Dayton Assault Defense Lawyers: Felonious & Aggravated Assault

Assault Defense Lawyers at Kane Law

If you face assault charges, seek legal guidance from an experienced criminal defense attorney who will help you understand each step of the legal process and protect your rights. At Kane Law, our team of attorneys remains committed to providing a strong defense for people accused of assault. We take every case seriously and work diligently to achieve the best possible result for you.

Call (937) 887-4700 today or contact us online to schedule a free consultation with one of our experienced assault defense lawyers.

What Is Assault?

Assault involves the intentional act of causing harm or threatening harm to another person. In Texas, assault charges can be classified into different degrees depending on the severity of the alleged crime and the circumstances involved.

• Simple Assault: The most common assault charge, typically involving threats or minimal physical harm.
• Aggravated Assault: A more serious offense that involves the use of a deadly weapon or serious injury to another person.
• Assault with a Deadly Weapon: Any assault where a weapon or object is used with intent to cause serious bodily harm.

In Ohio, assault charges are classified under Ohio Revised Code 2903.13 for simple assault, usually resulting in a misdemeanor, and Ohio Revised Code 2903.12 for aggravated assault, which Dayton law enforcement treats as a felony. Montgomery County courts in Dayton handle these cases frequently. The specific charge depends on factors like weapon use, degree of injury, and the identity of the alleged victim, such as a public servant or healthcare worker. Working with an assault attorney familiar with Dayton’s court procedures offers clear guidance through every stage of your case.

Each kind of assault charge brings different penalties, and your defense strategy should reflect the unique facts and evidence in your case.

Common Defenses to Assault Charges

If you face assault charges, several defenses may apply to your case. Here are a few options:

• Self-Defense: You acted to protect yourself or others from immediate harm, which the law may recognize as justified.
• Defense of Others: If you protected someone else from harm, you may qualify for this defense.
• Lack of Intent: Demonstrating that you did not intend harm, such as if the injury was accidental.
• False Allegations: Assault charges sometimes arise from misunderstandings or untrue statements, which your defense lawyer will investigate thoroughly.

Court hearings for assault cases in Dayton typically involve examining evidence, hearing witness statements, and reviewing any surveillance video. Our attorneys review police reports for procedural errors and challenge weak or unreliable evidence. We have handled arguments in Montgomery County courts and can assess whether your case might require additional evidence or testimony. This local experience allows us to guide you through every phase, tailoring your defense to the facts and the strategies most effective in Dayton.

Each case is unique, so your lawyer examines the evidence and testimonies to plan a defense that fits your specific situation.

Penalties for Assault Charges

The potential penalties for assault charges depend on the severity of the alleged offense and the specific facts involved. Below are possible outcomes:

• Simple Assault: Fines, probation, or up to one year in county jail.
• Aggravated Assault: Prison sentences up to 20 years, substantial fines, and possible probation.
• Assault with a Deadly Weapon: These cases may lead to lengthy prison terms and significant fines.

In Ohio, a conviction for simple assault can carry up to 180 days in jail and fines up to $1,000 as a first-degree misdemeanor. Aggravated assault, prosecuted as a felony, can mean one to six years in prison and fines up to $5,000, with outcomes determined by the Montgomery County Common Pleas Court. Dayton judges may consider past criminal convictions or the presence of a weapon when ruling on penalties. Both adult and juvenile convictions in Montgomery County affect individuals well beyond the sentence, often resulting in restrictions after jail or probation ends. Sometimes, certain cases may be eligible for diversion or community control, which the court may allow based on your charge and record.

A conviction for assault has long-term effects, including damage to your reputation, employment chances, and personal relationships. Our team at Kane Law works to reduce these impacts and protect your future whenever possible.

What Happens After an Assault Arrest in Dayton?

After law enforcement arrests someone for assault or aggravated assault in Dayton, the process typically starts with booking at the Montgomery County Jail. Police record the alleged offense, and you then appear before a judge for your initial hearing—often within one business day. At this appearance, the judge reviews your charges, sets bond, and addresses any no-contact orders or conditions tailored to local court requirements.

Prosecutors in Dayton move quickly, filing charges based on police reports or witness accounts. If you are charged in Montgomery County, your case is scheduled for either Municipal Court (for misdemeanors) or Common Pleas Court (for felonies). During this period, our attorneys locate and review key evidence and request documents that may help shape your defense. Early legal support helps you avoid missed deadlines and ensures you can present all relevant materials to the court. By acting swiftly, we help clients understand local expectations and prepare for each step, positioned for success within Dayton’s criminal court system.

How Ohio Assault Laws Affect Your Options in Dayton

Ohio law outlines several categories of assault. In Dayton, judges weigh the facts of each incident, any history of convictions, the relationship between individuals involved, and the presence of a weapon. This combination affects how prosecutors handle the case and shapes your available options for defense or resolution.

