A felonious assault charge in Cleveland, Ohio, can cause a defendant problems long before they face a judge or jury. You may be dealing with bail money you had to put together or a no-contact order that keeps you out of your own home. Whatever the circumstances, we understand how difficult this time can be.
An arrest does not tell the whole story. Witness statements may conflict, video footage may provide additional context, and medical records may raise questions about the allegations against you.
Wisehart Wright Trial Lawyers can begin by reading the police report closely and comparing it against witness statements, available video, medical records, and other evidence. We can look for weaknesses in the prosecution’s case and build a criminal defense based on the facts.
Reach out to us at (216) 510-9985 to schedule a free consultation with a Cleveland felonious assault lawyer today.
Why Choose Wisehart Wright Trial Lawyers for Help If You’re Arrested for Felonious Assault in Cleveland, OH?
People facing felonious assault charges in Cleveland, OH, turn to Wisehart Wright Trial Lawyers because of our skill and experience. Many defense firms are built to negotiate a plea and move on. We prepare every case as if it will go before a jury.
Some reasons to hire Wisehart Wright Trial Lawyers include:
- 181 years of combined legal experience
- Attorneys recognized by Super Lawyers
- Members of our legal team have earned Top 40 Under 40 recognition
- Thousands of clients successfully defended
A felony case in Cleveland is not something to handle with just any lawyer. Let our experienced team help you when you need it most. Call us today to schedule a free case evaluation with a Cleveland criminal defense attorney.
Overview of Felonious Assault in Ohio
Under Ohio law, a person generally commits felonious assault when they knowingly do either of the following:
- Cause serious physical harm to another person or an unborn child
- Cause or attempt to cause physical harm to another person or an unborn child by means of a deadly weapon or dangerous ordnance
Ohio law does not necessarily require proof that a defendant specifically intended to cause serious injury. A person acts “knowingly” when they are aware that their conduct will probably cause a particular result or will probably be of a particular nature.
A “deadly weapon” is not limited to a gun or a knife. Ohio law generally defines the term as something capable of inflicting death that is designed or specially adapted for use as a weapon or is possessed, carried, or used as a weapon.
The felonious assault statute also contains a separate provision involving a person who knows they have tested positive for the virus that causes AIDS and knowingly engages in certain conduct prohibited by the statute.
What Are the Penalties for Felonious Assault in Cleveland, Ohio?
Felonious assault is generally a second-degree felony in Ohio. For many offenses committed on or after March 22, 2019, a second-degree felony is subject to an indefinite prison sentence. Under Ohio Revised Code Section 2929.14, the court generally selects a minimum prison term of two, three, four, five, six, seven, or eight years, with the maximum term calculated under Ohio law.
A second-degree felony can also carry a fine of up to $15,000, along with possible restitution and court costs.
If the victim of an assault under R.C. 2903.11(A) is a peace officer or a qualifying BCI investigator, the offense can be elevated to a first-degree felony. In those cases, the court generally selects a minimum prison term of anywhere between 3 and 11 years, with the maximum term determined under Ohio’s indefinite sentencing laws.
These are general sentencing rules. Prior convictions, firearm specifications, the identity of the alleged victim, and other circumstances can affect the sentence in a particular case. A Cleveland felonious assault attorney can review the charges and explain the potential penalties that may apply.
What Defenses Can Be Raised If I’m Arrested for Felonious Assault?
The defenses available in a felonious assault case depend on what happened and the exact allegations involved.
Common defenses include:
- Self-defense: Under Ohio law, a person can use reasonable force to protect themselves from an immediate threat of harm without a duty to retreat in places they have a right to be. Once supported by evidence, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.
- Lack of knowing intent: Felonious assault requires proof that the defendant acted knowingly; evidence showing the conduct was accidental rather than intentional can undermine this necessary element.
- Insufficient evidence of serious harm or weapon use: The prosecution must prove serious physical harm or the use/attempted use of a deadly weapon or dangerous ordnance beyond a reasonable doubt, which can be challenged using medical records, photos, and witness statements.
- Mistaken identity: Chaotic settings, poor lighting, and conflicting witness accounts can lead to misidentification, which can be challenged through witness reliability assessments, video footage, and phone records.
A Cleveland criminal defense lawyer at Wisehart Wright Trial Lawyers can review the evidence, identify possible weaknesses in the prosecution’s case, and explain the defense strategies that may be available.
Schedule a Free Case Evaluation With a Cleveland Felonious Assault Lawyer Today
If you have been charged with felonious assault, the decisions you make next are important. Statements to detectives, social media posts, and contact with the other person involved can potentially become evidence in the case.
Wisehart Wright Trial Lawyers can step in early to seek available footage, speak with witnesses, review medical evidence, and determine whether self-defense or another defense may apply. When appropriate, we can also discuss the case with the prosecutor and evaluate whether a reduced charge, dismissal, or trial should be pursued based on the circumstances.
Contact the firm to schedule a confidential consultation with a Cleveland felonious assault attorney today.