An arrest and conviction for assault could alter the trajectory of your life. Regardless of whether you face misdemeanor or felony charges, you could find yourself dealing with the fallout of a conviction long after your sentence has been completed.
You are entitled to defend yourself against allegations of assault and a seasoned defense attorney could help. Their efforts could see the charges against you reduced or even dismissed entirely. A Toledo assault lawyer could improve your chances of a favorable outcome through skillful knowledge and application of the law.
The basic example of an assault charge in Toledo is referred to as “simple” assault. To be convicted of this offense, the State must show that the defendant knowingly attempted to cause or actually caused harm to someone else. Alternatively, the state could show that a person was reckless in causing or attempting to cause harm.
Under the law, simple assault is treated as a first-degree misdemeanor. This means a conviction will lead to as much as six months in jail and a maximum fine of $1,000. An act that would otherwise be considered simple assault could be upgraded to a higher tier offense when additional factors are present.
The crime of negligent assault involves the careless use of a deadly weapon. However, it differs from more-serious charges due to the lack of intent. As the name implies, this offense covers injuries caused by deadly weapons that were used in a negligent or careless manner. This might not be a felony charge, but as a third-degree misdemeanor, it could still result in time behind bars. A Toledo assault attorney could develop a viable defense against allegations of negligent assault.
Aggravated assault differs from other assault charges, not due to the act itself but to the emotional state the defendant was allegedly in. This offense covers two specific fact patterns. First, this offense involves causing serious physical harm to an individual (including an unborn person). Second, it could involve causing any injury using some type of deadly weapon.
In addition to these elements, the mental state of the accused is also important. In order to qualify as aggravated assault, a person must commit a violent act under the influence of a sudden fit of rage or passion. This distinction is important as aggravated assault carries a lower penalty than felonious assault. In some cases, an assault defense attorney in Toledo could work to negotiate a felonious assault charge down to aggravated assault.
The most severely-punished assault offense in Toledo is known as felonious assault. As the name implies, this charge is always pursued by the prosecutors as a felony.
Felonious assault covers an act that causes serious physical harm or any type of harm using a deadly weapon. Furthermore, there are also sexually-based offenses that can also qualify as felonious assault. An example would be sexual contact without disclosing HIV-positive status beforehand. In any of these situations, felonious assault could result in years in prison, as well as costly fines.
No matter which assault offense you are charged with, a conviction could have a negative impact on your future. A Toledo assault lawyer could work with you to diminish these consequences or even beat the charges against you. Call today to learn if one of our highly-regarded attorneys could review your case and advise you on the best defense strategy moving forward.