Are you facing charges for assault and battery in the state of Ohio?
Then you owe it to yourself to make it as difficult as possible for the prosecution to convict you. You can always defend yourself against criminal charges and you have the right to be legally advised and supported by professionals.
Contact a Columbus battery attorney from the law firm of James D. Owen, LLC, today to learn more about how you can do just that.
Our attorneys have decades of experience in the field, and will definitely know how to help you and get you the best results possible at the end of the process.
How Our Columbus Law Firm Can Defend You Against Your Battery Charges
At James D. Owen, LLC, we are committed to providing the people of Columbus, Ohio, with a strong defense whenever they are accused of committing a crime. If you hire our Columbus criminal defense lawyers to assist you with your battery case, we will:
Devise an Effective Defense Strategy
No two assault and battery cases are identical. As such, if you are to reduce your odds of being convicted, you will need to come up with a defense strategy that is unique to your situation.
Fortunately, you won’t need to devise such a plan on your own. Our team of experienced attorneys has been defending the people of Columbus against assault charges for years. When you hire us, we will immediately get to work putting together an effective strategy for you.
Search for Exculpatory Evidence
Sometimes, the best way to beat an assault and battery charge in the state of Ohio is to prove that you could not have committed the crime. To do so, however, you will most likely need to gather quite a lot of exculpatory evidence, like:
- Witness testimony
- Surveillance camera footage
- GPS tracking data
Having worked in the legal field for many years, our lawyers know where to look to find this exculpatory evidence. When you hire us, we will use our knowledge and experience to assist you with your search.
Negotiate a Plea Bargain Deal with the Prosecutor
In the early stages of your battery case, the prosecuting attorney may offer you a plea bargain agreement. Of course, it is rarely wise to accept their initial proposal. It almost always makes more sense to sit down with the prosecutor and try to hammer out more lenient terms.
The attorneys here at the law firm of James D. Owen, LLC, have been negotiating plea bargain deals with prosecutors in Franklin County for years. As such, we know all of the best techniques to use to persuade them to reduce the fines and prison sentences in their proposals. With our team on your side, you can be certain that your best interests are being well represented at every stage of the deal-making process.
Argue on Your Behalf in Court
If you do not wish to explore the possibility of agreeing to a plea bargain deal, your assault and battery case is likely to end up in front of a judge and jury at the Franklin County Municipal Court.
Over the years, our attorneys have defended countless clients at trials in that courthouse – achieving numerous not guilty verdicts along the way. When you work with us, you can be confident that your case will be argued concisely and convincingly.
Are you ready to begin fighting back against the accusations of the state of Ohio with the help of an experienced assault and battery lawyer from James D. Owen, LLC? Then please pick up the phone, give us a call, and set up a free consultation at our Columbus law office.
An Overview of Ohio’s Assault and Battery Laws
Many states have two separate sets of laws dealing with the crimes of assault – causing harm to another person – and battery – causing offensive physical contact or bodily harm. The Ohio Revised Code combines these offenses into the following statutes:
Assault (ORC § 2903.13)
According to section 2903.13 of the Ohio Revised Code, an individual can be charged with and convicted of assault if they:
- Knowingly cause or attempt to cause physical harm to another person or their unborn baby, or
- Recklessly cause serious physical harm to another person or their unborn baby
The state of Ohio typically classifies assault as a first-degree misdemeanor. However, prosecutors can upgrade this offense to a felony if:
- The offense is committed by an inmate in a correctional facility and the victim is an employee of the facility or an authorized visitor
- The victim of the offense is an on-duty school teacher, bus driver, or administrator
- The victim of the offense is an on-duty peace officer, firefighter or paramedic
- The victim of the offense is an employee of a child service agency and is related to their work performance
- The victim of the offense is an on-duty doctor, nurse, or healthcare professional
- The victim of the offense is an on-duty judge, prosecutor, magistrate, or court employee
Aggravated Assault (ORC § 2903.12)
According to section 2903.12 of the Ohio Revised Code, an individual can be charged with and convicted of aggravated assault if they knowingly:
- Cause serious physical harm to another person or their unborn baby while under the influence of sudden passion or in a fit of rage, or
- Cause or attempt to cause physical harm to another person or their unborn baby using a deadly weapon or dangerous ordnance while under the influence of sudden passion or in a fit of rage
In the state of Ohio, aggravated assault is generally classified as a fourth-degree felony. However, it can be bumped up to a felony of the third degree if the victim is a peace officer.
Felonious Assault (ORC § 2903.11)
According to section 2903.11 of the Ohio Revised Code, an individual can be charged with and convicted of felonious assault if they knowingly:
- Cause serious physical harm to another person or their unborn baby, or
- Cause or attempt to cause physical harm to another person or their unborn baby using a deadly weapon or dangerous ordnance
Known carriers of the HIV/AIDS virus can also be charged with felonious assault if they:
- Engage in sexual conduct with another person without telling them about their positive status
- Engage in sexual conduct with a person that they have cause to believe lacks the mental capacity to understand the significance of their positive status
- Engage in sexual conduct with a person who has not yet turned 18 and is not their spouse
In most cases, felonious assault is punishable as a second-degree felony. However, if the victim of the offense is a peace officer, the state has the power to upgrade it to a felony of the first degree.
Negligent Assault (ORC § 2903.14)
According to section 2903.14 of the Ohio Revised Code, an individual can be charged with and convicted of negligent assault if they negligently use a deadly weapon or dangerous ordnance to cause physical harm to another person or their unborn baby.
In the Buckeye State, negligent assault is almost always classified as a misdemeanor of the third degree.
Have you been accused of assault or battery by the state of Ohio? If so, please contact the skilled attorneys here at James D. Owen, LLC, as soon as possible. We would love to arrange a free consultation to learn more about your case and walk you through your legal options.
Criminal Penalties for Assault and Battery Convictions in the State of Ohio
The state of Ohio penalizes individuals who have been convicted of violent crimes like assault and battery quite severely. The exact nature of their punishment depends on the felony or misdemeanor level of their offense:
- Felonies of the First Degree: A fine of up to $20,000 and as long as 16.5 years in state prison.
- Felonies of the Second Degree: A fine of up to $15,000 and as long as 12 years in state prison.
- Felonies of the Third Degree: A fine of up to $10,000 and as long as 5 years in state prison.
- Felonies of the Fourth Degree: A fine of up to $5,000 and as long as 18 months in state prison.
- Felonies of the Fifth Degree: A fine of up to $2,500 and as long as 12 months in state prison.
- Misdemeanors of the First Degree: A fine of up to $1,000 and as long as 180 days in county jail.
- Misdemeanors of the Second Degree: A fine of up to $750 and as long as 90 days in county jail.
- Misdemeanors of the Third Degree: A fine of up to $500 and as long as 90 days in county jail.
At James D. Owen, LLC, we know how frightening the penalties for violent crimes in the state of Ohio can be. That is why we fight so tirelessly to help our clients avoid them. Give us a call today if you would like to have us stand up for you.
Need a Columbus Battery Attorney? Contact Our Law Firm Today
Whether they need help fighting back against a domestic violence charge or an aggravated assault charge, the people of Columbus know they can count on the law firm of James D. Owen, LLC. Our team of lawyers has the legal skill and statutory knowledge needed to handle just about any case. Reach out to us today to learn more about how we can defend you against your criminal charge.