Punishment For A Felonious Assault (O.R.C. 2903.11) Conviction In Cuyahoga County, Ohio

Felonious Assault (O.R.C. 2903.11) is an extremely serious charge in Ohio.

By charging an individual with Felonious Assault, the prosecution in Cuyahoga County is claiming that you caused serious harm to another person or their unborn child, or that you caused or attempted to cause harm through the use of a deadly weapon.

Felonious Assault can be charged in cases where no one was physically injured at all, such as when a gun was fired at a person, but the bullet missed.

Felonious Assault (Felony Assault) is a Second Degree Felony that can put you in prison for as long as eight years.

The penalties are severe; you'll be fined $20,000 if convicted, so this isn't the kind of charge you want to take lightly.

It's important to find a criminal defense attorney that knows how the felonious assault case against you will be constructed, what evidence will be most significant, and how to effectively counter it.

Punishment Upon Conviction

Causing serious harm to another, or their unborn, or attempting to cause harm with a weapon is a second degree felony that can put you in prison for 2-8 years.

If the victim is a law enforcement officer, the charge is a first degree felony, and conviction carries a maximum sentence of 11 years.

Felonious Assault can also be charged if you are HIV-positive and do not disclose this to a sex partner, or engage in sex with someone who lacks the capacity to grasp the significance of the disclosure.

Here are the specific actions that can lead to being charged with felonious assault:

  • Cause serious physical harm to another or to another's unborn;
  • Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
  • No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
    1. Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
    2. Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
    3. Engage in sexual conduct with a person less than eighteen years of age who is not the spouse of the offender.

In some cases, conviction can lead to a mandatory minimum sentence, which can mean you'll spend years longer in prison before you're eligible for parole.

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