A man recently died after being put in a chokehold during an argument according to law enforcement officials. The man accused of putting the chokehold on the victim is 33-year-old, Timothy Jones. He is being charged with felony assault, but additional charges could be filed in connection with the death of the victim, Corey Grimm.
Jones allegedly invited Grimm into his home and the two men got into an argument over drug use. Jones used a choke hold on Grimm until the man became unconscious. The incident remains under investigation.
What is Assault in Ohio?
Ohio laws define assault as attempting to cause or causing harm to another person or even an unborn child. Assault may be classified into certain categories when it comes to definition and penalties based on certain criteria. These categories may include felony assault and aggravated assault, and both result in the accused needing experienced Xenia legal representation.
What is Considered Aggravated Assault?
Aggravated assault is when the offender is in an extremely emotional state and commits the offense after the emotional turmoil was provoked by the victim. Charges for this crime may be filed when the offender causes serious harm to the victim or their unborn child or the offender attempts to cause or causes harm to the victim or their unborn child while using a firearm or deadly weapon. Aggravated assault is considered a fourth-degree felony but may be elevated to a second-degree felony if the victim is a law enforcement officer.
Penalties for aggravated assault may include six to 18 months and a fine of up to $5,000 if the crime is a fourth-degree felony. However, if the crime has been elevated, the penalty could increase to nine months to three years in prison and a fine of up to $10,000.
What is Felony Assault?
A person may be charged with felony assault in Ohio if he or she knowingly causes physical harm to another person or that person’s unborn child. A person may also be charged with felony assault if he or she causes or attempts to cause serious harm to a person using a firearm or deadly weapon. Having sex with another person when you are HIV positive is also considered felony assault in Ohio if you failed to inform the other person of your HIV status, the other person does not have the mental capacity to understand the risk, or the other person is under the age of 18, unless he or she is your spouse.
Felony assault in Ohio is a second-degree felony, but if the victim is an officer of the law, the charges will be elevated to a first-degree felony. Penalties for a second-degree felony may include a fine of up to $15,000 and two to eight years in prison. If the charges are elevated to a first-degree felony, the penalty may be increased to a fine of up to $20,000 and three to 11 years in prison.
Contact an Experienced Xenia Criminal Defense Attorney
With such steep penalties, assault is not a crime that should be taken lightly in Ohio. The attorneys at The VanNoy Firm are highly experienced in criminal defense and will work to protect your rights. Call us today to schedule a consultation.