Akron Assault Defense Attorney

Types of Criminal Assault Charges in Ohio

Ohio recognizes several assault charges:

• The first type of assault is simple assault. This charge arises when an individual recklessly or knowingly brings about (or attempts to) some type of physical harm to another person or a fetus. When various aggravating factors do not exist, this is the default assault charge.
• Ohio recognizes the crime of aggravated assault. The definition of this offense is essentially the same as simple assault. However, the accused must have committed the offense using a dangerous ordnance or a deadly weapon.
• An individual can face criminal charges for negligent assault if they negligently use a dangerous ordinance or weapon and bring about some type of physical harm to another individual or fetus.
• Felonious assault charges result when an individual intentionally and knowingly uses dangerous ordnance, transmits AIDS, or brings about some type of severe physical harm to someone else.
• A criminal assault charge for menacing arises when an individual knowingly causes someone else to feel threatened that either themselves or a family member will suffer physical injuries at the hands of the accused.
• A vehicular assault charge may arise when an individual uses a vehicle as a weapon to harm someone else.
• Criminal charges for aggravated vehicular assault can happen when the alleged victim suffers one or more serious physical injuries.
• A vehicular manslaughter charge can arise when the accused individual commits some minor misdemeanor traffic offense but accidentally brings about another individual’s untimely death.

If you are currently pending one or more of these criminal assault charges in Akron, you need to reach out to a skilled and experienced Akron criminal defense attorney immediately.

At Patituce & Associates, LLC, our legal team can meet with you to discuss the circumstances surrounding your criminal charge and arrest and determine the best legal options for defending against your pending charge.

Successfully Defending Against a Pending Criminal Assault Charge

In response to a pending criminal assault charge, you can raise one or more legal defenses. If a defense is successful in court, it might work to negate one or more legal elements of the prosecution’s case, resulting in a complete dismissal of your charge.

You must also remember that in a criminal case involving assault, the accused individual does not need to satisfy any legal burden of proof. Rather, the entire legal burden rests with the state prosecutor handling the case.

Moreover, the accused does not need to take the witness stand or testify in their own defense. The accused individual’s Fifth Amendment constitutional right protects them against self-incrimination.

Some of the most common defenses that may prevent the prosecutor from establishing their legal burden of proof in an assault case include:

• Self-defense, where the accused individual was not the initial aggressor, and they used an amount of force that was proportionate to the force that the alleged victim used against them
• Defense of others, where an individual uses a proportionate amount of force to defend someone else
• Alibi, where the accused individual was not present on the date or at the time of the alleged assault incident
• Mistaken identity, where the accused individual can show that the alleged victim misidentified them as the assailant
• Constitutional violations, such as where an accused individual asserted their Fifth Amendment right to the presence of legal counsel during a custodial interrogation, yet the police officer continued to question them.

Our legal team can determine if you may be eligible to raise one or more of these legal defenses in response to your criminal charge. If you qualify, we can assert the proper legal defense on your behalf at trial and pursue a complete dismissal of your pending assault charge.

Plea Deals in Criminal Assault Cases 

Instead of taking your assault case to a criminal court trial, we can negotiate a favorable plea deal with the state’s attorney handling your case. Some prosecutors are more willing to agree to a plea deal arrangement if they are not confident in securing a conviction against the accused at trial.

As part of a plea deal, the accused pleads guilty to some criminal offense in exchange for one or more concessions from the state prosecutor. For example, as a concession for a guilty plea, the prosecutor might reduce the pending assault charge from a felony down to a misdemeanor. Alternatively, they might agree to probation, allowing the accused individual to escape a conviction if they successfully complete all of their probationary terms.

Our legal team can advise you on the pros and cons of accepting a pending plea deal from the prosecutor, given the facts and circumstances of your charge. By agreeing to a plea deal, you give up certain legal and constitutional rights, including your right to a jury trial, under the Sixth Amendment to the United States Constitution, and your right of appeal.