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Columbus, Ohio Assault & Battery Criminal Defense Lawyer
In Ohio, criminal law includes the offenses of both “assault” and “battery.” An assault is causing or attempting to cause harm to another person or an unborn child, while battery is to intentionally or negligently cause offensive physical contact or bodily injury.
The crime of assault is further broken down into degrees: “simple” assault and “aggravated” assault. Simple and negligent assault are misdemeanor crimes, while aggravated assault can be a felony.
Assault and battery law is nuanced. Negligence, in particular, is a difficult concept to legally defend. If you’re confronted with assault and battery charges in Ohio and feel unsure of whether you’re facing a misdemeanor or a felony, our FAQ can give you useful insight on whether you should seek the representation of a criminal defense attorney. Generally speaking, the best rule of thumb is to promptly seek legal advice if you find yourself facing these charges.
Sentencing Guidelines
Federal
When it comes to criminal cases in Columbus, in federal court, The United States Federal Sentencing Guidelines apply to those convicted of felonies and Class A misdemeanors. The guidelines determine sentences based on two factors: the conduct associated with the offense and the defendant’s criminal history.
There are 43 offense levels and six criminal history categories. There are four sentencing zones that determine incarceration length. The offense level and the criminal history category will determine which zone your matter will fall in.
There can be modifications to this which are called adjustments, and further, during sentencing, there can be departures, meaning deviations upward or downward from the guidelines depending on a number of circumstances.
Federal law is multifaceted, and being found guilty under federal law typically involves strict punishments and long prison terms. If you’re facing federal charges, it’s critical that you hire a criminal defense lawyer with considerable experience in navigating the federal system.
Ohio
Ohio classifies Misdemeanors into 5 levels: M1, M2, M3, M4, and MM. M1 is the most serious and MM (Minor misdemeanor) is the least serious. Felony offenses call into 5 levels as well: F1, F2, F3, F4, and F5. First-degree felonies are the most serious category, while fifth-degree felonies are the least serious. With both misdemeanors and felonies, there are numerous factors that can determine a sentence.
| Felony Level | Prison Time | Maximum Fine |
|
F1 |
3-11 years |
$20,000 |
|
F2 |
2-8 years |
$15,000 |
|
F3 |
12-60 months** or 9-36 months |
$10,000 |
|
F4 |
6-18 months |
$5,000 |
|
F5 |
6-12 months |
$2,500 |
**Longer sentence range applies to aggravated vehicular homicide and assaults, sexual battery, gross sexual imposition, sex with a minor, and robbery and burglary with two or more separate aggravated or non-aggravated robberies or burglaries as well as certain F-3 drug offenses
| Misdemeanor Level | Jail Time | Maximum Fine |
|
M1 |
Up to 180 days |
$1,000 |
|
M2 |
Up to 90 days |
$750 |
|
M3 |
Up to 60 days |
$500 |
|
M4 |
Up to 30 days |
$250 |
|
MM |
None |
$150 |
The sentencing guidelines in Ohio are complex and subject to many different factors. If you are facing any sentence in the Ohio legal system, a Columbus criminal defense attorney at Jay Perez Law has the requisite experience, passion, and insight to help you minimize your sentence to the greatest extent possible.
A Columbus Assault & Battery Criminal Defense Attorney Can Help You With Your Case
If you’ve been arrested, make sure your first call is to reach out to Jay Perez Law. It’s imperative that you gain quality representation and a strong legal advocate as early as possible. Acting without delay places you in the best position to reach a favorable outcome.
Attorney Jay Perez has years of experience handling criminal defense cases and the positive case results to prove his efficacy. Contact us 24/7 to schedule your consultation.