Columbus Assault and Battery Lawyer
Life can take an unexpected turn anytime for anyone, including people facing assault and battery charges in Columbus, Ohio. Things happen and can spiral out of control before you know it. Maybe it was an argument that ended up in a physical altercation, or someone lost their temper and things got out of hand.
Whatever the circumstances, Ohio takes crimes of assault—which occur when someone threatens another with physical bodily harm—very seriously. Offenders can face lengthy prison or jail sentences of up to five years, harsh fines up to $10,000, and other measures that can make life difficult before and after serving time.
If you are facing an assault charge in Columbus, Ohio, you may already be thinking about your future and wondering what a conviction could mean for you and your family. A Columbus assault and battery lawyer with Joslyn Law Firm can defend you against the charges in your case, protect your rights, and tell your side of the story.
We Represent Ohio Defendants Facing Assault and Battery Charges Near Columbus
While much may be at stake, our criminal defense team can help you prepare for what’s to come. If you were charged with assault, you can turn to legal professionals who know Ohio’s laws and understand the complexities of assault and battery charges. Joslyn Law Firm is serious about guiding you through your case. But we know—and we want you to know—that just because you were charged with a crime does not mean you cannot fight it.
With our collective 50-plus years of legal experience on your side, you will have access to attorneys who take their jobs seriously. To date, we have handled more than 20,000 criminal cases. Our winning record demonstrates our commitment to helping people from all walks of life, whether they are college students, blue- or white-collar professionals, or celebrities. We have been recognized nationally and locally for our work and earned a designation among the 10 Best Criminal Law Attorneys by The American Institute of Criminal Law Attorneys.
- Top 100 Trial Attorneys by the National Trial Lawyers Association
- Top Criminal Lawyer by Columbus CEO Magazine
- 2022 Best Criminal Defense Attorneys in Columbus by Expertise.com
Our Columbus assault and battery attorneys know the laws governing these cases, and we can put our knowledge to work for you. We have helped multiple clients have their charges reduced or even dismissed, and the lawyers at our firm will work to develop a defense strategy to do the same for you. We customize our defense strategies to your case, so you can be assured that your attorney is addressing your unique situation.
Call (614) 444-1900 today to discuss your assault and battery charges. We offer free consultations for most criminal defense cases. Our Columbus criminal defense attorney is ready to work for you.
Ohio Assault and Battery Information Center
- Ohio Assault and Battery Overview
- Criminal Punishments for Assault Charges
- Evidence in Columbus Assault and Battery Cases
- Common Defenses in Columbus Assault and Battery Cases
- Ohio Assault and Battery Resources
- Ohio Assault and Battery Legal Cases
- Ohio Assault and Battery News Articles
- Columbus Assault and Battery FAQs
- Joslyn Law Firm | Columbus Assault and Battery Crimes Defense Lawyer
Assault is one of the most frequently charged criminal offenses in Ohio. According to the 2018 Violence Data Brief from Columbus Public Health, assaults put many people in the hospital in Franklin County, Ohio. () Between 2013 and 2015, assault-related incidents sent more than 2,600 people to a hospital for medical care.
Per the report, being hit by a blunt object was the leading cause of assault and the reason for 46% of these hospitalizations. Also, firearm-related assaults were the second-leading cause of injury hospitalizations in Franklin County in that two-year period.
Understanding the Meaning of “Assault and Battery”
Assault charges can result from many situations that harm another person, even if the alleged offender did not intend to actually harm the alleged victim.
The term “assault and battery” is common when discussing these violent crimes. In Ohio, all assault and battery crimes constitute assault crimes. Still, battery is defined as what happens when a person intentionally or negligently and unlawfully comes into contact with someone.
Generally, when a person commits battery, they are following up on harming a person after threatening to do so. People can be charged with battery if actual physical harm occurs.
Examples of Assault
Many actions can be considered assault. Generally, these crimes demonstrate an attempt to cause harm on the offender’s behalf—even if the attempt did not actually cause physical harm. Examples of assault include:
- Throwing an object at someone
- Striking someone with an object, including a weapon
- Choking, punching, pushing, kicking, slapping, or spitting at someone
- Grabbing someone with force
- Brandishing a weapon that suggests someone will use it against another person
We will review the specifics of your case to determine if your assault charge is appropriate.
Assault and Battery Can Lead to Steep Consequences
Assault is a serious criminal offense in Ohio. A conviction for this offense can lead to serious repercussions, including:
- Jail or prison sentences
- Loss of the ability to own or possess a firearm
- Negative effects on your reputation
- Loss of certain employment or educational opportunities
- A criminal record
Everything you have worked for is at risk with a conviction. A criminal record will likely put you on a different track in life, one you probably did not plan for. It is worth it to fight for your future and protect yourself against these unfavorable outcomes. Hiring our Columbus assault and battery lawyer can help you protect your future.
