessly causing serious physical harm to another person. Assault can be charged as a misdemeanor or a felony, depending on the severity. In most cases, simple assault is a first-degree misdemeanor and is punishable by up to 6 months.
• Battery: Unlike many other states, Ohio has no separate criminal offense covering battery. Instead, Ohio charges acts of battery under the assault statute.
• Felony Assault: (ORC 2903.11) According to this law, a person can be charged with felonious assault if they knowingly cause serious physical harm to another person or use a deadly weapon to try to cause such harm. The law defines “serious physical harm” as any physical injury that creates a substantial risk of death, causes serious and permanent disfigurement, or causes a protracted loss or impairment of the function of any bodily member or organ. Felonious assault is a severe criminal offense in Ohio. It is typically charged as a second-degree felony, with a penalty of two to eight years in prison and/or a fine of up to $15,000. However, the offense can be elevated to a first-degree felony if certain aggravating circumstances exist.
• Aggravated Assault: (ORC 2903.12) Aggravated assault refers to causing serious physical harm to another person or using a deadly weapon to cause or attempt to cause physical harm. Aggravated assault is generally a felony of the second degree, punishable by up to 8 years in prison.
• Negligent Assault: (ORC Section 2903.14) If you negligently cause physical harm to another person or their unborn fetus by a deadly weapon or dangerous ordnance, you can face a third-degree misdemeanor. For example, you could be charged with negligent assault if you recklessly use a firearm and someone is injured.
• Menacing: (ORC 2903.22) Describes menacing as knowingly causing another person to believe that they are in danger of physical harm. Menacing can be charged as a misdemeanor or a felony, depending on the circumstances. For example, suppose the menacing involves using a deadly weapon or a threat to cause serious physical harm. In that case, it can be charged as a felony of the fifth degree, punishable by up to 12 months in prison.
• Domestic Violence: (ORC 2919.25) Defines domestic violence as causing or attempting to cause physical harm to a family or household member. Domestic violence can be charged as a misdemeanor or a felony, depending on the severity of the offense. For example, if domestic violence involves using a deadly weapon, it can be charged as a felony of the fourth degree, punishable by up to 18 months in prison.
• Vehicular Assault: (ORC 2903.08) Vehicular assault occurs when a person causes serious physical harm to another person by recklessly operating a vehicle. Reckless operations may include excessive speeding, driving on the wrong side of the road, or running red lights. Vehicular assault is typically a third-degree felony, which carries a penalty of one to five years in prison and/or a fine of up to $10,000. However, if the driver was under the influence of drugs or alcohol, the offense may be a second-degree felony.

Portage County Assault: Aggravated Factors

Assault and battery charges in Ohio are fact-based, and a lot depends on the details. The presence of various aggravating factors can result in harsher penalties. For instance, if a weapon or serious injuries are involved, you could face a felony-level offense rather than a misdemeanor assault. Some of the most common aggravating factors that influence the severity of assault charges include:

• Use of a deadly weapon
• Serious bodily injury
• Victim’s age or status
• Prior criminal history
• Hate crime
• Multiple victims

Portage County, OH Assault Penalties

Under Ohio law, the sentencing guidelines for assault crimes in Portage County, Ohio, are as follows:

• First-degree misdemeanors: 180 days in jail and fines as high as $1,000
• Fifth-degree felonies: Up to One year in prison and fines as high as $2,500
• Fourth degrees felonies: Up to 18 months in prison and fines as high as $5,000
• Third-degree felonies: Up to five years in prison and fines as high as $10,000
• Second-degree felonies: Up to eight years in prison and fines as high as $15,000
• First-degree felonies: Up to 10 years in prison and fines as high as $20,000

The penalties attached to an assault conviction in Portage County, Ohio, are serious and can have lasting effects. Anyone arrested for assault in Ravenna, Kent, or Aurora should seek the help of an experienced defense attorney’s help to ensure the best possible outcome.

Collateral Damage of an Assault Conviction

Aside from possible jail time, fines, court-ordered anger management, and restrictive probation, an assault and battery conviction will likely be attached to your criminal record for life. This can label you as violent and restrict your ability to move on.

