Definition Errors in Case of Assaults Can Lead to Serious Sentences

Posted by Tim Jack on June 28th, 2017

Assault cases are most confusing cases in the world. They are a real challenge for Criminal Defense as proving the intent forms the basis of the case. There are thin lines dividing the severity of these cases and a minor mistake can escalate the sentence out of proportion. An aggravated assault can easily be misunderstood as a felonious assault and the convict may have to serve a much longer jail time with even heavier fines. The definition of Assault also varies from state to state, for example, it is very different in Milwaukee than in Texas, and Ohio. In Milwaukee, you can even be booked for assault just for threatening the victim by words or actions whereas in other states like Ohio and Texas causing bodily harm with reckless behavior to cause injury is defined as assault.

Strong Case Preparation- Local Laws Mean a Lot

The inability to the defense attorney to define the assault cases correctly can lead the accused into deep trouble. The minute variations in the law also make it very difficult for the defense attorneys of different states to present the case of their clients correctly. The assault cases come up the sleeve by accident most of the times. A heated argument leading to minor scuffle while driving, or a brawl in the pub or even a misplaced comment can lead to fights which may turn into an assault case.

If you have been charged with an assault case in Ohio taking the help of an Assault Attorney in Bowling Green, Ohio would be your best bet as a local lawyer would be in a better position to represent your case in the court of law.

Fine Lines between the Charges- Significant Difference in Penalties

There are various categories of assault charges like the simple assault, negligent assault, aggravated assault or felonious assault. The fines and penalties for each are separate and if you are not represented correctly then the chances of serving fines and jail time for serious charges increase considerably. Therefore, hiring a seasoned and experienced Criminal Defense Attorney from Bowling Green, Ohio for such cases would be the best bet for you.

The four assault categories, laws, and penalties pertaining to them are:

Simple Assault

Simple assaults generally fall into the category of a misdemeanor. You can be charged under this for unknowingly causing bodily harm to others due to irresponsible behavior. Causing minor injuries by drunken driving will fall into this category.

As for a first -degree misdemeanor, a penalty up to 00 and jail time of 6 months may be imposed on the accused.

Negligent Assault

These are the assault cases inviting the least penalties and hence the defense attorneys would always try to drive the cases to this point in case the accused cannot get a complete acquittal. A negligent assault means that the accused did not cause any harm with intent. It was accidental and unplanned. In general bodily harm caused due to the use of dangerous weapons fall into this category.

It is treated as a 3rd-degree misdemeanor and can attract jail time up to 3 months and a fine of 0.

Aggravated Assault

An aggravated assault means intentionally causing serious injury to someone through the use of a deadly weapon. Aggravated assault is considered to be committed spontaneously under sudden fit of rage. There is a very thin line differentiating between aggravated assault and felonious assault but the penalties and punishments can vary drastically.

Aggravated assault may lead to 00 in fines and up to 6 years of imprisonment.

Felonious Assault

It is a planned assault caused by the intent to cause serious bodily harm using a lethal weapon. If the probable cause of the assault can be determined then felonious assault can lead to a very long term in jail and serious penalties.

A felonious assault may attract fines up to a whopping 000 and the accused may have to serve prison time for 8 years.

About the Author

The author is a practicing lawyer with more than 3 decades of experience at hand. He likes to educate people about the consequences such actions can have so that innocent people do not get at the wrong end of the law due to their ignorance of the nitty-gritty of the judicial system in Ohio.