Aggravated Assault

Columbus Aggravated Assault Lawyers

Fighting for your rights when you’re charged with assault in Central Ohio

Prosecutors in Ohio take aggravated assault charges very seriously. That’s why you need an experienced criminal defense lawyer on your side. Prosecutors tend to prioritize violent crimes like assault, and your freedom may be on the line, even if you’re completely innocent. Don’t take these charges lightly. It’s important to have the right representation to protect your future and your reputation.

At Soroka & Associates, LLC, our Columbus criminal defense lawyers represent clients from the moment of their arrest through bail hearings and preliminary hearings through trial and appeal. We have a strong record of success in obtaining dismissals of criminal charges and jury acquittals. We also negotiate plea bargains with prosecutors to reduce the charges to less serious offenses to reduce penalties and jail time.

Some of our successful results include:

  • Attempted Murder and Felonious Assault – Not Guilty after Jury Trial
  • Felonious Assault – Dismissed
  • Felonious Assault and Weapon Under Disability – Not Guilty after Jury Trial

How does Ohio define aggravated assault?

Ohio prosecutors can file an aggravated assault charge if any person:

While 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, shall knowingly:

  • Cause serious physical harm to another or to another's unborn
  • Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 11of the Revised Code.

Deadly weapon means “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.”

What are the penalties for aggravated assault in Columbus?

A conviction or guilty plea for an aggravated assault offense is generally a felony of the fourth degree. An aggravated assault conviction or guilty plea will be upgraded to a felony of the third degree if “the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation.”

In some cases, a conviction may result in a mandatory prison sentence. Generally, a felony of the third degree is punishable by one to five years in prison and a fine of up to $10,000 dollars. Generally, a felony of the fourth degree is punishable by six to 18 months in prison and a fine of up to $2,500 dollars.

Also, per Ohio criminal code, “If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, aggravated assault is a felony of the third degree.”

The aggravated assault statute defines:

  • An "Investigator of the bureau of criminal identification and investigation" as in section 2903.11 of the Revised Code.
  • A "Peace officer" as in section 2935.01 of the Revised Code.

Those convicted of aggravated assault may be ordered to pay the victim’s medical expenses. A conviction may also make it difficult for a person to gain employment, find a place to live, obtain credit, own a firearm, and other severe consequences.

How can you help with my Columbus aggravated assault defense?

At Soroka & Associates, our Columbus aggravated assault defense lawyers assert all the defenses that can help obtain dismissals, acquittals, or convince the prosecution to reduce the charges to less serious offenses. Common defenses our lawyers assert in aggravated assault cases include:

  • Your US Constitutional rights were violated. The government cannot seize evidence from you, including any weapons, without proper authority, such as an approved search warrant. You have the right to question the witnesses against you and the right to a speedy trial. You also have the right not to incriminate yourself.
  • The government did not meet its burden of proof. It is the prosecution’s job to prove aggravated assault charges beyond a reasonable doubt. We work to show there is a reasonable doubt to at least one part of the criminal charge.
  • Self-defense. Many aggravated assault cases involve someone who attacked you, threatened you, or threatened or attacked someone you care for. We work to show that your actions were justified because you reasonably believed that you or the person near you was in clear danger of death or serious bodily injury. We also work to show that the force you used was proportionate to the threat or attack.
  • There was no serious physical harm. Just because a victim suffered a cut, a bruise, or required emergency room care does not mean their harm is “serious.”  Generally, serious bodily injury means some type of permanent injury, disfigurement, or substantial pain.  Our lawyers understand what evidence is required to show a victim suffered serious physical harm. We work to show the prosecution does not have that evidence.

We may argue that the weapon involved in the attack was not a “deadly weapon,” depending on the circumstances and type of object. We assert all other available defenses such as your alibi and other pertinent information.

Our Columbus attorneys also work with the government to reduce your charges to less serious ones. For example, we may work to show that an aggravated assault charge should be reduced to assault or to negligent assault, resulting in less severe consequences. However, all agreements between the prosecution and the defense require that you agree with the negotiated terms, so we will never accept any type of deal without your permission or input.

In some cases, a judge may place you on community control, and order that a sentence be suspended if you adhere to certain conditions, such as not getting into further trouble with law enforcement, participating in community service, obtaining counsel such as violent temper counseling, probation, and other conditions.

Do you have an aggravated assault defense lawyer near me?

At Soroka & Associates, we meet clients at our Columbus office, located at 503 South Front Street, Suite 205. We’re close to I-71 and Rt. 23. We can also meet clients at detention facilities if needed.

Speak to a seasoned Columbus aggravated assault defense lawyer today

Get help now. Talk to our experienced Columbus criminal defense lawyers who can guide you through each phase of the criminal justice process. We understand the unique challenges and defenses that are necessary to make your case as strong as possible. Our lawyers have helped many clients secure their freedom and negotiate minimum sentences, and we want to help you, too. Call Soroka & Associates at 614-918-4078 or use our contact form to schedule a free consultation.