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Assault Attorney Near Me

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Assault Attorney Near Me

These words are not just an empty marketing phrase. Physical proximity is important in an attorney-client relationship. While online and telephone conferences are available, they cannot substitute for a personal consultation. Additionally, attorney-client conversations which occur outside a lawyer’s office could have some lack of confidentiality issues.

The assault attorneys near you at The VanNoy Firm understand that, in a partnership, both partners must pull their weight. Therefore, we work hard every day to build a solid defense against serious assault charges. As outlined below, this defense could be a lack of evidence or an affirmative defense. Our hard work ensures that we obtain the best possible result under the circumstances.

Kinds of Assault in Ohio

All assault crimes in the Buckeye State have serious direct and collateral consequences. Jail time is a real possibility, even for a first offense. The collateral consequences usually include employment problems, issues in a current or future family law case, and immigration difficulties. These same consequences apply in all three kinds of assault cases in Montgomery County.

  • Assault By Contact: ABC is the lowest form of assault in Ohio. It is related to common-law battery, which is a harmful or offensive touch. So, these charges are very easy for prosecutors to establish in court.
  • Simple Assault: There is nothing “simple” about these charges, especially if the alleged victim was a family member. Contrary to popular myth, physical injury is not an element of simple assault. An injury simply makes the charges more difficult to disprove.
  • Aggravated Assault: Prosecutors usually upgrade misdemeanor assault charges to felonies if the victim was in a protected class, the injuries were serious, or the defendant used a dangerous or deadly weapon. All these upgrades have very specific meanings.

The different layers make it easier for an assault attorney near you to engineer a plea to a lesser-included offense. For example, if the evidence is weak or there is a possible defense, many prosecutors will reduce aggravated assault charges to simple assault or even ABC.

Possible Defenses to Assault Charges

The burden of proof, beyond a reasonable doubt, is very high in criminal court. As a result, lack of evidence is often an effective defense to criminal charges.

Generally, the alleged victim’s testimony is the lynchpin of a prosecutor’s case. Since the trial usually happens many months after the assault, many alleged victims have relocated beyond the court’s subpoena range or lost interest in the case. 

Prosecutors can force reluctant alleged victims to testify, but the result is a very bad scene for everyone. Alternatively, prosecutors could use an obscure loophole in the hearsay rule to introduce part of the police report into evidence. But this tactic rarely succeeds.

Self-defense is the most common affirmative defense in assault cases. It usually applies if the defendant used reasonably necessary force to answer a credible threat to people or property. Ohio’s self-defense laws are fairly broad, so this defense is often available.

Connect With an Effective Lawyer

There are several defenses available to serious assault charges. For a confidential consultation with an experienced assault attorney near you, contact The VanNoy Firm. Convenient payment plans are available.

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