Assault According to Ohio Law
According to Ohio Revised Code § 2903.13, an individual can face assault charges when they knowingly caused or attempted to cause physical or serious physical harm to another person or another person’s unborn child.
Ohio Aggravated Assault Statute
According to Ohio Revised Code § 2903.12, aggravated assault is when an individual knowingly caused serious physical harm to another person or to another person’s unborn child when they were provoked or in the heat of passion or rage.
A person can also be charged with this offense if they knowingly caused or attempted to cause physical harm to another person or to another person’s unborn child by using a deadly weapon. They may be so charged if they were provoked or in the heat of passion or rage.
Ohio Felonious Assault
Felonious assault, defined in Ohio Revised Code § 2903.11, occurs when a person knowingly harms someone else or attempts to harm them with a deadly weapon. A person can also face felonious assault charges if they do not disclose their HIV status before having sexual relations with another individual.
Additionally, a person could be charged with this offense if they engage in sexual relations with a person who is under age 18 and not the offender’s spouse.
Ohio Negligent Assault
Negligent assault, as defined in Ohio Revised Code § 2903.14, occurs when a person’s carelessness or recklessness leads to harming another person physically with a deadly weapon or firearm.
Assault is generally a misdemeanor of the first degree. This can lead to 180 days in jail and/or fines of up to $1,000.
If a caretaker of a functionally impaired person commits the assault, the offense is a felony of the third degree. This can result in a prison sentence between one to five years and/or fines not more than $10,000.
If the assault occurs in certain local or state correctional facilities, the victim is an employee of the facility, and the alleged offender is in custody at the facility, the offense is a fifth-degree felony. This can result in a prison sentence of six months to one year and/or fines not exceeding $2,500.
If the assault occurs on school grounds and the victim is a schoolteacher or administrator, the offense is a fifth-degree felony. This can result in a prison sentence of six months to one year and/or fines of not more than $2,500.
If the assault is against a peace officer or state investigator, the offense is a fourth-degree felony. This can result in imprisonment from six to 18 months and/or fines up to $5,000.
Aggravated assault is generally a fourth-degree felony. This can result in a prison sentence ranging from six to 18 months and/or fines of not more than $5,000. Aggravated assault is a fourth-degree felony in Ohio. However, if the victim is a law enforcement officer, it is a second-degree felony.
If the aggravated assault is against a peace officer or state investigator, the offense is a third-degree felony. This can result in imprisonment from one to five years and/or fines up to $10,000.
It is the prosecution’s burden to prove its case against you. It must prove beyond a reasonable doubt that you intentionally, knowingly, or negligently harmed someone else. As our Columbus assault and battery lawyer sets out to build your case, we can seek evidence that proves you did not commit the alleged assault. This evidence can include:
- The official police report about the incident
- Medical expenses, medical records documenting any injuries, and treatments for them
- Witness testimony from family, friends, and colleagues
- Expert witness testimony that gives insight into how events did or did not take place
- Surveillance camera footage or cell phone camera footage
- Photographs and electronic communications (emails, text messages, social media posts)
- Phone records
- Criminal records
- Physical evidence, such as torn or damaged clothing
- GPS tracking data
While we collect evidence that helps your case, we will also look at the prosecution’s evidence to see if it was obtained legally or if it is admissible in court.
Our Columbus assault and battery lawyer will develop a defense that seeks the most favorable outcome for you. This outcome may keep you from serving a prison sentence or lead to your charges being reduced or dismissed.
We will review your circumstances and tailor your defense according to your case’s details. Common defenses, however, arise in these cases, so one or more of the following could apply to your situation:
- You were acting in self-defense. If we use this defense, we must show you believed you were in danger or at risk of harm and that you could not have avoided the situation unless assault and/or battery occurred. This defense could be used if you were not the aggressor or at fault for initiating an attack and if you did everything you could to avoid the danger.
- You were defending someone else. This defense could apply if you defended someone else you saw being physically harmed before the attack occurred.
- You were defending your property. We could use this defense if we can show you used physical force to defend your property, including your home, car, purse, or wallet.
- You had consent. This defense, which is rare, could apply if someone voluntarily gave permission to exercise physical force against them.
Your defense could also include violations of your constitutional rights. For instance, there may be evidence that law enforcement arrested and charged you after an unlawful search and seizure or failed to read you your Miranda rights before placing you under arrest. We will examine how your arrest took place to see if procedural violations were committed.
Other criminal defense types could involve proving the assault accusation is false or that it is a case of mistaken identity.
Self-Defense Under Ohio Law
On April 6, 2021, a new “stand your ground” law took effect in Ohio, which expanded state residents’ legal protections when it comes to how and why they can defend themselves, others, and their properties when in danger. This became law with eh passing of Senate Bill 175. Before the new law took effect, Ohio residents had a “duty to retreat” before deciding whether to use force to defend themselves. The new law removes that requirement.
