Felonious Assault

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Felonious Assault Lawyer in Cincinnati

Felonious assault is the most serious degree of assault crime that a person can be charged with in Ohio. Felonious assault is a felony offense, and certain convictions can result in mandatory prison sentences.

Joslyn Law Firm has handled more than 20,000 cases and has been recognized and awarded both locally and nationally by some of the most respected legal organizations. Brian Joslyn has earned a reputation as a vigorous advocate for people of accused of crimes.

He has been named as a Top 10 Criminal Lawyer in Ohio and a frequent expert source on criminal law for such media outlets as NBC, ABC, The Plain Dealer, and The Columbus Dispatch.

We know exactly what to do when you bring your case to us. Our team is ready to guide you through every step and come to your defense.

Attorney for Felonious Assault Arrests in Cincinnati, OH

If you were arrested or you believe that you could be under investigation anywhere in or around Hamilton County for an alleged felonious assault, it is in your best interest to exercise your right to remain silent until you have legal representation. Named by Columbus CEO Magazine as one of Central Ohio’s “Top Lawyers,” Brian Joslyn and his team will stand beside you and work to get you the best outcome for your case.

Individuals accused of felonious assault often have valid self-defense claims that can lead to the criminal charges being reduced or dismissed. Joslyn Law Firm’s legal team will build your defense with their extensive experience in criminal defense and their strong familiarity with local judges, courts, prosecutors, court personnel, and probation officers.

Joslyn Law Firm aggressively defends clients accused of crimes of violence in numerous communities throughout southwest Ohio, including Norwood, Harrison, Springdale, Sycamore, Bridgetown, Anderson, Green, Delhi, Miamitown, and many others.

A felonious assault charge can have a serious impact on your future. You do not want such a criminal charge to follow you around for life.

Cincinnati felonious assault lawyer Brian will aim for the fewest and lightest possible penalties. Call (513) 399-6289 right now to receive an evaluation of your case during a free, confidential consultation.

Information Center for Felonious Assault in Cincinnati

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Felonious Assault Charges in Hamilton County

Ohio Revised Code § 2903.11 establishes that a person commits a felonious assault if he or she does either of the following:

  • Causes serious physical harm to another person or to another person’s unborn; or
  • 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.

Felonious assault is generally a second-degree felony, but an alleged offender can be charged with a first-degree felony if the alleged victim is a peace officer or an investigator of the bureau of criminal identification and investigation.

Ohio Revised Code § 2923.11(A) defines a deadly weapon 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,” while 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, 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.

An alleged offender can also be charged with felonious assault if, with knowledge that he or she has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome (AIDS), he or she does any of the following:

  • Engages in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
  • Engages in sexual conduct with a person whom the alleged offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the alleged offender has tested positive as a carrier of a virus that causes AIDS; or
  • Engages in sexual conduct with a person under 18 years of age who is not the spouse of the alleged offender.

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Felonious Assault Penalties in Cincinnati

Felonious assault convictions are punishable as follows, depending on the grade of the alleged offense:

  • Second-Degree Felony— Up to eight years in prison and/or fine of up to $15,000; or
  • First-Degree Felony— Up to 11 years in prison and/or fine of up to $20,000.

If the alleged victim of a felonious assault was a woman whom the alleged offender knew was pregnant at the time of the alleged offense, Ohio Revised Code § 2929.14 establishes that the court will impose a mandatory prison term that is either a definite prison term of six months or one of the following:

  • Second-Degree Felony— Two, three, four, five, six, seven, or eight years; or
  • First-Degree Felony— Three, four, five, six, seven, eight, nine, 10, or 11 years.

If the alleged victim 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 prescribed for a first-degree felony under Ohio Revised Code § 2929.13(F) that cannot be reduced.

If the deadly weapon used in the commission of a felonious assault is a motor vehicle, the court will impose a class two suspension of the alleged offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or non-resident operating privilege as specified in Ohio Revised Code § 4510.02(A)(2).

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Defenses to Felonious Assault in Cincinnati

A criminal defense lawyer can present any of several defenses on your behalf. The right defense strategy depends on the facts of your case. Some common defenses include:

  • Violation of your constitutional rights
  • Consent
  • Self-defense
  • Insufficient evidence
  • Mistaken identity
  • Prosecution failed to prove their case of felonious assault

A Joslyn Law Firm felonious assault lawyer in Cincinnati can review the details and circumstances of your case and devise the best defense strategy for you. Call today for a free consultation.

