Columbus Felonious Assault Lawyer
ORC § 2903.11
Assault with a deadly weapon is a felonious assault in Ohio.
What is Felonious Assault in Ohio
The Ohio Revised Code sets out that a person has committed felonious assault if they:
- Knowingly cause or attempt to cause serious physical harm to another person;
- Cause or attempt to cause physical harm to another person with a deadly weapon; or
- Engages in sexual conduct with another person without disclosing a diagnosis of a illness which causes acquired immunodeficiency syndrome.
Potential Penalties
Felonious Assault is generally a felony of the second degree and is punishable by up to 8 years in prison and a fine of up to $15,000. A conviction is not able to be expunged from your record.
Assault with a Deadly Weapon
Ohio Law defines a deadly weapon as any instrument that is capable of inflicting death or is used as weapon. This extremely broad definition not only includes guns and knives, but has also been interpreted to include bats and cars.
Self Defense in Felonious 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, 3) the amount 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.
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