Felonious Assault

It’s rare for the police to charge someone with a felonious assault for an Ohio traffic violation, however, it happens occasionally. If a police officer, sheriff’s deputy or state highway patrolman suspects that a driver intentionally caused or attempted to cause physical harm with a motor vehicle, the driver may be charged with felonious assault. If you have an Ohio DUI or a felonious assault case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI or felonious assault in a traffic related incident. An experienced Ohio DUI lawyer may be able to prevent that from happening.

In Ohio, felonious assault is a very serious criminal charge. A conviction brings the following potential penalties:

• A prison sentence of up to 11 years
• $15,000 in fines
• Probation
• Lifetime Ohio driver’s license suspension
• A permanent criminal record
• Loss of job
• Liability in a civil lawsuit

Specific Types of Ohio Felonious Assault Convictions

The language of the Ohio felonious assault statute states that a person can be convicted of felonious assault if a person (a) causes serious physical harm to another, including during an Ohio DUI/OVI or drinking and driving incident; or (b) causes or attempts to cause physical harm to another with a deadly weapon, including during an Ohio DUI/OVI or drinking and driving incident. Many prosecuting attorneys in Ohio advocate that an automobile can meet the definition of a deadly weapon. Further, the Ohio Legislature agrees as it has added a provision to the statute that permits prosecution of Ohio drivers using this interpretation.
Depending on a number of factors, felonious assault in Ohio is sometimes charged as a felony of the first degree and sometimes it’s charged as a felony of the second degree. The ways in which felonious assault can be charged in Ohio, along with the corresponding penalties, are as follows:

Ohio Felonious Assault as a Felony of the Second Degree

Felonious assault is a second degree felony when a driver is convicted of causing or attempting to cause physical harm to another person with his motor vehicle, including during an Ohio DUI/OVI or drinking and driving incident.. Upon conviction, the driver faces a serious criminal sentence including a maximum prison sentence of eight years, a fine up to $15,000 and a potential Ohio license suspension for the remainder of the driver’s lifetime.

Ohio Felonious Assault as a Felony of the First Degree

Felonious assault is a felony of the first degree when a driver is convicted of causing physical harm to another person with his motor vehicle, including during an Ohio DUI/OVI or drinking and driving incident, when that other person is a police officer, sheriff’s deputy, state highway patrolman or investigator of the bureau of criminal identification. In any of these situations, the offense is a first degree felony, punishable by up to 11 years in prison and a fine of up to $20,000. The driver also faces a potential Ohio license suspension for the remainder of his life.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.