When someone calls the police to report an assault allegation, the person being accused is often arrested regardless of who was actually to blame. In addition, fights can happen so quickly that even those involved do not have a clear understanding of what occurred. Determining who was at fault after a physical confrontation is never an easy task for law enforcement and courts. As a result, many innocent people find themselves subject to such charges. Successfully defending yourself against assault allegations requires an experienced criminal defense attorney to correct the injustice. Contact Fogt Law Office to protect your legal rights and interests.
What is Assault?
There are four categories of assault charges: Felonious Assault, Aggravated Assault, Assault, and Negligent Assault. Assault charges can range from third-degree misdemeanors to first-degree felonies depending on the situation.
Felonious Assault – R.C. 2903.11
Felonious Assault occurs when someone either knowingly causes serious physical harm to another person or their unborn child; or causes or attempts to cause physical harm to another person or their unborn by means of a deadly weapon or dangerous ordnance. An individual can also be charged with Felonious Assault if they engage in sexual activity while knowingly carrying HIV or AIDS. A Felonious Assault charge can be classified as either a first or second-degree felony depending on the circumstances.
Aggravated Assault – R.C. 2903.12
Aggravated Assault must involve serious physical harm or the cause of harm or attempt to cause harm with a deadly weapon. In addition, the alleged victim must provoke the offender into a sudden passion or fit of rage that would reasonably cause them to use force. Due to the provocation element involved in Aggravated Assault, penalties are less severe than with Felonious Assault. Aggravated Assault charges are classified as either third or fourth-degree felonies.
Assault – R.C. 2903.13
An Assault violation occurs when someone recklessly or knowingly causes or attempts to cause physical harm to another person or their unborn child. These charges range from first-degree misdemeanors to third-degree felonies depending on whether the crime involved certain kinds of victims such as prison staff, emergency responders, judges, children services employees, and functionally impaired individuals.
Negligent Assault – R.C. 2903.14
Negligent Assault occurs when someone negligently causes physical harm to another person or their unborn. The negligent aspect of this charge implies that harm was caused by accident, but the offender failed to take reasonable care to prevent it from happening. This violation is always classified as a third-degree misdemeanor.
Assault charges can arise from a wide variety of situations and the person being accused is not always the instigator and/or cause of the violence. There are many situations in which it can be legal and necessary to defend yourself or others. For example, perhaps you were at a bar and you had to protect yourself after being attacked by someone intoxicated. Or maybe, you were at a sporting event and used force to break up a fight between other people. Regardless of the scenario, you should contact Attorney Christopher Fogt to discuss the possibility of pursuing a strategy of self-defense.
FOGT LAW CAN HELP
Attorney Christopher Fogt has defended countless clients accused of assault and other violent offenses. His winning strategy begins by discussing the incident with the client to learn their perspective and gather as much information as possible. It is also vitally important to find out what motivated the conflict and whether there was any relationship between the client and their accuser. Attorney Fogt obtains and reviews all relevant evidence including medical records, police reports, videos, and correspondence. Fogt Law Office has extensive legal resources at its disposal to defend clients including experienced private investigators, who interview witnesses, analyze information, and collect other beneficial evidence. If you have been charged with assault or you were recently involved in a physical conflict, contact Attorney Christopher Fogt to discuss your case and legal options.