In Ohio, there are several types of assault offenses.

Assault is causing or attempting to cause physical harm to another person. This is a misdemeanor of the first degree and carries up to 6 months in jail and a possible $1,000 fine.

Aggravated Assault is while under the influence of sudden passion or in a fit of rage brought on by serious provocation by the victim, cause serious physical harm to another or causing or attempting cause physical harm to another by means of a deadly weapon. This is a felony of the fourth degree and carries up to 18 months in prison and a possible $5,000 fine.

Felonious Assault is causing serious physical harm to another or causing or attempting to cause physical harm to another by means of a deadly weapon. This is a felony of the second degree and carries up to 8 years in prison and a possible $15,000 fine.

The Benson Legal Team has handled thousands of assault cases during his almost three decades in practice. If you or a loved one is accused of assault contact Attorney Benson and let his experience work for you.

Types of Assault

In Ohio, there are several types of assault offenses ranging in severity.

• Assault
  • Definition: causing or attempting to cause physical harm to another person
  • Level of Offense: First Degree Misdemeanor
  • Penalties: maximum 6 months in jail and a maximum $1,000 fine

• Aggravated Assault
  • Definition: causing serious physical harm or attempting to cause physical harm by means of a deadly weapon 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
  • Level Offense: Fourth Degree Felony
  • Penalties: up to 18 months in prison and a possible $5,000 fine

• Felonious Assault
  • Definition: causing serious physical harm to another or causing or attempting to cause physical harm to another by means of a deadly weapon. 
  • Level Offense: Second Degree Felony
  • Penalties: Up to 8 years in prison and a possible $15,000 fine

Domestic violence is an unfortunate and serious issue that can have unwanted legal consequences. What began as a simple marital spat can grow into something much more if police are called into the matter. Domestic violence charges can tear a family apart. Law enforcement officers must make difficult judgment calls that can easily lead to an unfair or unjust arrest.

A heated argument can end up leading to criminal prosecution, restraining orders, and even custody battles. If you are charged with domestic violence, you need to retain the legal counsel of a trusted attorney from the Benson Legal Team today.

Prosecutors take domestic violence charges seriously and are likely to pursue them vigorously. Unfortunately, there is much room for error when the police arrive on the scene of an incident. Circumstantial evidence can lead to incorrect assumptions, and if any sign of physical injury is present, police are required to make an arrest.

If you have questions or concerns about your situation, contact an Ohio domestic violence defense attorney from Benson Legal Team today and schedule your case evaluation.

Definition of Domestic Violence

Ohio Law defines domestic violence as knowingly harming or threatening a family or household member.  A household member includes:

• A current or former legal spouse or common-law marital relationship.
• A natural parent, foster parent, or parent-in-law.
• A son or daughter.
• Your and your spouse’s family members by blood or marriage.
• Your child’s other natural parent

A domestic violence conviction is also enhanceable.  This means that if an individual was to subsequently be charged with another domestic violence offense, the potential penalties would be more severe.  The chart below illustrates this

Additional Penalties

Additional Penalties include

• Fines 
• Loss of the right to bear arms
• Restraining orders
• Cannot be expunged (except M4)