In Ohio, assault is defined as recklessly or knowingly causing or attempting to cause physical harm to another. The act of self-defense is, by its very nature, not reckless. Therefore, self-defense is not considered assault.
Self-defense is a common defense used in cases involving allegations of assault and battery. A knowledgeable attorney will understand how to present evidence of a threat or unlawful use of force to establish the need for self-defense. Not all threats need to involve a physical altercation. Sometimes a verbal threat or the implication of harm can validate the use of self-defense. The threat may not even necessarily be directed at you; it could be directed at a loved one or another person involved in the situation.
The waters of a self-defense alibi can be muddy. For instance, was there an opportunity to safely remove oneself from the situation without needing confrontation? What determines if there was a threat or if that threat was valid? There is a lot of room for interpretation in these types of cases, and they are often complicated due to the situation-specific factors involved.
Being charged with a criminal offense can be stressful and confusing. The first step you should take if you have been charged with a crime in the state of Ohio is to contact an experienced attorney who can represent and guide you through the legal process. Your attorney will work on your behalf to ensure the most favorable outcome for you.
Conviction of any crime can have lasting effects on your freedom and rights. While a misdemeanor crime may be penalized by fines, community service, and court-ordered counseling, being convicted of a felony can result in imprisonment, loss of voting rights, the right to own a firearm, or even lifelong registration as a sexual offender. All of which can have farther reaching effects on your future rights, relationships, and even your employability.
Whether you have been charged with a misdemeanor or a felony crime, the lawyers at Hoover Kacyon, LLC., are dedicated to supporting you. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.