Aggravated assault is one of the most serious assault charges. It occurs when a person commits felonious assault upon another person while under the influence of sudden passion or in a sudden fit of rage brought on by provocation.
If you are facing such charges, you need a seasoned Cleveland criminal defense attorney to protect you from the serious consequences of an aggravated assault conviction.
Aggravated assault and felonious assault are nearly the same in regard to what constitutes the crime itself.
Specifically, aggravated assault entails the following:
Aggravated assault is seen as a slightly lesser crime in Ohio due to the presence of serious provocation which served to incite a person to assault another. Since aggravated assault hinges on this, provocation needs to be considered serious to induce extreme emotion.
Aggravated assault carries a less serious penalty than felony assault but is still a felony and can result in 6 to 18 months in jail. Circumstances that can enhance the punishment include if a police officer was assaulted. It becomes a third-degree felony punishable by up to 3 years in jail. If a firearm was involved, a 3-year mandatory term must be imposed. In addition to time in jail, a person convicted of aggravated assault may have to face a criminal suit and/or pay restitution to the victim.
An arrest for aggravated assault is very serious and requires professional and seasoned legal defense. A conviction will make a person a felon for life, which can put a serious strain on an individual's involvement in society. Call Henderson, Mokhtari & Weatherly right away and we can work to protect your future.
Get in touch with our Cleveland office today or schedule a free case evaluation!