Now, under the new controversial law, there is no duty to move away from an attacker if a person is lawfully on a premises, such as their home (Ohio Revised Code § 2901.09). They also are within the confines of the law if they are not the aggressor and have a reasonable belief that they are in danger if they do not use force to avoid harm, injury, or loss.
Additionally, prosecutors “must prove beyond a reasonable doubt that the accused person did not use the force in self-defense, defense of another, or defense of that person’s residence,” according to Ohio Revised Coe § 2901.05(B)(1).
Depending on the circumstances of your case, you may be able to claim self-defense when facing assault and battery charges. As Columbus criminal defense lawyers, our team will have to:
- Show that your actions were proportional to the threat and that your actions were justifiable.
- Prove that you did not start the altercation that led to the injuries or death of the other party.
- Show that you believed you were in danger, and that your beliefs that you were in danger were reasonable in context.
Self-defense laws are nuanced, and each case presents its own challenges. Our lawyers can let you know if self-defense is the right approach to your criminal charges, and we can use our experience and knowledge to help you fight these accusations.
Felony Sentencing Reference Guide: The Ohio Criminal Sentencing Commission published this resource to explain the procedures Ohio follows when issuing sentences for felony crimes. The guide is regularly updated to include the most current statutes and opinions from the Supreme Court of Ohio. Topics include mandatory prison terms, indefinite and definite sentencing, and a felony sentencing table.
Ohio Crime Victims Compensation Program: Some individuals and families may be able to seek financial help after surviving a violent attack. These include dependents of homicide victims and people who pay for a crime victim’s expenses, such as a parent or guardian. Approved applicants could receive payments for medical expenses, counseling, lost income, and lost or damaged property.
Crime in Major Ohio Cities, Q2 – 2018: This report published by the Office of Criminal Justice Services of Ohio’s Department of Public Safety contains data about crimes that occurred in Ohio’s major metropolitan cities in the second quarter of 2018 (April 1 to June 30). Per the report, Columbus reported a decrease in aggravated assaults between the second quarter of 2017 and the second quarter of 2018.
State of Ohio v. Ladasia Brooks: The Ohio Supreme Court reviewed a case that addresses whether a change in state law can be applied retroactively to other cases, regardless of when the offenses occurred.
In September 2018, Ladasia Brooks of Columbus was indicted on six counts, including a count of assault, a misdemeanor. She was accused of entering the home of her ex-boyfriend’s mother, where he lived, without permission in June 2018. Once she was inside the home, she found the man and his girlfriend together.
When Brooks found the two, she began striking the woman. Her ex-boyfriend tried to break up the struggle when Brooks bit him on the ear. Brooks stood trial in October 2019 and was convicted on most of the charges, which include aggravated burglary and burglary and misdemeanor counts of assault, domestic violence, and criminal damaging. She was sentenced to seven years in prison.
During the trial, her attorney requested that the judge ask the jury to consider Brooks’ self-defense claim in accordance with House Bill (HB) 228, which went into effect after her offense date but before her trial. That bill requires the prosecution to bear the burden of proving that someone acted in self-defense.
The judge denied the request.
Brooks appealed her conviction to the Fifth District Court of Appeals, saying she did not get a fair trial because of the judge’s denial. The appeals court disagreed, saying the court used the proper version of Ohio Revised Code § 2901.05 during Brooks’ trial. It also said that changes to the law concerning who has the burden to prove self-defense had no bearing on Brooks’ case because changes to the law did not apply retroactively.
The Ohio Supreme Court remanded Brooks’ case back to the Fifth District Court of Appeals to address her claim that she acted in self-defense after claiming she was not trespassing when she entered her ex-boyfriend’s mother’s home.
State of Ohio v. Isaiah Martin: In this case, Isaiah Martin appealed his conviction following a bench trial, saying he was wrongfully imprisoned after he was tried and sentenced in a 2016 child custody transfer case that ended with him shooting Mark D’Amore, the father of his girlfriend’s children.
The exchange took place in the parking lot of the Cleveland Police First District. According to court documents, after a series of heated events, Martin drove to the parking lot with a loaded gun after overhearing his then-girlfriend, Amanda Reese, get into an argument with D’Amore. Martin ended up shooting D’Amore in the shoulder. Martin claimed he acted in self-defense after D’Amore, who was unarmed at the time, approached him.
In September 2016, Martin faced a six-count indictment for attempted murder, two counts of felonious assault, two counts of child endangering, and intimidation of a crime victim or witness. According to court documents, the attempted murder and felonious assault counts contained one- and three-year firearm specifications. Martin waived his right to a jury trial, so the trial court tried the case.
