Your first court appearance is the arraignment, where you will be formally charged and will enter a plea of not guilty. The judge will also set bond conditions for your release while the case is pending.
Assault & Battery
Assault & Battery
Experienced Dayton Battery Attorneys
Assault and battery charges should never be taken lightly.
These are serious offenses, and if you are convicted, you can face significant consequences.
The crimes of assault and battery are fairly well known as criminal charges you might face if you get into a fight with someone. But not many people know that you do not have to make physical contact with someone else, nor do you even have to have the intention of causing physical harm to another in order to be charged with assault. Assault can be committed by accident if you acted or recklessly conducted yourself.
Assault and battery charges are a serious matter because they can be either misdemeanor or felony level offenses depending on the particular circumstances surrounding the assault. If you are facing assault and battery charges in Ohio, you need to speak with an experienced assault and battery criminal defense attorney at your earliest convenience.
FAQs About Assault & Battery Charges
What happens at the first court appearance for an assault charge?
Could I go to prison for an assault conviction?
Yes, a felony assault conviction carries a presumption of a prison sentence in Ohio. The length of the sentence depends on the degree of the felony and the surrounding circumstances of the case.
What should I do if I was falsely accused of assault?
False accusations are a painful reality, and they serve as a powerful defense if supported by evidence. An attorney can help gather key evidence, interview witnesses and expose inconsistencies to prove your innocence.
How does an assault charge affect child custody cases?
A conviction for assault, especially domestic violence, can have a devastating impact on a child custody case. The court’s primary concern is the best interest of the child, and a history of violence is a major factor.
Can I claim self-defense against an assault charge?
Yes, self-defense is a valid and common defense to an assault charge in Ohio. You must prove that you had a reasonable belief that you were in imminent danger of bodily harm and used only the force necessary to protect yourself.
What is the difference between misdemeanor and felony assault?
Assault is typically a misdemeanor, but it can be elevated to a felony depending on various factors like the severity of the injury or if a deadly weapon was used. The status of the victim, such as a police officer, can also result in a felony charge.
What Are Assault and Battery?
Generally speaking, an assault is committed when a person causes or attempts to cause harm to another. The crime of battery involves the intentional or negligent offensive physical contact or bodily harm between one person and another. Assault exists in several forms:
- Simple assault. Simple assault involves a person knowingly causing or trying to cause physical harm to another or, alternatively, recklessly causing serious physical harm to another.
- Negligent assault. When physical harm is caused to a victim through the negligent use of a deadly weapon, the person who committed the harm could be held liable for negligent assault.
- Felony assault. Felony assault occurs when someone seriously harms another person or attempts to seriously harm someone with a deadly weapon.
- Aggravated assault. Aggravated assault is the same as felony assault, except aggravated assault requires that the assault was done while under the influence of sudden passion or during a fit of rage.
Potential Defenses to Assault and Battery Charges
There are a number of legitimate defenses that can be raised to assault and battery charges in Ohio. Once you consult with an experienced assault and battery criminal defense attorney, your lawyer will be able to help you identify which potential defenses may be available to you. Whether or not a particular defense is available to you in your particular case will depend on your specific circumstances and the fact surrounding your case. A few potential defenses to assault and battery charges include:
- You acted in self-defense to protect yourself from a physical attack.
- You acted in defense of someone else.
- You acted to defend against the invasion of your property or against the illegal taking of your property.
- You had consent from the alleged victim to act in the way that you did.
Need An Assault and Battery Attorney? Contact Us.
Reach out to the experienced assault and battery attorneys at The VanNoy Firm to speak to one of our team members about preparing your assault and battery defense. You need to fight to defend your rights. Contact us today to discuss your particular circumstances.
Getting into a fight with someone can lead to assault and battery charges. But you do not necessarily have to purposely intend to inflict harm on someone in order to be charged with assault and battery.
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