Columbus Aggravated Assault Attorney
ORC § 2903.12
What is Aggravated Assault in Ohio
Aggravated assault is a felonious assault committed during a fit of rage.
The Ohio Revised Code sets out that a person has committed aggravated assault if:
- Causes serious physical harm to another or their unborn child, or
- Causes or attempts to cause physical harm to another or their unborn with the use of a deadly weapon or dangerous ordnance,
- while under a sudden fit of passion or rage brought on by the victim.
In real-world situations, aggravated assault charges often arise from bar fights, road rage incidents, or heated arguments that escalate quickly, especially in busy areas of Columbus and throughout Franklin County. Police officers and prosecutors will closely examine whether there was a genuine sudden fit of passion or rage or whether the conduct looked more like a planned attack. An aggravated assault defense attorney Columbus residents turn to will carefully review witness statements, 911 calls, and any available video to see if the facts truly support this charge under ORC § 2903.12.
Potential Penalties for Aggravated Assault
Aggravated assault is generally a fourth-degree felony carrying a penalty of 6-18 months in prison and a fine of $5,000. If the alleged victim is a peace officer, aggravated assault is a third-degree felony carrying a penalty of 1-5 years in prison with a fine of up to $10,000.
An aggravated assault case in Franklin County is a serious charge that cannot be expunged from your record if you are convicted. Beyond prison and fines, a felony aggravated assault conviction can affect employment, housing, and professional licensing, especially if your case is handled in local courts such as the Franklin County Court of Common Pleas. You may also face probation, mandatory treatment programs, or no-contact orders that limit where you can go and who you can see. Because these consequences can follow you long after a case is closed, many people choose to work with an aggravated assault defense lawyer that Columbus defendants can rely on to evaluate every option, including plea negotiations and trial.
How Aggravated Assault Cases Move Through Columbus Courts
After an arrest for aggravated assault in Columbus, your case will usually begin with an arraignment in the Franklin County Municipal Court or directly in the Franklin County Court of Common Pleas if a felony complaint or indictment has already been filed. At this first appearance, the court addresses bond, advises you of the charges, and schedules your next court date, which may be a preliminary hearing or pretrial conference. Having a clear understanding of this timeline can reduce anxiety and help you make informed decisions about how to respond to the allegations.
As the case moves forward, there are opportunities to challenge the state’s evidence through discovery, motions to suppress, and negotiations with the prosecutor who is handling your file for the Franklin County Prosecutor’s Office or the Columbus City Attorney’s Office. In some situations, we may work to have charges reduced, seek admission into appropriate programs, or prepare the case for a jury trial if that is in your best interest. When you work with an aggravated assault defense attorney that Columbus defendants trust, you can discuss the pros and cons of each path, including the risks of trial versus the impact of any proposed plea agreement.
If your case proceeds toward trial in the Franklin County Court of Common Pleas, we will help you understand what to expect from jury selection, testimony, and the verdict and how the burden of proof applies to your specific circumstances. We also discuss potential sentencing outcomes with you ahead of time so that any decision you make about resolving your aggravated assault charge is grounded in realistic possibilities. Throughout this process, our role is to guide you through the local court system, answer your questions promptly, and help you protect your future as you navigate a serious accusation.
Call (614) 756-2154 or get in touch with us online using our easy-to-use online contact form.
Self-Defense in Aggravated Assault Cases
Under Ohio law, a person is permitted to use force to defend themselves. To successfully assert a self-defense claim, you must prove 1) you were threatened with force, 2) you did not provoke the other person, and 3) the amount of force you used to defend yourself was reasonable. Ohio is a “Stand Your Ground” state and does not require someone to attempt to retreat before using self-defense. You can read more about Ohio self-defense cases here.
When we evaluate self-defense in an aggravated assault case, we look closely at where the incident happened, who was present, and whether there is any video or 911 audio that supports your version of events. In Columbus, that can include surveillance footage from nearby businesses, body camera recordings from officers with the Columbus Division of Police, and medical records from local hospitals documenting injuries. By gathering this material early, we can better assess whether asserting self-defense is realistic and how it may play out in front of a Franklin County jury.
Charged with Aggravated Assault in Columbus, Ohio?
At Funkhouser Law, from the moment a client walks through the door, we presume that they are innocent until proven guilty in a court of law. As such, we work hard to accomplish the most favorable outcome for each of our clients.
If you are facing an aggravated assault charge arising from an arrest in Columbus or elsewhere in Central Ohio, we understand how stressful it can be to appear in places like the Franklin County Municipal Court or the Franklin County Court of Common Pleas. We take time to explain the steps in your case, from arraignment and pretrial hearings through potential motion practice and trial, so you know what to expect at each stage. Our goal is to make sure you are informed, prepared, and actively involved in decisions about your defense before any critical court date.
If you have been accused of assault, please call Funkhouser Law at (614) 756-2154 for a free consultation with an experienced, peer-rated lawyer.
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“He saved me over $6,000 in fines and court costs.”- J.J.
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