Martin was cleared of the other charges but found guilty of aggravated assault “as a ‘lesser included’ offense of felonious assault, as charged in both Counts 2 and 3.” The trial court also found him guilty of the firearm specifications. He was sentenced to three years on the firearms specifications that he would serve before and consecutive to a one-year community control sanctions on the underlying aggravated assault charge, court papers show.
Martin appealed the trial court’s decision, saying it erred when it found him guilty of aggravated assault as a lesser-included offense of felonious assault. The Court of Appeals of Ohio found in his favor, agreeing that aggravated assault is not a lesser-included offense of felonious assault. Therefore, when the trial court found Martin not guilty of felonious assault, it could not find him guilty of aggravated assault.
The judgment was reversed, and the case was remanded to the trial court so that it could enter a judgment to vacate his conviction for aggravated assault and the attendant firearm specifications.
July 22, 2022
Columbus Man Fatally Shot in Fight at Milo-Grogan Bar; Teen Wanted in East Side Shooting
Police responding to a fight in a Columbus bar left one man dead after he was shot, The Columbus Dispatch reports. The man, who was found behind the Avion Bar and Grill on St. Clair Avenue, died from his injuries at a hospital. The newspaper reports that his death is the third to occur in a Columbus-area bar fight in less than a week. Police have not identified any suspects as of this writing.
In another bar shooting, four people were shot, and two died from their injuries. In that case, Columbus police have warrants for Kacee Kenner and Anthony Davis, both 22 years old. They each face two counts of murder and felonious assault.
In a separate case involving a woman caught in the crossfire between two groups, an arrest warrant is out for the arrest of Kyrim Curenton, 16. Curenton is wanted on delinquency charges of reckless homicide and weapons-related charges.
July 22, 2022
Dontae Davon Owens, 42, of Columbus, Ohio, is facing felonious assault charges after a 24-year-old woman was shot in the arm in Portsmouth, Ohio, reports NewsChannel 3 (WSAZ-TV). The woman, Carissa Blanton, was released from the hospital after receiving treatment for the gunshot wound to her arm. Detectives are investigating the case.
Q: Does Ohio Treat All Assault Charges the Same?
No. Ohio has different categories for assault outlined in Ohio Revised Code § 2903: assault, aggravated assault, felonious assault, and negligent assault. The circumstances of the situation set them apart and determine the charge a person will face. The key thing to remember is that a person commits assault when they knowingly or intentionally cause harm to another person or their unborn child.
Q: Can an Aggravated Assault Charge Be Reduced to a Lesser Charge in Ohio?
A: The facts of your case will determine if an aggravated assault charge can be downgraded to a misdemeanor assault charge. An attorney can review your case and advise you if a lesser charge is possible.
Q: What Actions Can Lead to an Assault Charge in Ohio?
A: Each assault case is different, so the details will determine the charges, penalties, and possible outcomes. Causing someone harm or attempting to cause them harm is generally a key characteristic when it comes to assault.
Depending on the situation’s circumstances, a person could be charged with assault if they strike someone with an object, such as a stick, knife, or rock, or if they strike the person with a body part, such as their hand, elbow, or foot. Pushing, biting, and threatening someone with a gun or other weapon can also lead to assault charges in Ohio.
Q: Do You Have to Actually Hit or Hurt Someone to Be Charged With Assault?
No. In Ohio, you can be charged with assault, whether you do or do not harm someone. For example, threatening someone with harm is considered assault. Assault cases can be complex matters, as each case’s outcome depends on its unique factors. Consulting with an attorney can help you determine the best course of action in your case.
Q: What Happens if Someone Wants to Drop an Assault Charge Against Me?
A: Some people who press charges against another person have a change of heart and want to drop them. However, once a case gets underway and is in the prosecution’s hands, it is difficult to stop it. In other words, it is up to prosecutors if they want to drop the case. They could do so depending on the evidence and other case-related factors. If you were charged with assault in Ohio, you should consider securing legal representation as soon as possible to protect your rights and interests.
Q: Does Ohio’s ‘Stand Your Ground’ Law Apply in an Assault Case?
A: It is possible that you could claim self-defense in an assault case. However, you must show you were not at fault for initiating or escalating the attack. You also must show you had reason to believe you were in danger of serious bodily harm or death had you not used force (or deadly force) to protect yourself. A criminal defense attorney can advise you on whether Ohio’s stand-your-ground laws apply to your case.
Contact Joslyn Law Firm today for a consultation about your alleged assault charge in Columbus, Ohio. It can be important to hire an experienced Columbus violent crimes lawyer who will make every effort to help you avoid the most serious penalties and repercussions of your charges.
Call (614) 444-1900 for a consultation about your assault violent crime charges in Franklin County and surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County in Ohio.