Assault and Battery Attorney Akron, OH
Defending Individuals Accused of Assault & Battery
Assault and battery are actually two separate charges though they are commonly grouped together. Assault is the attempt or threat to do harm to another. Although assault and battery is commonly charged when one person strikes another, no actual physical impact needs to be made for an assault to have occurred. Battery occurs when there is physical contact between the attacker and the victim. Battery requires more than just a verbal threat – it is forceful.
If you have been charged with assault and battery you should obtain skilled legal counsel from DiCaudo, Pitchford & Yoder immediately. Attorney Yoder and Attorney DiCaudo have extensive experience on both sides of the courtroom – as former prosecutors with over 85 years combined experience and as defense lawyers. This prosecutorial experience gives them insight as to how prosecution will build a case against you, and therefore how to more effectively defend it.
Assault & Battery Charges in Ohio
Assault and battery may be charged as a misdemeanor or a felony depending on the severity of the offense. If convicted of a violent crime such as assault & battery or domestic violence, penalties may be harsh, potentially including a prison sentence and high bail or even no bail. Beyond this a criminal record for a violent crime can have secondary consequences down the line.
All assault and battery charges are categorized under four branches of assault: simple, negligent, felony, and aggravated assault.
What is Assault in OH?
The term “assault” has many definitions and covers a very broad range of crimes. It can be vaguely defined as when one person injures or tries to injure another person. Depending on the type of assault, it can be charged as a misdemeanor to a felony with varying penalties. Under Ohio law, you don’t even have to “try” to assault someone to face criminal charges. You can also face serious penalties when you don’t harm anyone.
Simple Assault Penalties in Ohio
The most basic form of assault is simple assault which is a first-degree misdemeanor or third, fourth, or fifth-degree felony but can carry up to six months of jail time and a $1,000 fine. This involves recklessly causing serious injury or harm to someone or knowingly causing or attempting to cause physical harm to another person. This falls under the category of not intending to injure someone.
Negligent Assault Ohio Penalties
Negligent assault is the least serious of all the assaults. It is still a third-degree misdemeanor and carries up to 60 days in jail and a $500 fine. A person charged with this type of assault is believed to be negligent when carrying a deadly weapon that can cause someone else serious physical harm. For example, people who hunt are often found to be charged with negligent assault if they injure someone.
Felony Assault Penalties in Ohio
The most serious assault is felony assault. This is a second-degree felony and carries anywhere from two to eight years of jail time and up to $20,000 in fines. A person could face this charge if they cause serious harm to an unborn child or cause or attempt to cause harm with the use of a deadly weapon. This means someone does not have to actually cause the injury, only an attempt to injure is enough to be charged with a felony assault.
Aggravated Assault Penalties in Ohio
Aggravated assault is similar to felony assault but with an added twist. In order to be aggravated, the assault must be done “under the influence of sudden passion or in a fit of rage”. If charged with aggravated assault, the courts usually are more lenient when handing down penalties since they understand that most people do not act irrationally unless provoked by passion.
Also depending on the particular case, an experienced Akron assault and battery attorneys may be able to claim self-defense if they can prove the degree of force used was necessary for proportion to the amount threatened against you. Aggravated assault can carry anywhere from 18 months to six years of jail time and $5,000 in fines.
Defense From Our Assault and Battery Attorney Akron, OH
If you have been charged with assault and battery, it is vital that you have skilled legal representation that can thoroughly investigate your case and mount a strong defense. We will work on effective defense strategies and aggressively fight your case.