For some first-time offenders in Dayton, intervention programs or diversion can minimize the lasting effects of a conviction. Felony assault cases may appear before a Montgomery County Grand Jury, which decides whether formal charges move forward. Our ability to communicate in both English and Spanish means we can keep you fully informed through each step of your case, regardless of the type of charge you face. Staying up to date and proactive gives you the best chance to defend your record and your future in the Dayton area.

How We Can Help You

At Kane Law, our criminal defense attorneys are dedicated to providing personalized and effective legal representation. If you have been charged with assault, here’s how we can assist you:

• Case Evaluation: We will carefully review the facts of your case to identify any weaknesses in the prosecution’s argument.
• Building a Strong Defense: Whether it’s gathering witness testimony, reviewing evidence, or challenging the validity of the charges, we will work hard to build a strong defense strategy.
• Negotiation: In some cases, we may be able to negotiate a plea deal that reduces the severity of the charges or the penalties.
• Trial Representation: If your case goes to trial, we will provide aggressive and skilled representation to fight for your rights and freedom.

We offer bilingual legal services for Spanish-speaking clients and regularly represent individuals across Dayton and Montgomery County. Our team stays current on Ohio criminal statutes, so you receive legal guidance based on up-to-date law. We maintain open communication and respond quickly to questions, so you do not wait for answers about your case. If you are a student, working professional, or public servant facing assault accusations, we tailor our approach to address the specific risks to your career or future record. We apply practical knowledge of Dayton’s court processes to prepare your case for favorable outcomes. Our office assists with hearings and necessary filings in Dayton-area courts as permitted by law.

When you work with Kane Law, you gain peace of mind knowing our team works for your best interests throughout the process.

Types of Assault Charges in Texas

Assault charges in Texas can vary greatly depending on the specifics of the case. Some common types of assault charges include:

• Family Violence Assault: When an assault occurs between family members or intimate partners, it can result in enhanced penalties.
• Sexual Assault: This charge involves unwanted sexual contact and can result in serious legal consequences, including lengthy prison sentences.
• Assault on a Public Servant: If you are accused of assaulting a police officer or another public servant, the charges and penalties can be much more severe.

Ohio law includes special categories of assault, such as felonious assault and assault involving first responders, teachers, or healthcare workers. In Montgomery County, prosecutors sometimes file elevated charges if these circumstances exist. Assault against a peace officer or teacher in Dayton can lead to felony charges, higher sentencing ranges, and mandatory penalties. The law also handles cases differently if they happen on school grounds or cause severe injury. Understanding these distinctions is critical, since they impact your defense strategy and negotiation options. Our attorneys guide clients through these details, drawing on experience with the policies of judges and prosecutors in the Dayton area.

Every assault case brings unique challenges, but at Kane Law, our attorneys handle a wide range of charges. Clients trust us to walk them through the legal steps and work toward the best outcome available.

The Importance of Acting Quickly

If you have been charged with assault, act immediately and consult a defense attorney right away. The sooner your legal team begins to build your defense, the more opportunities you have to challenge the evidence and protect your rights. Early action also increases your chance of a favorable result.

Montgomery County court schedules progress rapidly. Prosecutors may request bond conditions or protective orders at the first hearing. When you contact a defense attorney promptly, you can respond quickly. Our attorneys help clients arrange bond hearings, request records, and identify time-sensitive evidence. Acting without delay preserves legal options and helps clients achieve positive case outcomes. We make ourselves available for urgent questions, even outside regular hours, to ensure you do not miss crucial deadlines in Dayton’s courts. Acting fast helps us advocate for reductions or dismissals, when supported by the facts.

FAQ - Assault Charges in Texas

• What should I do if I’m arrested for assault?
  If you are arrested for assault, remain calm, avoid answering police questions without your attorney present, and contact a criminal defense attorney quickly.
• What is the difference between simple assault and aggravated assault?
  Simple assault usually means minor harm or threats of harm. Aggravated assault involves a deadly weapon or serious injury and carries much harsher penalties.
• Can assault charges be dropped?
  In some cases, charges could be dropped for lack of evidence or if the victim chooses not to move forward. A defense attorney may negotiate with the prosecutor and request dismissal where possible.
• How long can a person go to jail for an assault conviction?
  Sentences depend on the type of charge and criminal history. Simple assault could mean up to a year in jail, while aggravated assault convictions may result in prison time of up to 20 years.
• What if I was acting in self-defense during the assault?
  Self-defense can be a legal defense against assault charges. Your attorney will help present supporting evidence showing the act protected yourself or someone else.
• Can I get probation instead of jail time for assault?
  Some defendants, like first offenders, may be eligible for probation as an alternative to jail—especially with less serious charges. Your defense attorney can argue for probation based on your case circumstances.
• How will an assault conviction affect my life?
  An assault conviction creates a permanent criminal record, affects your job prospects, and may hurt personal relationships. Fighting the charges with a strong defense lawyer may limit these effects.

If you’ve been charged with assault, you need a trusted attorney to protect your rights. Contact us at (937) 887-4700 to discuss your case and explore your defense options today.