Assault Lawyer Dayton, OH
Accused of Assault in Ohio?
According to Ohio laws, assault is an attempt to cause physical harm to another, while battery is to intentionally or negligently cause offensive physical contact or bodily harm. If you are facing assault charges, an experienced Dayton assault lawyer from our firm can help you deal with the wide range of charges and penalties associated with assaults.
A conviction has consequences that could affect your life from now on. You need strong defense. L. Patrick Mulligan & Associates, LLC is here to help. Contact us today!
We have represented individuals accused of the following:
- Simple assault: A person may be accused of this offense if they knowingly cause or try to cause harm to someone else. They may also face charges if they act recklessly and seriously harm another. Generally, simple assault is a misdemeanor punishable by up to 180 days in jail and/or up to $1,000 in fines. However, if certain aggravating factors are present, such as the victim is a peace officer, the crime is a felony. When charged at this level, the penalties vary depending on the degree of felony.
- Aggravated assault: Any person who, in a rage, causes serious physical harm to another or causes or tries to cause physical harm to someone else using a deadly weapon or dangerous ordnance may be charged with this offense. Aggravated assault is a fourth-degree felony. A conviction may lead to up to 18 months in prison and/or up to $5,000 in fines.
Felonious assault: A person may be charged with this offense if they:
- Knowingly cause serious physical harm to someone else;
- Knowingly cause or try to harm someone else by using a deadly weapon or dangerous ordnance; or
- Have AIDS and engage in sexual conduct with another and they don’t disclose that information about their condition, or the victim’s mental state makes them unable to understand the significance of the information, or the victim is under 18 years of age and not married to the alleged offender.
Generally, felonious assault is a second-degree felony, with penalties including prison for up to 12 years and/or a fine of up to $15,000. If the victim is a law enforcement officer, the offense is a first-degree felony punishable by up to 16.5 years in prison and/or up to $20,000 in fines.
- Negligent assault: If a person, without exercising due care, uses a deadly weapon or dangerous ordnance and causes physical harm to another, they may be charged with this offense. Negligent assault is a third-degree misdemeanor, which carries a maximum of 60 days in jail and/or a fine of up to $500.
Vehicular assault: A charge for this offense may be levied when a person operating a motor
vehicle causes physical harm to another and the alleged offender was:
- Under the influence,
- Driving recklessly in a construction zone, or
- Speeding in a construction zone.
If the accident occurred while the driver was OVI, they committed aggravated vehicular assault, which is a second-degree felony. The punishments include up to 12 years in prison and/or up to $15,000 in fines.
If the alleged offender was driving recklessly in a construction zone, vehicular assault is a fourth degree felony. Upon a conviction, the alleged offender could be sentenced to up to 18 months in prison and/or fined up to $5,000.
If the alleged offender was speeding in a construction zone, vehicular assault is a first-degree misdemeanor, which is penalized by up to no more than 180 days in jail and/or a maximum of $1,000 in fines.
Assault vs. Self Defense in Ohio
Whether the incident is classified as a misdemeanor or a felony is determined by what actually happened. Miscommunication, misunderstandings, and complete mistakes happen - and escalate. It’s easy to do this if someone else has started attacking you first. Instincts tend to take over, and you might have struck your attacker in an attempt to defend yourself.
Usually, use of force that would otherwise be criminal in nature could be excused if it was done in self-defense. The state of Ohio allows people to use force to defend themselves, another person, their homes, or their property. The level of force that may be lawfully used varies, depending on the circumstances.
A self-defense defense can be hard to prove unless you have many witnesses to the event. It is your job to show you acted in self-defense when you inflicted force against another person, especially if the other person didn’t live to tell his or her side of the story.
Potential Defenses to Assault
A range of defenses may be mounted in an assault matter. The type that can be raised in a particular case depends on the circumstances surrounding the incident.
A few examples of potential assault defenses include:
- Self-defense: This may be raised when the alleged offender was protecting themselves from immediate harm and they used an amount of force necessary to stop the attack.
- Defense of another: This is similar to self-defense, except that the person accused of assault committed the act to protect someone else from immediate harm.
- Defense of property: A person may have been justified in using force against another if that other individual was unlawfully on their property or in their vehicle at the time of the alleged offense.
Led By a Board Certified Criminal Law Specialist
Our legal team is led by Attorney L. Patrick Mulligan, who is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. One of the 24 lawyers in the state of Ohio to have this additional certification, Attorney Mulligan applies his expert legal knowledge to each case that crosses his desk. Our firm has become known for being passionate defenders of the rights of accused individuals in Dayton.
Should you choose to retain our services, you can feel confident in knowing that we will do whatever we can to shield from serious penalties such as:
- Steep fines
- Jail time
- A criminal record
Defense From L. Patrick Mulligan & Associates, LLC
If you have questions about challenging assault charges, we are here to give you the answers you need to move forward with your case. We will work relentlessly toward securing a favorable outcome, such as a dismissal or a reduction of charges. Let us put our more than 50 years of combined experience to work for you.
Please give us a call at (937) 685-7006 if you need help with the assault charges you face.