Strategies for Fighting Felonious Assault Charges in Ohio

Felonious assault is one of the most serious criminal charges an individual can face in Ohio. A conviction can lead to lengthy prison sentences, steep fines, and a permanent criminal record that may hinder future opportunities. Understanding the gravity of these charges and how to mount a vigorous defense is imperative for anyone accused of this crime. With the right legal strategy, it is possible to challenge these charges and protect your rights.

Overview of Felonious Assault Charges in Ohio

Felonious assault is defined under Ohio Revised Code 2903.11, and it typically involves causing serious harm to another person or using a deadly weapon in an assault. Unlike lesser assault charges, felonious assault is classified as a second-degree felony, meaning it carries severe penalties. If convicted, Ohio Revised Code 2929.14 and Ohio Revised Code 2929.19 impose penalties for felonies, including prison terms of up to 8 years and fines of up to $15,000. In cases where the victim is a law enforcement officer, the penalties may be even harsher, possibly up to 11 years in prison.

Beyond the immediate penalties, a felonious assault conviction also results in a permanent criminal record, which can have long-term consequences for employment, housing, and education opportunities.

Elements of Felonious Assault in Ohio

To understand how to fight a felonious assault charge, it’s essential first to understand the elements of the crime under Ohio law. According to Ohio Revised Code 2903.11, felonious assault occurs when an individual:

Knowingly causes serious physical harm to another person or
Knowingly causes or attempts to cause physical harm to another person using a deadly weapon or dangerous ordnance.

In cases where a deadly weapon is involved, the prosecution doesn’t need to prove actual harm; the mere attempt to cause harm with a weapon is enough to constitute felonious assault. The key elements here are the intent to harm and, in some cases, the use of a deadly weapon. Prosecutors must establish these elements to secure a conviction, and defense strategies often focus on challenging one or more of these aspects.

Possible Defenses to Felonious Assault Charges

Defending against a felonious assault charge requires a thorough understanding of the law and the incident’s circumstances. Depending on the case’s specifics, several defenses can be used to fight these charges.

Self-Defense

One of the most common defenses to felonious assault is self-defense. Ohio has a “stand your ground” law, which allows individuals to defend themselves without a duty to retreat if they are in a place where they have a legal right to be. Under this law, if an individual reasonably believes they are in imminent danger of bodily harm or death, they may use force — including deadly force — to protect themselves.

To successfully argue self-defense, the defense must show that:

The defendant was not the aggressor in the altercation.
The defendant had a reasonable belief that they were in immediate danger of harm.
The force used was proportionate to the threat faced.

In some cases, evidence such as witness testimony, security footage, or forensic evidence can help prove that the defendant acted in self-defense.

Defense of Others

Similar to self-defense, the defense of others can be a valid justification for the use of force in felonious assault cases. Ohio law permits individuals to use force to protect others if they reasonably believe the person they are defending is in imminent danger of harm. The key here is that the belief must be reasonable, and the force used must be proportionate to the threat. This defense applies when someone intervenes in a fight or confrontation to protect a family member, friend, or stranger.

Lack of Intent

Felonious assault requires that the defendant knowingly caused harm or attempted to cause harm. Intent is a crucial element of the crime. In some cases, it may be possible to argue that the defendant did not intend to harm the victim.

For example, the defense could argue that the harm was unintentional if the incident occurred during an accident or a misunderstanding. In these situations, the defense could seek to reduce the charge to a lesser offense, such as reckless assault, or even dismiss the charges entirely if there is insufficient evidence of intent.

Mistaken Identity

In some felonious assault cases, the defense may focus on challenging the prosecution’s identification of the defendant. Mistaken identity can occur when a witness incorrectly identifies the defendant as the perpetrator of the assault. Identification errors due to poor lighting, stress, or other factors can impair a witness’s ability to recall the event accurately.

Defense attorneys can challenge the credibility of witness identification through cross-examination or by presenting evidence that contradicts the prosecution’s version of events. The evidence may include alibi evidence, surveillance footage, or testimony from other witnesses who saw the incident unfold.

Plea Bargaining vs. Trial

One critical decision when facing a felonious assault charge is negotiating a plea deal or taking the case to trial. Both options have pros and cons, and the best course of action depends on the strength of the evidence, the severity of the charges, and the defendant’s prior criminal history.

Plea Bargaining: In many cases, prosecutors may offer a plea deal, allowing the defendant to plead guilty to a lesser charge in exchange for reduced penalties. Plead deals can be a good option when the evidence is strong and a conviction at trial seems likely. However, accepting a plea deal still results in a criminal conviction, which can carry long-term consequences.
Trial: Taking the case to trial allows the defense to challenge the prosecution’s evidence and present their case. A successful trial defense can lead to an acquittal but carries the risk of a harsher sentence if the defendant is convicted.

An experienced defense attorney can advise you on whether it’s better to accept a plea deal or fight the charges in court based on the specifics of your case.

Call Watson Kuhlman, LLC for Strategies for Success

Facing felonious assault charges in Ohio is a serious matter, but it’s important to remember that multiple defense strategies can be used to fight these charges. Whether it’s arguing self-defense, challenging the intent behind the alleged crime, or questioning witness identification, a strong legal defense can make all the difference in the outcome of your case.

A skilled criminal defense attorney is essential to defend against felonious assault charges. The legal team at Watson Kuhlman, LLC has extensive experience handling these cases and can provide the aggressive representation you need. Call 216-208-7858 for a free consultation and take the first step in protecting your future.