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Aggravated Assault

While assault is commonly a misdemeanor offense, an arrest for aggravated assault will result in felony charges. Prosecutors usually seek very strict punishments for the people accused of these crimes.

Much like felonious assault, aggravated assault involves an alleged offender knowingly causing serious physical harm to another person or to another person's unborn, or causing or attempting to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance. Aggravated assault is a lesser degree of felony than felonious assault because it accounts for an alleged offender being “under the influence of sudden passion or in a sudden fit of rage,” but convictions for aggravated assault can still carry very serious immediate and long-term penalties.

Attorney for Aggravated Assault Arrests in Cincinnati, OH

Were you recently arrested in the greater Hamilton County area for an alleged aggravated assault offense? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm today.

Brian Joslyn is an experienced criminal defense lawyer in Cincinnati who represents clients accused of violent crimes in communities all over southwest Ohio, including Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, Harrison, Miamitown, Norwood, and many others. Call (513) 399-6289 to have our attorney provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of Aggravated Assault in Ohio


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Aggravated Assault Charges in Hamilton County

Ohio Revised Code § 2903.12 states that a person commits aggravated assault if he or she, 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 alleged victim that is reasonably sufficient to incite the person into using deadly force, knowingly:

  • Causes serious physical harm to another person or to another person's unborn;
  • Causes or attempts to cause physical harm to another person or to another person's unborn by means of a deadly weapon or dangerous ordnance.

Under Ohio Revised Code § 2923.11(A), a deadly weapon is defined as “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.” Ohio Revised Code § 2923.11(K) defines a dangerous ordnance as any of the following:

  • Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
  • Any explosive device or incendiary device;
  • Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
  • Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
  • Any firearm muffler or suppressor; or
  • Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

A dangerous ordnance does not include any of the following:

  • Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
  • Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;
  • Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
  • Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition; or
  • Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

Aggravated assault is a fourth-degree felony. The crime can become a third-degree felony if the alleged victim is a peace officer or an investigator of the bureau of criminal identification and investigation.


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Aggravated Assault Penalties in Cincinnati

Convictions of aggravated assault are generally punishable as follows:

  • Fourth-Degree Felony — Up to 18 months in prison and/or a fine of up to $5,000; or
  • Third-Degree Felony — Up to five years in prison and/or a fine of up to $10,000.

Regardless of whether an alleged offense is a third-degree felony or fourth-degree felony, the court will sentence the alleged offender to a mandatory prison term as provided in Ohio Revised Code § 2929.14(B)(8) if the alleged offender is convicted of or pleads guilty to a specification as described in Ohio Revised Code § 2941.1423, relating to the alleged victim of an alleged offense being a woman whom the alleged offender knew was pregnant at the time of the alleged offense. If the alleged victim of the alleged offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and the alleged victim suffered serious physical harm as a result of the commission of the offense, the court will impose a mandatory prison term.


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Ohio Aggravated Assault Resources

Anger Management | Hamilton County — The Hamilton County Mental Health And Recovery Services Board is the county government agency responsible for planning, funding, and evaluating the effectiveness of community mental health services available to county residents. On this section of the board’s website, you can view a listing of different anger management services in the Cincinnati area. You can search for other services by category, keyword, or program or agency name.

Hamilton County Mental Health and Recovery Services
2350 Auburn Ave.
Cincinnati, OH 45219
(513) 946-8600

State v. Channels, 2016-Ohio-5438 — In August 2014, Sean Channels was indicted on one count of felonious assault, one count of carrying a concealed weapon, and one count of aggravated menacing, but he entered a plea of guilty one year later to the charges of carrying a concealed weapon and aggravated assault (which was amended down from felonious assault, while the aggravated menacing charge was dismissed). Channels contended in his appeal that the trial court abused its discretion by failing to grant his pre-sentence motion to withdraw his guilty plea. Based upon the holding of In re J.T., supra, Channels claimed that because he had an inoperable gun, he could not be found guilty of aggravated assault. On August 19, 2016, the Second District Court of Appeals sustained Channels’ sole assignment of error and reversed the judgment of the trial court, remanding the case for further proceedings.


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Joslyn Law Firm | Cincinnati Aggravated Assault Defense Lawyer

If you were arrested for an alleged aggravated assault offense anywhere in southwest Ohio, it is in your best interest to seek legal representation as soon as possible. Joslyn Law Firm aggressively defends clients accused of assault crimes in Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami, Montgomery, Reading, and many surrounding areas of Hamilton County.

Cincinnati criminal defense attorney Brian Joslyn will work tirelessly to possibly get your criminal charges reduced or dismissed. He can review your case and answer all of your legal questions when you call (513) 399-6289 or complete an online contact form to schedule a free, confidential consultation.


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