Assault Lawyer in Cincinnati
A person could be charged with assault in Ohio even if they did not have any physical contact with an alleged victim. Some individuals can be charged with assault as the result of harm that was accidentally caused. Here at Joslyn Law Firm, a criminal defense lawyer can help you combat assault charges.
Brian Joslyn is the head criminal defense attorney at Joslyn Law Firm in Cincinnati who represents clients accused of violent crimes in Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, Harrison, and many surrounding areas of southwest Ohio. Some of the awards Brian Joslyn has received include:
- 2017 Super Lawyers Rising Star Selectee
- Columbus CEO Magazine Top Lawyer
- 2016 National Academy of Criminal Defense Attorneys Top 10 Under 40 Attorney Award
It is in your best interest to hire a law firm with experience defending those charged with assault in Cincinnati. Joslyn Law Firm has handled more than 20,000 cases, and we might be able to help you, too.
Lawyer for Assault Arrests in Cincinnati, OH
Assault can be a misdemeanor or felony offense in Ohio, depending on certain factors. Not only might convictions result in possible incarceration and fines, but also, having these types of crimes on criminal records can also cause numerous long-term hardships for alleged offenders when they seek employment, housing, or professional licensing.
If you were recently arrested in Hamilton County for an alleged assault, you should exercise your right to remain silent until you have contacted Joslyn Law Firm. Assault charges can be misdemeanors or felonies, and you may not be comfortable trying to defend your case on your own.
Assault can result in a wide range of fines or jail time that can disrupt your life in countless ways. Many incidents can fall under the umbrella of assault and require nuanced defenses and understanding of the laws.
We have been recognized as a top law firm in Ohio, and we’re dedicated to protecting the rights of those charged with violent crimes. You can have our team provide an honest and thorough evaluation of your case as soon as you call (513) 399-6289 for a free initial consultation.
Information Center for Cincinnati Assault Arrests
- Assault Penalties in Hamilton County
- Assault Defenses in Cincinnati
- Negligent Assault Penalties in Cincinnati
- Ohio Resources for Assault Offenses
- Assault News in Cincinnati
- Q&As About Assault Charges in Cincinnati
- Assault Lawyer in Cincinnati
Assault Penalties in Hamilton County
Ohio Revised Code § 2909.13 establishes that a person commits assault if they recklessly cause serious physical harm to another person or to another person’s unborn child or knowingly causes or attempts to cause physical harm to another person or to another person’s unborn child. So-called “simple assault” is generally a first-degree misdemeanor punishable by up to 180 days in jail or a fine of up to $1,000.
Assault is also a first-degree misdemeanor if:
- The alleged offender knew or should have known the victim was a healthcare professional, worker, or security officer of a hospital who was on duty, and the alleged offender was not previously convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel.
- The alleged offender knew or should have known the victim of the alleged offense was a judge, magistrate, prosecutor, or court official or employee who was on duty, and the alleged offender has not been previously convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel.
Assault is a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500 if the offense is committed in any of the above or following circumstances:
- The alleged offense occurred in or on the grounds of a local correctional facility, the alleged victim of the offense was an employee of the local correctional facility or a probation department or was on the premises of the facility for business purposes or as a visitor, and the alleged offender was under custody in the facility subsequent to the person’s arrest, charge, conviction, or allegation or adjudication as a delinquent child.
- The alleged offense occurred off the grounds of a state correctional institution and off the grounds of a Department of Youth Services (DYS) institution, the alleged victim was an employee of the Ohio Department of Rehabilitation and Correction (ODRC), the DYS, or a probation department, the alleged offense occurred during the employee’s on-duty, official work hours, and the alleged offender was a person incarcerated in a state correctional institution or institutionalized in the DYS who temporarily was outside of the institution under any type of supervision by a government agency.
- The alleged offense occurred off the grounds of a local correctional facility, the alleged victim was an employee of the local correctional facility or a probation department, the alleged offense occurred during the employee’s official, on-duty work hours, and the alleged offender was a person who is under custody in the facility after the person’s arrest, charge, conviction, or allegation or adjudication as a delinquent child and who temporarily was outside of the facility under any type of supervision by a government agency.
- The alleged victim was a school teacher or administrator or a school bus operator, and the alleged offense occurred in a school, on school premises, in a school building, on a school bus, or while the alleged victim was outside of school premises or a school bus and was engaged in their job responsibilities, including, but not limited to, driving, accompanying, or chaperoning students in, class, field trips, athletic events, or other school extracurricular activities or functions outside of school premises.