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Ohio Felonious Assault Resources

Ohio Revised Code 2903.07

This section of the R.C. will give you the letter of the state law as it pertains to felonious assault. Review this resource to better understand how Ohio defines this offense and to learn more about the penalties that accompany conviction for felonious assault. This useful government source includes linked cross-references to other aspects of state law that can affect your case, including a host of terms that will help you grasp the finer details of the legal road that lies ahead for a person charged with felonious assault.

Felony Sentencing Quick Reference Guide

The Ohio Sentencing Commission publishes this guide to illustrate the facts that courts consider when considering sentencing following a conviction. Here you will understand the parameters—like seriousness and recidivism—that come into play in these decisions. The guide also introduces readers to the overarching and overriding principles of sentencing, which consist of protecting the public, punishing the offender, and facilitating the offender’s rehabilitation with minimal possible sanctions. In some cases—human trafficking, assaults on pregnant women, murder, and some other offenses—a conviction in Ohio connects with mandatory prison terms. This guide outlines each of these scenarios. Finally, a felony sentencing table clearly depicts the sentencing guidelines, prison terms, maximum fines, post-release control requirements associated with each level of felony.

Ohio Attorney General’s Crime Victims’ Rights

This useful document outlines victims’ rights as guaranteed by state law. Much of the information can prove useful to the alleged criminal offender, too. For example, the victim of a crime in Ohio has the right to receive information related to the investigation of the crime they experienced. They will also receive notification when police have arrested a suspect, when the court releases the suspect, if the suspect escapes, an dates of public proceedings. This document also describes how a crime victim can obtain a protection order that compels an alleged offender to maintain distance from the victim. In some cases, the victim has the right to know the address of the individual who committed the offense.

State v. Triplett, 192 Ohio App.3d 600, 2011-Ohio-816

Walter Triplett was charged with involuntary manslaughter and felonious assault in a two-count indictment filed May 12, 2009, after he punched Michael Corrado once and Corrado suffered a head injury, dying later that day. Triplett claimed that he acted in defense of his twin sister. A jury found Triplett guilty of felonious assault but was unable to reach an agreement on the involuntary manslaughter charge.

The Eighth District Court of Appeals reversed and remanded the judgment, noting 13 assignments of error, including Triplett having been denied due process of law in eight different instances as well as being denied his right to a speedy trial, denied a fair trial by reason of improper prosecutorial argument, and unconstitutionally subjected to multiple punishments in violation of the Ohio and Federal Constitutions.

State v. Parr, 2016-Ohio-5629

Sabrina Parr was found guilty of two counts of felonious assault and one count of domestic violence. At the end of trial, before jury deliberations, the trial court gave the following jury instructions to the jury:

If you find that the state failed to prove beyond a reasonable doubt all of the essential elements of the offense of felonious assault as charged in Count 1 of the indictment, and you further find that the defendant proved by a preponderance of the evidence all of the essential elements of the affirmative defense of self-defense, your verdict must be not guilty. (Tr. 867.)

And here is the lesser included offense. It’s called aggravated assault, in violation of 2903.12. If you find that the state failed to prove beyond a reasonable doubt all of the essential elements of felonious assault in Count 1, then your verdict must be not guilty of that offense. In that event, or if you are unable to unanimously agree, you will continue your deliberations to decide whether the state has proved beyond a reasonable doubt all the essential elements of the lesser included offense of aggravated assault. (Tr. 868.)

The Eighth District Court of Appeals concluded that the trial court incorrectly instructed the jury that if they find Parr not guilty of felonious assault, then they have to consider Parr’s guilt for aggravated assault. The Court vacated Parr’s conviction and remanded the case to the lower court for a new trial.

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Felonious Assault News in Cincinnati

January 22, 2021

Man Accused of Raping Woman, 2 Transgender Individuals at Gunpoint, Prosecutor Says

A Cincinnati man, Adonas Hicks, was indicted on charges of felonious assault, rape, kidnapping, and aggravated robbery. Hicks faces a possible sentence of life in prison. He is accused of raping a woman at gunpoint. The alleged incident occurred on September 7, 2020 as the woman walked home. Two other victims were allegedly raped by Hicks on November 8, 2020.

Both of these victims are transgender, and Hicks met them on the internet. In both of these assaults, Hicks allegedly raped the victims at gunpoint while they were in a “vulnerable situation,” according to Hamilton County Prosecutor Joseph Deters. The prosecutor announced his office is investigating whether Hicks targeted his victims and has urged other people who Hicks might have raped to call the Cincinnati Police Department and report the incidents.

