If you were arrested on a felonious assault charge, significant jail time is possible if you are convicted. Even if you do not serve time, a conviction as a violent felon limits your housing, employment, and educational opportunities. You could also lose your gun rights, right to vote, and even risk losing custody of your children.

Do not face these serious charges without the help of a seasoned assault attorney. A Toledo felonious assault lawyer can explore all possible defenses and work to get you the best result the circumstances allow. Contact our firm today to schedule a consultation.

What is Felonious Assault?

An assault is an attempt to harm another person. Felonious assault, according to Ohio Revised Code Annotated § 2903.11, is knowingly doing or attempting severe harm to someone else, including an unborn child, while armed. Felonious assault is a second-degree felony unless the victim is a law enforcement officer. In that case, the crime is a first-degree felony.

A person could face this type of charge if, when the alleged assault occurred, the used a:

  • Gun
  • Knife
  • Device capable of causing death
  • Object adapted for use as a weapon or carried as a weapon

An individual could also face felonious assault for intentionally trying to harm someone with a motor vehicle.

In addition, having sex while HIV-positive is a felonious assault if the person with HIV did not inform their partner of their status before the sexual encounter or if their partner is under 18 or unable to understand the risks. Having the guidance of a knowledgeable Toledo felonious assault attorney can ensure the individual facing these charges understands the seriousness of the allegations they are under and receives the best opportunity to preserve their future.

Potential Defenses to Felonious Assault Charges

When someone faces felony charges, having an advocate with the time and resources to investigate the crime and challenge the prosecutor’s evidence is vital.

If police overstepped and violated a suspect’s constitutional rights, our legal professionals at Groth & Associates could persuade a prosecutor to drop the charges due to police misconduct. If the prosecutor does not agree, our attorneys could move to suppress any evidence law enforcement uncovered through illegal means.

Strong evidence of self-defense could also lead a prosecutor to drop charges. Other defenses that could be successful in a specific case include insufficient evidence and mistaken identity.

Penalties in Criminal Assault Cases

The State’s sentencing calls for people convicted of second-degree felonious assault to receive a sentence of up to eight years imprisonment and a $15000 fine. If convicted of a first-degree felonious assault, an offender faces up to 11 years in prison and a $20,000 fine.

Prison time is not mandatory upon conviction except in specific circumstances. If the injured party was pregnant and the accused allegedly knew she was pregnant when the assault occurred, they must serve at least six months in jail. If the injured party was a law enforcement officer, the alleged offender must serve a mandatory prison term of at least three years.

If a prosecutor is unwilling to reduce a charge, or if an accused asserts their innocence, going to trial and forcing them to prove every element of their case could be the best strategy. In other circumstances, an agreement to plea to lesser charges and avoid jail time might be the right solution. A Toledo felonious assault attorney can work to get the accused the best outcome possible in their specific circumstances.

Trust a Toledo Attorney to Handle Your Felony Assault Case

If you face felony assault charges, reach out to Groth & Associates Attorneys at Law immediately. Our legal representatives can start working to protect your rights and build a robust defense.

Do not risk your future. Call a Toledo felonious assault lawyer as soon as you are arrested or charged.