The collateral consequences of being convicted of assault include:

• Diminished educational opportunities
• Limited employment opportunities
• Loss of professional licenses
• Ineligibility for certain government benefits
• Ineligibility for certain housing
• Loss of certain civil rights/inability to possess a firearm
• Reduced custody or visitation rights for children
• Social stigma and discrimination

Defenses to Ravenna Assault & Battery Charges

Police and Portage County prosecutors usually want you to believe that the assault case against you is stronger than it is. But meeting elements of an assault case is more complicated than it may seem. An experienced assault and battery lawyer can identify weaknesses in the evidence and use that to your advantage.

For instance, you may have acted in self-defense. If your attorney can argue that your actions did not cause bodily injury, you may be able to reduce a felony assault to a simple assault. Likewise, if your assault defense lawyer can cast doubt on whether you were the one who committed an assault, you may be able to get your charges dismissed altogether.

If you are charged with assault or any violent crime, it is essential to understand the defenses available to you. Here are some of the most common assault defense strategies:

• Self-Defense: You may argue that you acted in self-defense and used reasonable force to protect yourself from harm. You’ll need to prove that the alleged victim posed an imminent threat and that the force used was reasonable.
• Defense of Others: Like self-defense, you could argue using reasonable force to protect someone from harm. You must prove that the person they were protecting was in imminent danger of harm and that the force used was reasonable.
• Defense of Property: In some cases, you may use reasonable force to protect property, such as your home or personal belongings. You’ll need to establish that the force used was necessary and reasonable.
• Consent: If the alleged victim consented to physical contact, such as in a contact sport or a consensual fight, you might argue that they did not commit assault or battery.
• Lack of Intent: Assault and battery require you to have intended to cause harm to the victim. If you did not intend to cause harm, you did not commit assault or battery.
• Alibi: You could also argue that you were not present at the time of the alleged assault or battery and have evidence to support this claim.
• False Accusations: You may argue that you’re falsely accused of the assault or battery and have evidence to support that claim.
• Insanity or Mental Illness: If you or a loved one were not mentally competent during the alleged assault due to a mental illness or defect, you could argue that they should not be held responsible for their actions.

Every assault case is unique, and defenses are not “one size fits all.” If you or a loved one are arrested or accused of assault, aggravated assault, or any violent offense, consulting with an experienced defense attorney is essential.

Ravenna Assault & Battery: FAQs

To help you better understand assault, the penalties, and what to expect if you’re arrested, we have answered some of the frequently asked questions surrounding assault and battery in Portage County, Ohio. If you have additional questions, contact our Ravenna defense lawyers.

What’s the Difference Between Assault and Battery?

Assault typically involves the threat or fear of physical harm, with battery being the actual physical contact or harm. However, Ohio law makes no distinction. Assault in Ohio prohibits knowingly causing or attempting to cause physical harm to another or another’s unborn child.

Can Assault Charges Be Dropped if the Victim Doesn’t Want to Press Charges?

No, the decision to press charges is up to the prosecutor, not the victim. Even if the alleged victim does not want to pursue charges, the prosecutor may choose to proceed with the case.

Can I Be Charged with Assault Even If the Other Person Wasn’t Injured?

Yes, assault charges can be filed even if the other person did not sustain any injuries. The key factor is whether the victim experienced fear and reasonably believed the person could carry out their threats. Assault does not even require any actual contact to occur.

Will I Go to Jail If I’m Convicted of Assault?

It may be possible to avoid going to jail for assault, especially if this is your first offense. Your attorney may be able to negotiate for probation, a suspended sentence, house arrest, community service, restitution to the victim, anger management, or some combination of these instead of time behind bars.

Consult A Ravenna Assault Lawyer

Whether you’ve been accused of simple assault after a bar fight in Aurora, negligent assault after a hunting accident in Ravenna, vehicular assault in Streetsboro, or any violent crime in Portage County, Ohio, it is essential to take it seriously. An assault conviction is not something you want on your record. With effective legal representation from Erb Legal, you can prepare a compelling defense and work towards a favorable result, such as a dismissal, reduction, or acquittal at trial.