January 6, 2021

Ohio Fugitive Arrested for Double Homicide at Illegal Gambling Operation

On January 6, 2021, U.S. Marshals Service Southern Ohio Fugitive Apprehension Strike Team (SOFAST) apprehended Ohio man, Jay Harris. The man was charged with aggravated robbery, multiple counts of robbery, aggravated burglary, and two counts of felonious assault.

The charges connect to a November 1, 2019 incident in which Harris and two other men allegedly tried to rob people who were gambling in a Hampton Inn and Suites hotel room. A shootout ensued, causing three people to suffer injuries from which two of the victims later died. If convicted, Harris and the other men involved in the heist could each be sentenced to life in prison.

December 31, 2020

Police to Patrol Cincinnati’s ‘Hotspot’ Areas on NYE to Reduce Celebratory Gunfire

The Cincinnati Police Department announced its plans to patrol identified “hotspot” locations around the city in an effort to reduce the amount of New Year’s Eve celebratory gunfire. CPD Sgt. Eric Franz noted that the city had experienced celebratory gunfire in years past, resulting in people getting injured.

He asserted that anyone caught firing a weapon in public that night would be arrested, calling the offense a felonious assault. The police department further stated it would use ShotSpotter activations to instantly notify police of such gunfire. The device automatically alerts police of the precise location of the illegal incident.

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Frequently Asked Questions About Felonious Assault in Ohio

Q: When can a person be charged with felonious assault in Ohio?

A: According to Ohio Revised Code § 2903.11, an individual can be charged with felonious assault if they either cause serious physical harm to another individual or to someone else’s unborn child or if they harm or try to harm another individual or someone else’s unborn child using a deadly weapon or dangerous ordnance.

A person also faces felonious assault charges if they have tested positive for AIDS and engage in sexual conduct with another individual without telling that person about their health condition. Even if they share the information, if that person lacks the mental capacity to comprehend the significance of this information or is under the age of 18 and not the offender’s spouse, the offender can be charged with felonious assault.

Q: How can a conviction for felonious assault in Cincinnati result in a mandatory prison sentence?

A: A conviction for felonious assault in Cincinnati can result in a mandatory prison term under several circumstances:

  • If the offense also involves a pregnant woman and the offender knew of the pregnancy
  • If the assault harmed an officer of the peace or an investigator with the bureau of criminal identification and investigation
  • If the assault involved the use of an accelerant
  • If the victim was under the age of 10

Q: What are some defenses against Ohio felonious assault charges?

A: Common defenses against felonious assault charges in Ohio include:

  • Self-defense or defense of another individual
  • Insufficient evidence
  • Consent
  • Defendant’s rights were violated
  • Lack of intent
  • Mistaken identity

A criminal defense lawyer can investigate the facts of your case to devise a strategy that could have charges reduced or dismissed or otherwise yield the best outcome for their client.

Q: Can I reduce my felonious assault charges to a lesser offense?

A: Yes, there are ways in which your felonious assault charge can be reduced to a lesser offense. Your defense lawyer can negotiate a plea bargain with the prosecutor. Your attorney will investigate how police investigated the alleged offense, and if they find mistakes made in the investigation, this could lead to a reduced charge. Any of the defense strategies your lawyer presents can result in a prosecutor reducing charges, if not dismissing your case altogether.

Q: What are the types of evidence in Ohio felonious assault cases?

A: The Ohio Supreme Court requires that the state produce sufficient evidence that convinces a jury beyond a reasonable doubt of every element of the felonious assault charges against you. Some of the types of evidence the prosecution might use to establish their case include:

  • Witness testimony
  • Statements you made to police/investigators
  • Photographs
  • Surveillance videos
  • Weapons
  • Hospital records
  • Police investigation reports

Q: Where can I find more information about felonious assault in Cincinnati?

A: To learn more about felonious assault in Cincinnati, you can review Ohio Revised Code 2903.11. This document outlines the state’s definition of felonious assault, as well as definitions of key terms used throughout Ohio law regarding this offense.

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Felonious Assault Lawyer in Cincinnati

Do you think that you might be under investigation, or were you already arrested for an alleged felonious assault anywhere in southwest Ohio? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm as soon as possible.

Brian Joslyn is an felonious assault lawyer in Cincinnati who represents individuals in Springfield, Montgomery, Colerain, Reading, Forest Park, Symmes, Blue Ash, Miami, and many surrounding areas of Hamilton County. We can review your case and help you understand all of your legal options when you call (513) 399-6289 or complete an online contact form to take advantage of a free initial consultation.

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