- The alleged victim was an officer or employee of a public children services agency or a private child-placing agency, the offense related to their official responsibilities or duties, and the alleged offender has not been previously convicted of or pleaded guilty to an offense of violence in which the victim was an officer or employee of a public children services agency or private child-placing agency. (Any offense under this circumstance can also be charged as a fourth-degree felony.)
Assault is a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000 if:
- The alleged offense is committed by a caretaker against a functionally impaired person they’re caring for.
- The alleged victim was a peace officer or an investigator of the Bureau of Criminal Investigation (BCI), a firefighter, or a person performing emergency medical service while in the performance of their official duties.
- The alleged victim was a peace officer or an investigator of the BCI and suffered serious physical harm as a result of the offense (convictions are punishable by a mandatory minimum of 12 months in prison.)
Assault is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000 if:
- The alleged offense was committed by a caretaker against a functionally impaired person under their care, and the alleged offender has been previously convicted of or pleaded guilty to assault, felonious assault, or failing to provide for a functionally impaired person.
- The alleged offense occurred in or on the grounds of a state correctional institution or an institution of the DYS, the alleged victim of the offense was an employee of the ODRC or the DYS, and the offense was committed by a person incarcerated in the state correctional institution or by a person institutionalized in the DYS institution pursuant to a commitment.
Assault Defenses in Cincinnati
Your assault lawyer in Cincinnati can strategically choose from any of several defenses provided under Ohio law, depending on the facts and circumstances of your case.
With this defense, your attorney will present facts and evidence from their investigation supporting that you used or threatened physical force as a means of protecting yourself or another individual from being physically attacked by the alleged victim. In order to successfully argue for self defense, your lawyer must prove to the court that:
- You experienced harm, unlawful force, or threat of force.
- You honestly perceived a real fear of harm.
- You did not provoke the assault in any way.
- You had no alternative options of escape or retreat.
Finally, your attorney must show that you used only an amount of force required to thwart the force with which you were being threatened or attacked.
In some cases, a lawyer can argue that the alleged victim consented to some action for which the defendant is being accused of assault. Courts tend to examine consent defenses very carefully. As such, with this defense, your lawyer would need to present compelling evidence that your actions did not go beyond the actions to which the alleged victim consented.
Defense of Property
Ohio law gives you the legal right to use physical force to defend your property. This defense requires that your lawyer show that the level of force you used in the alleged assault was proportional to the circumstances you faced.
An assault lawyer in Cincinnati will review and investigate the details of your case and construct a defense aimed at producing the best outcome for your situation.
Negligent Assault Penalties in Cincinnati
An alleged offender could be charged with negligent assault if they used a deadly weapon or dangerous ordinance to cause physical harm to someone or their unborn child. Negligent assault is a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500.
According to Ohio Revised Code § 2923.11(A), a deadly weapon can be any object capable of causing death or specifically designed to be used as a weapon to cause death. Under Ohio Revised Code § 2923.11(K), a dangerous ordnance is defined as any of the following:
- Ballistic knife
- Explosive or flammable device
- High explosive compositions
- Plastic explosives
- Blasting agents
- Explosive substances for military use
- Explosive substance for mining, quarrying, excavating, or demolitions
- Military weapons and ammunition
- Firearm mufflers or suppressors
- Combination of parts or substances to convert the device to any of the above
A dangerous ordnance, however, 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.
Ohio Resources for Assault Offenses
Victim Services | Hamilton County Prosecuting Office — The Victim & Witness Advocate Program of the Hamilton County Prosecuting Attorney’s Office works with victims and witnesses to keep them advised of the criminal law process and the status of their cases. Visit this website to download a booklet designed for children going to court. You can find the contact information for Victim Services and view answers to frequently asked questions.
Ohio Attorney General | Apply for Victims Compensation — Ohio’s Victim of Crime Compensation program reimburses crime victims and others who incur specific expenses as the result of crimes of violence, such as assault. On this section of the attorney general’s website, you can learn how to apply for victims’ compensation. Learn who is eligible and what payments can cover.
Ohio Office of the Public Defender | Criminal Law Casebook — Here, you can find the statutes related to assault charges. You can also search different assault cases to find defenses that might be helpful to your case.
Office for Victims of Crime | Ohio — This page has resources for crime victim compensation, reports, and funding information.
