February 3, 2022 | Criminal Defense
You may have heard “assault and battery” frequently used in movies and TV shows. However, Ohio does not have a criminal battery statute. Rather, assault and battery are both covered under Ohio’s assault statutes.
In Ohio, there are four different types of assault charges. From least to most serious, these charges are:
- Negligent Assault
- Aggravated Assault
- Felonious Assault
The type of assault you’re charged with will depend on the circumstances, including your intent at the time of the assault. Prosecutors select the charge based on what the allegations are against the defendant. Regardless of the specific type of assault you are charged with, it should be taken extremely seriously. An assault charge on your record can have damaging and long-lasting effects on your future.
What Does the Prosecution Need to Prove to Convict You of Assault in Dayton, Ohio?
The first step to understanding the basics of assault laws in Dayton is looking at what the prosecution needs to prove.
The elements of a standard assault charge are:
- The defendant
- Knowingly or recklessly
- Caused or attempted to cause
- Physical harm to another person
Aggravated assault applies when the defendant knowingly causes serious physical harm to another after being provoked by the victim. If you remove the provocation and there is serious physical injury, the assault becomes the more serious crime of felonious assault.
Negligent assault applies when you negligently cause physical harm to another person using a deadly weapon or dangerous object. In other words, you didn’t intend to hurt the person; it was an accident or a result of your carelessness.
The different assault crimes have a lot of nuance and different ways of being charged. The information described here is just a basic overview. If you are charged with assault, you should consult with a criminal defense lawyer to advise you of the charges and penalties you are facing.
What are the Penalties for Assault in Dayton?
The penalties for an assault charge vary greatly based on the unique facts of your case, the type of charge you’re facing, and whether you have any prior criminal convictions.
Because assault can be charged so differently from case to case, it is critical to review the criminal complaint with your attorney to determine the possible penalties you are facing.
The penalties for criminal charges in Dayton are as follows:
|Third Degree Misdemeanor
|Up to 60 days jail
|Second Degree Misdemeanor
|Up to 90 days jail
|First Degree Misdemeanor
|Up to 180 days jail
|Fifth Degree Felony
|6 – 12 months jail
|Fourth Degree Felony
|6 – 18 months jail
|Third Degree Felony
|9 months – 5 years prison
|Second Degree Felony
|2 – 8 years prison
Assault charges can be extremely serious and threaten your future. Do not make the mistake of trying to go it alone. You need to invoke your right to remain silent and hire an aggressive criminal defense attorney for help fighting the charges.
How Can You Fight Back Against Assault Charges?
If you are accused of an assault crime in Ohio, several defenses may be available to mitigate your penalties or have the case dismissed.
Some of the tactics used to defend assault cases include:
- Proving mistaken identity
- Having evidence seized in violation of your constitutional rights thrown out
- Proving self-defense
- Showing that the state cannot prove a key element of its case, such as intent
- Negotiating for dismissal or reduction in charges
- Fighting the case at trial
Every case will have a unique defense strategy based on the allegations and facts. If you have been charged with an assault crime in Dayton, call an experienced criminal defense attorney to help craft a strong defense strategy and fight back against the charges.