Cincinnati Assault Lawyer

Trusted Representation For a Range of Assault Charges in Ohio

At L. Patrick Mulligan & Associates, LLC, we represent clients who have been accused of all types of assault and/or battery in Cincinnati and throughout the surrounding areas. We understand these charges can severely and immediately impact your rights, freedom, and future. Because of this, we work quickly and efficiently to build a solid defense on your behalf. Our Cincinnati assault lawyers have over 50 years of combined experience and are committed to leaving no stone unturned in pursuit of a favorable outcome in your case.

Call L. Patrick Mulligan & Associates, LLC today at (937) 685-7006 or contact us online to schedule a meeting with our assault attorney in Cincinnati!

What Qualifies as Assault in Ohio?

In Ohio, assault laws cover both assault and battery charges. While these are similar offenses, there are several key differences between the two: “assault” involves harming or attempting to harm another person (including an unborn child), whereas “battery” involves intentionally or negligently causing bodily injury or unwanted physical contact.

According to Ohio state law, assault charges are broken down into several categories: simple assault, negligent assault, felony assault, aggravated assault, and domestic violence.

• Simple Assault: Intentionally trying to cause or actually causing bodily harm to another person/unborn child or recklessly causing bodily harm to another person/unborn child.
• Negligent Assault: Negligently causing bodily injury/harm to another person with a deadly weapon (such as a firearm).
• Felony Assault: Assault causing harm to an individual or unborn child or causing harm through the use of a deadly weapon.
• Aggravated Assault: Causing “severe” physical injury/harm to another person/unborn child or causing or attempting to cause “severe” physical injury/harm with the use of a deadly weapon and when “under the influence of sudden passion or in a sudden fit of rage.”
• Domestic Violence: Domestic violence charges are a subset of assault charges that involve violence or threats against a family member or intimate partner. This charge can arise from a physical altercation or a threat of harm to someone in a domestic relationship.

How Much is an Assault Charge in Ohio?

Assault charges in Ohio can be prosecuted as either misdemeanors or felonies, with penalties ranging according to the type of charge and the severity of the alleged crime.

• Simple Assault (first-degree misdemeanor): up to 6 months in jail & up to $1,000 in fines.
• Negligent Assault (third-degree misdemeanor): up to 60 days in jail & up to $500 in fines.
• Felony Assault (second-degree felony): between 2 - 8 years in prison & up to $2,000 in fines.
• Aggravated Assault (fourth-degree felony): between 18 months - 6 years in prison & up to $5,000 in fines.
• Domestic Violence: Domestic violence charges can result in a wide range of penalties, from misdemeanor convictions leading to up to 6 months in jail, to felony convictions carrying multiple years in prison.

How Can You Defend Against Assault Charges?

Mounting a successful defense against assault charges requires a comprehensive understanding of Ohio's legal framework. Our experienced Cincinnati assault attorney employs a variety of defenses tailored to the specifics of each case:

• Self-Defense: Demonstrating that you acted in self-defense can be a valid defense against assault charges. Ohio law allows using force to protect yourself if you reasonably believe you are in imminent danger of harm.
• Lack of Intent: In some cases, proving that there was no intention to cause harm or that the actions were accidental can be a viable defense strategy.
• False Accusations: Uncovering evidence that the assault allegations are false or fabricated is a crucial aspect of our defense strategy. Our team diligently investigates every detail to expose inconsistencies in the prosecution's case.
• Consent: In certain situations, demonstrating that the alleged victim consented to the actions in question can be a valid defense against assault charges.

Navigating the legal landscape surrounding assault charges demands the expertise of seasoned professionals. Our team at L. Patrick Mulligan & Associates, LLC, is dedicated to exploring every avenue to secure the best possible outcome for our clients.

The Legal Process for Assault Charges in Ohio

The legal process for assault charges in Ohio follows several stages, from arrest through trial and sentencing. Each stage provides opportunities to challenge the charges and work toward a favorable outcome:

• Investigation and Arrest: Once an assault has been reported, law enforcement will investigate the incident and, if they have sufficient evidence, make an arrest. You may be interrogated, but you have the right to remain silent and request legal counsel at this time.
• Initial Appearance and Arraignment: After an arrest, you will have an initial appearance before a judge. During this appearance, the judge will inform you of the charges and set bail. The next step is the arraignment, where you will be asked to enter a plea.
• Pre-Trial Hearings and Motions: Before the trial, pre-trial hearings may be held to resolve issues such as motions to suppress evidence, change the venue, or dismiss the case. This stage can be critical in challenging the prosecution's case.
• Trial: If your case goes to trial, both the prosecution and defense will present their cases. The prosecution must prove beyond a reasonable doubt that you committed the assault. The defense will work to raise doubts about the evidence or present defenses such as self-defense or lack of intent.
• Sentencing: If you are convicted, the judge will determine the appropriate sentence based on the severity of the offense, your criminal history, and any aggravating or mitigating factors. Sentences for assault can range from probation to prison time, depending on the charge.

Contact Our Cincinnati Assault Attorney Today

Facing assault charges can be an overwhelming and stressful experience, but you don't have to navigate it alone. At L. Patrick Mulligan & Associates, LLC, our commitment to providing top-notch legal representation sets us apart. We understand the nuances of assault cases in Cincinnati and have a proven track record of achieving favorable client outcomes. If you face assault charges, contact us today to ensure your rights are protected and your case handled with the utmost expertise and care.

Contact L. Patrick Mulligan & Associates, LLC calling (937) 685-7006 today to schedule a meeting with our assault lawyer in Cincinnati!

Commonly Asked Questions

Is verbal assault a crime in Ohio? 

Verbal assault, as it is commonly understood, is not classified as a separate crime in Ohio. However, threats or actions involving verbal communication can lead to criminal charges, such as aggravated menacing or menacing by stalking. These charges can be brought if someone threatens another person with harm, causing the victim to believe that they are in danger.

Is throwing a drink on someone an assault in Ohio?

Yes, throwing a drink on someone can be considered assault in Ohio, depending on the circumstances. If the act is done intentionally and is perceived as threatening or harmful, it could lead to charges of simple assault or aggravated assault. While throwing a drink on someone may not always cause physical injury, if the act is deemed offensive, threatening, or meant to provoke, it could still be classified as assault under Ohio law.

What is the Maximum Sentence for Assault in Ohio?

The maximum sentence for simple assault in Ohio is up to 6 months in jail and a fine of up to $1,000. For aggravated assault, the maximum sentence is up to 3 years in prison and a fine of up to $10,000, depending on the degree of the felony.