Office for Victims of Crime | Assault and Battery — The Office for Victims of Crime also has a national web page specific to assault. Here, they offer resources such as crime statistics and how a victim can get help.
Assault News in Cincinnati
January 27, 2021
The Hamilton County Sheriff’s Office (HCSO) released a video of inmate Delrico Peoples assaulting Deputy John Helton in the Hamilton County Justice Center. Peoples, who was originally charged with murder, now faces felonious assault charges. While Helton suffered broken bones, the HCSO released a statement saying he’s recovered.
January 27, 2021
Joseph Bales, 27, faces two counts of felony assault after punching the fire chief and a responding police officer, according to court documents. Bales also faces a felony charge for disrupting public service and a misdemeanor charge for resisting arrest.
January 20, 2021
A Green Township teen has been charged with felonious assault and aggravated robbery. The 16-year-old was located and arrested by detectives after a multi-jurisdiction investigation into the shooting of a woman on October 26, 2020. According to the victim’s report, she answered a knock on her door, and the defendant demanded the woman’s phone. The teen then shot the woman and fled. The victim suffered a gunshot wound to the chest and was taken to the University of Cincinnati Medical Center for treatment.
January 19, 2021
A Cincinnati boy was “unofficially” charged with negligent assault after accidentally shooting his older brother, age 15, in the leg. Their 18-year-old sister was babysitting the children while their mother was at work. Because the nine-year-old child cannot be formally charged without intent, the boy was given a “closed referral.” His case now faces review by prosecutors, as well as a competency hearing with a judge.
January 18, 2021
A Warren County grand jury indicted Christopher J. Hubbard for attempted murder and felonious assault. Hubbard stands accused of shooting and attempting to kill law enforcement officers in an August 2020 shootout. The altercation began after police pursued Hubbard, who ultimately shot at Butler county Sheriff’s deputy Mike Barger. He also shot at Ohio State Highway Patrol trooper Bret Lee. The defendant violated the terms of his post-conviction release. At his arraignment, Magistrate Andrew Hasselbach set Hubbard’s bond at $1 million.
Q&As About Assault Charges in Cincinnati
Q: How are assault crimes classified in Hamilton County?
A: Assault crimes in Hamilton County are classified as a first-degree misdemeanor, fifth-degree felony, fourth-degree felony, or third-degree felony, depending on the facts and circumstances of the case.
Q: Will I go to jail or prison if I am charged with assault in Cincinnati?
A: You can spend time behind bars if you are charged and convicted of assault in Cincinnati. Even a first-degree misdemeanor will get you up to 180 days in jail. However, an assault lawyer in Cincinnati can work to have your charges reduced or dismissed.
Q: What are the penalties for an assault arrest in Cincinnati?
A: Potential penalties for an assault arrest in Cincinnati range widely, depending on how the offense is classified. A first-degree misdemeanor is punishable by as many as 180 days in jail and a maximum fine of $1,000. As the charges get more serious, so do the penalties. In the worst-case scenario—a third-degree felony—a convicted offender could spend up to five years in prison, on top of a fine of up to $10,000.
Q: What are the defenses against assault charges in Ohio?
A: The defenses against assault charges in Ohio depend on the facts and circumstances of your case. Some common defenses that Cincinnati assault lawyers present on behalf of their clients include:
- Self defense
- Defense of another person
- Protection of property
Q: When can people be charged with assault crimes as the result of unintentional acts in Ohio?
A: A person can be charged with negligent assault in cases where their intent was not to harm, injure, or threaten the victim. One example of negligent assault is the accidental shooting of one person by another while hunting.
Q: Where can I learn more about assault in Cincinnati?
A: You can learn about Cincinnati, Ohio’s assault laws by reviewing the Ohio Revised Code § 2909.13. Alternatively, you can speak with Joslyn Law Firm in Cincinnati to learn more about assault laws.
Assault Lawyer in Cincinnati
If you were arrested for an alleged assault by the Cincinnati Police Department, it is in your best interest to not say anything to authorities until you have legal counsel. Joslyn Law Firm aggressively defends residents and visitors charged with these crimes in communities throughout southwest Ohio, including Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami, Montgomery, and many others.
Cincinnati criminal defense lawyer Brian Joslyn will work to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. Call Joslyn Law Firm or complete an online contact form to have us review your case and help you understand all of your legal options during a free initial consultation.