Assault | Battery Attorney Columbus Ohio
Assault Charges Can Be Beaten in Court
Assault in Ohio is “recklessly or knowingly causing or attempting to cause physical harm to another” and is a first degree misdemeanor punishable by a sentence of 180 days in jail and a $1,000 fine.
Felonious Assault is to cause or attempt to cause serious physical harm and is a felony of the second degree punishable by 2-8 years in prison and a $15,000 fine. A trial lawyer is critical for all assault charges.
Depending on the seriousness of the offense, assault can be filed as a misdemeanor of the first degree or a high level felony. Assault charges normally have high bonds so money to stay out of jail is necessary and a sentence of jail or prison time are very real possibilities. A felony assault charge cannot be sealed/expunged under Ohio law as it is a felony crime of violence.
Assault | Battery allegations are often based on one side of the story. It is crucial that you make your side known and the best criminal defense attorney will help you do so effectively. Stand your ground laws and self defense can completely exonerate you.
Columbus Criminal Defense Attorney Brandon Shroy has both prosecuted and defended Assault | Battery charges for his entire career. Use his experience to make sure the courts get your story right if the police did not.
ASSAULT CASE RESULT:
NOT GUILTY AT TRIAL
FREQUENTLY ASKED QUESTIONS about ASSAULT | Battery CHARGES
+ I didn't start the fight - why am I being charged with Assault?
One of the elements of Assault that police and prosecutors must establish is the primary physical aggressor. It is not illegal to "win" a fight - it is illegal to start a fight. If law enforcement confuses how a fight started, Self Defense is a complete defense to assault charges. A complete defense means charges are dismissed.
+ Are there other defenses to Assault charges?
Defense of Another is also a defense to Assault. If you defend another person (who is not a primary physical aggressor) a Defendant can use any force in defending another that they could use to defend themselves.
+ Will I be arrested if Assault charges are filed?
Normally, yes. Assault is considered a crime of violence under Ohio Law, and typically leads to arrest and some amount of jail time before the case even opens. Contact Columbus Criminal Defense Attorney Brandon Shroy immediately to address the warrant and get the lowest possible bond.
+ When is Assault a felony?
Assault is a felony in Ohio if there is serious physical harm or if a deadly weapon is used. Assaults on protected classes of people such as police officers, EMTs or Corrections Officers are also felonies. Click here for more information about assault in the Ohio Revised Code.
+ Can felonious assault charges be dismissed in Columbus and Ohio?
Yes. A prosecuting attorney can dismiss a felonious assault charge at any time. Prosecutors may dismiss charges if they believe that there was a lie told at the time of the original charge or if a necessary witness/victim is not available to tell the same story that was originally told.
TYPES OF Assault|Battery charges in ohio
Felonious Assault (F2) - knowingly causing serious physical harm; causing/ attempting to cause harm with a deadly weapon; or engaging in sex with another person when you are HIV positive and they are unaware of or unable to comprehend your status.
Aggravated Assault (F4) - causing serious physical harm, or causing/attempting to cause harm with a deadly weapon, in an extreme emotional state which has been provoked by the alleged victim. If the alleged victim is a police officer, it is filed as an F2.
Aggravated Vehicular Assault (F3) - causing serious physical harm to another person while operating a vehicle under the influence of alcohol or drugs.
Vehicular Assault (M1) - causing serious physical harm to another person while recklessly operating a motor vehicle.
Assault (M1) - causing or attempting to cause harm to another person or to an unborn child.
Negligent Assault (M3) - causing physical harm through the negligent use of a deadly weapon or firearm.
Brandon Shroy has spent years defending and winning Assault and Battery cases in Central Ohio.
As your attorney, Brandon Shroy will utilize his extensive criminal defense experience and leverage his reputation as an aggressive litigator to fight on your behalf and deliver the best possible outcome.
Brandon practices in all Central Ohio courts including the Federal District Court for the Southern District of Ohio, the Courts of Common Pleas, Municipal courts and Mayor's courts.
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