Cleveland Aggravated Assault Attorney
If you are facing aggravated assault charges, you risk a felony conviction, prison time, exorbitant fines, and other consequences – including a criminal record – that extend far beyond prison. Call an experienced aggravated assault attorney with The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 immediately. You will receive a free and confidential consultation for your aggravated assault case.
Defining Aggravated Assault
Aggravated assault is one of the most serious assault offenses in Ohio, and the Ohio Rev. Code 2903.12 considers it a fourth-degree felony, unless the aggravated assault is committed against a law enforcement officer, in which case it’s considered a third-degree felony. It’s codified law alongside felonious assault, attempted murder, and attempted voluntary manslaughter, putting it on the harsher tier of Ohio criminal penalties.
Aggravated assault is defined as a person committing a felonious assault – that is, knowingly causing serious physical harm to another person, or causing serious harm to another person by using a deadly weapon – when “under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force.”
Aggravated Assault vs. Other Types of Assault
Aggravated assault under ORC 2903.13 is defined as when a person recklessly or knowingly causes or attempts to cause serious physical injury or harm to another person or an unborn child while under the influence of sudden passion or a sudden fit of rage. An assault may also be defined as aggravated if it’s perpetuated by a “special protection” relationship: that is, a caregiver towards their charge.
“Knowingly” is defined as the person recognizing that harm could be inflicted – it does not necessarily mean the assault was premeditated or intentional.
“Recklessly” is defined as the offender acting without regard to whether someone could sustain injury or serious fear of injury from their actions.
It differs from simple assault, felonious assault, and negligent assault.
Simple assault occurs when a person knowingly or recklessly causes or attempts to cause physical harm to another person or another person’s unborn child.
Negligent assault occurs when negligent use or carelessness around a deadly weapon causes someone physical harm.
Felonious assault occurs when someone causes serious harm to someone or attempts to cause harm through the use of a deadly weapon.
Aggravated assault can occur against (but is not limited to):
- A functionally impaired person by the person’s caregiver, such as a guardian/minor, teacher/student, elderly person/caretaker.
- A staff member or volunteer by a person in leadership.
- A staff member or visitor to a correctional facility by an incarcerated person
- An on-duty law enforcement officer, EMT, or firefighter.
- A public services agency employer while they are working
- A judge or prosecutor or employee of the courthouse while they are working.
Aggravated Assault in Cuyahoga County
In 2018, there were 3,161 reports of aggravated assault in Cuyahoga County, as reported by the Ohio Office of Criminal Justice Services. But while FBI statistics report that Ohio violent crime is down, they also point to the state’s rising number in aggravated assaults.
If you’re charged with or under investigation for aggravated assault in Cuyahoga County, anything you say or do can be used in a charge against you. During an arrest by Ohio or Cuyahoga County law enforcement, they should read you your Miranda Rights, in which you have the legal option to remain silent. If you are charged, you will be taken to the local law enforcement station, photographed, your belongings taken into custody, and you will given access to contact a lawyer. Call a Cleveland aggravated assault lawyer at The Law Office of Daniel M. Margolis, LLC for a consultation on how to move forward and obtain the best possible outcome for your aggravated assault charges.
Penalties for Aggravated Assault
In Ohio, the Rev. Code § 2929.14 states that fourth-degree felonies carry definite prison terms of six to 18 months depending on circumstances. Fines can range up to a maximum of $5,000, and can be added to a prison sentence or replace one.
Courts can elevate fourth-degree felony charges for aggravated assault to a third-degree offense under circumstances involving law enforcement officers or it can increase if the aggravated assault involved the presence of a deadly firearm, which carries a mandatory additional three-year prison term.
Call Us to Avoid the Harsh Consequences of Aggravated Assault
Having a felony on your record has long-lasting consequences. Even once you serve prison time and pay fines, you may have trouble obtaining housing, custody, employment, financial aid, and other social benefits.
If you’re charged with aggravated assault in Ohio, it’s important to know what recourse you have to obtain the best possible outcome for your case. An experienced aggravated assault and criminal lawyer in Cuyahoga County can help. Contact The Law Office of Daniel M. Margolis, LLC for a case review with an Ohio aggravated assault attorney at (216) 533-9533.