Top
Patituce & Associates Patituce & Associates
No Criminal Case is Hopeless. Call 24/7: 440-771-1175
Follow Us
Assault Smart Strategy. Fearless Defense.

Cleveland Assault Attorney

Ohio Assault Charges

A physical assault charge can change your life. Whether at the felony or misdemeanor level, a conviction can lock you out of employment opportunities, housing-even higher education. Some assault charges can also land you on the state’s sex offender registry, and you stand a good chance of serving time if convicted.

If you’ve been charged under Ohio’s assault statutes, you need prompt representation by a Cleveland assault attorney. At Patituce & Associates, we provide our clients with top-quality legal advice and represent their interests from the time of the arrest forward. Let us help you understand your legal options in the face of an assault charge.

Schedule your first consultation with our Cleveland assault lawyers by calling (440) 771-1175 now!

What Qualifies as Assault in Ohio?

Ohio has four separate laws specifically concerning assault: negligent assault, assault, aggravated assault, and felonious assault. The offenses involve causing or attempting to cause physical harm or serious physical harm to another. Separating the crimes are the circumstances in which the injury was inflicted (or attempted to be inflicted).

To further articulate Ohio’s definition of assault, let us first define the result or intended result of such conduct:

  • Physical harm: Under O.R.C. § 2901.01, physical harm includes injury, illness, or physiological impairment.
  • Serious physical harm: This type of injury includes a mental condition requiring hospitalization or psychiatric care; physical injury causing a substantial risk of death; physical injury resulting in permanent, temporary, or substantial incapacity; physical injury resulting in permanent or serious disfigurement; or physical injury leading to acute pain that causes substantial suffering or any lasting or intractable pain.

Next, let us examine the different degrees of culpability of assault. Simple assault, aggravated assault, and felonious assault involve engaging in the conduct knowingly, with some instances of simple assault involving acting recklessly. Negligent assault is engaged in negligently.

We Refuse to Lose Your Case Deserves a Customized Defense Strategy

We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.

No Case is Hopeless

We Don't Back Down. Ever.

Explore some of our recent wins.

  • Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)

    Our client was accused of driving while under the influence of drugs, or alcohol.

  • Not Guilty At Trial ROCKY RIVER V. D.F.

    Client was charged with domestic violence against his wife.

  • Plea and Record Expunged STATE V. BAILEY, CUYAHOGA

    Client was accused of stealing tens of thousands of dollars worth of property.

  • Charges Dismissed State v. Beckwith, Cuyahoga County

    Student charged with the manufacturing of ecstasy.

  • Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN

    Local counsel pushed for a plea to one of the sex related charges.

  • Acquittal State v. Tevin Biles

    Client was identified as one of the alleged shooters at a New Year’s Eve party.

Is Assault a Felony in Ohio?

Felonious assault is considered a more serious offense than simple assault, meaning that the alleged offender did something to increase the severity of the crime.

Under O.R.C. 2903.11, factors that elevate an offense to felonious assault include:

  • Knowingly causing serious physical harm to another.
  • Knowingly using a deadly weapon or dangerous ordinance to cause or attempt to cause physical harm to someone else.
  • Knowing that they have AIDS (or a virus that can cause the disease) and engaging in sexual conduct with someone without letting them know of their condition, someone mentally incapable of understanding that the person has AIDS, or someone under 18 years of age—for purposes of a felonious assault offense, sexual conduct involves vaginal or anal penetration or oral copulation.

Minimum Sentences for Assault in Cleveland Ohio

Simple Assault
According to Ohio law O.R.C. 2903.13, knowingly or recklessly causing or attempting to cause physical harm to another or another’s unborn is considered simple assault. Simple assault is a first‑degree misdemeanor punishable by a 6‑month jail sentence and fines up to $1,000.

Aggravated Assault
Under O.R.C. 2903.12, aggravated assault is to knowingly cause serious physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance. Aggravated assault is a fourth‑degree felony in Ohio and can lead to prison sentences between 18 months and 6 years with a $5,000 fine.

Negligent Assault
Negligent assault in Ohio is defined under O.R.C. 2903.14. It is knowingly causing physical harm to another or another’s unborn by negligent use of a deadly weapon or dangerous ordnance. Negligent assault is charged as a third‑degree misdemeanor with a potential sentence of up to 60 days in jail and a fine of $500.

Potential Defenses to Assault Charges in Ohio

Because every case is different, the defenses that can be raised against Ohio assault charges will vary. However, below are a few possible ways to challenge the accusation:

  • Self‑defense: Protecting oneself against an imminent attack.
  • Defense of others: Defending another person in danger of being injured by someone else.
  • Defense of property: Using force against a person who has unlawfully entered a person’s home or vehicle.

Note that under O.R.C. § 2901.09, there is no duty to retreat. Also referred to as a “stand your ground” law, this means a person does not have to attempt to leave a threatening situation before using defensive force against their attacker.

Don’t Wait to Contact Our Cleveland Assault Attorneys

When you’ve been charged with assault, put our team of former prosecutors to work for you. When you need tough defense that’s with you every step of the way, the Cleveland assault lawyers at Patituce & Associates deliver! 

Call us at (440) 771-1175 for a free consultation with an experienced Cleveland criminal defense attorney.

  • We Know the Legal System

    Our criminal defense attorneys understand the legal system and local courts, helping you navigate your case efficiently and avoid costly mistakes.

  • We Give You Peace of Mind

    Being charged with a crime is overwhelming. With our team on your side, you can focus on your life while an experienced professional handles your defense.

  • We Fight For Your Rights

    Police and prosecutors sometimes push the limits of the law. We work to protect your rights and prevent unconstitutional evidence from being used against you.

  • We Build A Strategic Defense

    Fighting criminal charges requires a strong strategy. Our experienced team builds a defense tailored to the specific facts of your case.

  • We Work to Mitigate Consequences

    One of the main benefits of hiring our Ohio criminal defense attorneys is our ability to help reduce the potential consequences of a conviction.

Ready For A Team That Won't Back Down?

Available 24/7

At Patituce & Associates, we're always ready to take your call! Give us a call at (440) 771-1175 or fill out the form below to contact one of our team members.

  • By submitting, you agree to receive text messages from Patituce & Associates at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy