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Assault / Aggravated Assault

If you have been accused of an assault offense in Dayton, it is very important to know that assault allegations can result in serious penalties and punishments, such as steep fines, lengthy jail or prison terms, an inability to own or possess a firearm and/or a criminal record.

Assault accusations can arise in a number of ways. For example, another person may try to taunt or provoke you. If you respond to the provocation, the initial aggressor may claim you assaulted them. Also, verbal fights or threats of violence may lead to accusations of assault. Even touching another person in a way they consider threatening can result in allegations of an assault offense.

Assault charges do not necessarily have to result in a conviction. The state prosecutor must first prove you committed every element of the offense beyond a reasonable doubt, which can be a very difficult burden of proof to establish. If the prosecutor is unable to prove their case by this burden of proof, the charges against you may be reduced or even dismissed. Therefore, it is essential to contact an experienced assault lawyer in Dayton to help you create the best defense to the allegations against you for your particular situation.

Dayton Assault Lawyer

Contact the Joslyn Law Firm for a consultation today about your alleged assault offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is experienced in defending assault allegations in Ohio and will make every effort to help you achieve the most desirable outcome for your particular situation. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with an assault offense throughout Dayton, Ohio.


Assault in Dayton

As defined in section 2903.13 of the Ohio Revised Code, an individual can be charged with assault if they knowingly attempt to cause or cause physical harm or serious physical harm to another person.

Additionally, according to the Ohio Rev. Code § 2903.14, an individual can be charged with negligent assault if they negligently cause physical harm to another person through the use of a deadly weapon or dangerous ordnance.


Dayton Aggravated Assault

Under section 2903.12 of the Ohio Revised Code, an individual can be charged with aggravated assault if they knowingly cause serious physical harm to another person when they were provoked, enraged or in the heat of passion.

An individual can also be charged with aggravated assault if they knowingly cause or attempt to cause physical harm to another person through the use of a deadly weapon or dangerous ordnance when they are provoked, enraged or in the heat of passion.


Felonious Assault in Dayton

According to the Ohio Rev. Code § 2903.11, an individual can be charged with felonious assault if they knowingly:

  • Cause serious physical harm to another person;
  • Cause or attempt to cause serious physical harm to another person through the use if a deadly weapon or dangerous ordnance;
  • Engage in sexual conduct with another person with knowledge they have tested positive to a virus that causes AIDS without disclosing the knowledge;
  • Engage in sexual conduct with another person the alleged offender knows or has reasonable cause to know lacks the mental capacity to understand that the alleged offender has tested positive to a virus that causes AIDS; or
  • Engage in sexual conduct with an individual under the age of 18 who is not the alleged offender's spouse with knowledge they have tested positive to a virus that causes AIDS.

Dayton Penalties for Assaultive Offenses

The penalties for various assault offenses are set forth in the Ohio Revised Code and can vary depending on the degree of assault, how the assault offense occurred, whether the alleged offender has any previous criminal history, where the assault offense occurred and/or who the assault offense was committed against.

  • An individual who is charged with negligent assault can be convicted of a misdemeanor of the third degree, which is generally punishable by a jail sentence up to 60 days and/or a fine up to $500.
  • An individual who is charged with assault can be convicted of a misdemeanor of the first degree, which is generally punishable by up to 180 days in jail and/or a fine up to $1,000.
  • An individual who is charged with committing assault in any of the following situations can be convicted of a felony of the fifth degree, which is punishable by a prison sentence ranging from six months to one year and/or a fine up to $2,500.
    • Assault against an employee of a state correctional facility when the alleged offender is in custody at the facility, or
    • Assault against a school teacher or administrator while on school grounds.
  • An individual who is charged with committing assault in any of the following situations can be convicted of a felony of the fourth degree, which is punishable by a prison sentence ranging from six to 18 months and/or a fine up to $5,000.
    • Assault against a peace officer or a state investigator, or
    • Assault against a functionally impaired person when the alleged offender is the caretaker of that person.
  • An individual who is charged with aggravated assault can be convicted of a felony of the fourth degree, which is generally punishable by a prison sentence ranging from six months to 18 months and/or a fine not more than $5,000.
  • An individual who is charged with aggravated assault against a peace officer or a state investigator can be convicted of a felony of the third degree, which is punishable by one to five years in prison and/or a fine up to $10,000.
  • An individual who is charged with felonious assault can be convicted of a felony of the second degree, which is generally punishable by a prison sentence ranging from two to eight years and/or a fine up to $15,000.
  • An individual who is charged with felonious assault against a peace officer or state investigator can be convicted of a felony of the first degree, which is generally punishable by a prison sentence ranging from three to ten years and/or a fine up to $20,000.

Joslyn Law Firm | Dayton Aggravated Assault Attorney

If you have been for assault or aggravated assault in the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an aggressive Dayton violent crimes lawyer who will make every effort to help you avoid the most serious penalties and punishments to your alleged offense. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your assault charges in Dayton.

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