How to beat a Felonious Assault Charge:
Felonious Assault Charges have common elements and for that reason have defenses designed to exploit common issues that arise:
1. A False Accusation - A false allegation by the victim to get someone arrested is not uncommon in a domestic violence case. Once the heat of the moment has passed many accusers change their story.
2. Self Defense – Accusers in a domestic violence case are normally female. Many females are physically outmatched by their male partner but that does not mean the female did not start the physical confrontation. Self Defense laws all apply – Domestic Violence or not.
3. Insufficient Evidence – An arrest is based on probable cause which means more likely than not a crime was committed. This is very different than proof beyond a reasonable doubt which is required by a prosecutor to prove at trial. A prosecutor can dismiss if they acknowledge that they have insufficient evidence to proceed.
4. Lack of intent – Domestic Violence requires knowingly causing or attempting to cause physical harm. Knowingly is defined by law as a situation where a person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature.
Can Felonious Assault Charges be Dismissed in Columbus and Ohio?
Yes, Felonious assault charges can be dismissed by a prosecuting attorney at any time. A prosecuting attorney can dismiss a felonious assault charge at any time. The reasons listed above are the most common reasons for a dismissal.
Felonious Assault Charges in Ohio
Felonious Assault in Ohio means that there was either serious physical harm to a victim or an attempt to cause physical harm with a deadly weapon such as a gun or knife. In cases where there is no physical injury but a deadly weapon was nearby the facts sound serious but with nobody hurt and no clarity as to where a gun was there can be big charges with little evidence.
Felonious Assault Charges with a Deadly Weapon
Felonious Assault with a deadly weapon in Ohio may mean that there was an attempt at serious physical harm. This mean a car has bullet holes in it or just that a gun or other deadly weapon was nearby.
Can you get Probation for Felonious Assault Charges?
Yes. Felonious Assault guilty can result in probation. However, there is a presumption that a defendant for a felony of the 2nd degree will be sentenced to prison for 2-8 years in prison. This means that if any prison is imposed it cannot be ½ year or one year. It has to be probation or 2, 3, 4, 5 ,6, 7, or 8 years in prison.