Violent Crime & Assault Defense
Strategic Assault & Violent Offense Defense in Southwest Ohio
Aggressive Defense Against Misdemeanor & Felony Assault Charges
At the Law Office of David A. Chicarelli Co., LPA, we provide strategic, trial-tested defense for individuals accused of assault, felonious assault, aggravated assault, and domestic altercations throughout Warren, Montgomery, Butler, and Hamilton counties. Allegations of physical violence carry severe social stigma, potential state prison sentences, and permanent violent crime records that destroy career opportunities.
Our assault defense litigation practice manages complex violent crime allegations, including:
- Misdemeanor Assault (M1): Defending allegations of knowingly causing or attempting to cause physical harm.
- Felonious Assault (F2/F1): Defending high-degree felony charges involving serious physical injury or alleged deadly weapons.
- Aggravated Assault (F4/F3): Proving serious provocation or sudden passion to mitigate felony severity under Ohio law.
- Self-Defense & Stand Your Ground Claims: Establishing lawful self-defense, defense of family, or defense of property.
- Assault on Protected Officials: Defending allegations involving law enforcement, healthcare workers, or court officers.
What Do I Do If Accused of an Assault Offense?
If you are involved in a physical dispute or accused of assault, state your identity but make zero statements to police without an attorney.
1. Provide Identification & Decline Statement Interviews
- Identify yourself: Give responding police officers your legal name and physical ID.
- Decline questioning: Say: "I am establishing my identity, but I decline to make a statement without my attorney."
2. Photograph Physical Injuries & Secure Witness Statements
- Document defensive injuries: Photograph all scratches, bruises, or cuts on your body immediately.
- Collect witness details: Obtain names and contact information of anyone who witnessed the altercation.
3. Avoid Direct or Indirect Contact with Accusers
- No communications: Refrain from calling, texting, or messaging the accuser or their family.
- Avoid social media posts: Never post comments or videos regarding the altercation online.
4. Retain Veteran Trial Counsel Known to Local Courts
- Work with proven litigators: Hire attorneys experienced in asserting self-defense under Ohio's updated Stand Your Ground laws.
- Former judicial experience: The Law Office of David A. Chicarelli Co., LPA utilizes decades of courtroom authority to defend your freedom.
Frequently Asked Questions About Assault Defense in Ohio
What distinguishes misdemeanor simple assault from felony assault under Ohio law?
In Ohio, simple assault (R.C. 2903.13) is typically a first-degree misdemeanor carrying up to 180 days in jail. It escalates to Felonious Assault (a first or second-degree felony carrying 2 to 15+ years in prison) if the incident involves a deadly weapon, causes serious physical harm, or involves protected classes such as police officers or emergency medical personnel.
Can assault charges be dropped if the accuser decides not to press charges?
Not automatically. In Ohio, criminal charges are brought by the State or municipality, not the individual victim. Even if an accuser recants or requests that charges be dismissed, prosecutors often proceed using police reports, 911 calls, or medical records. Experienced defense attorneys represent your interests directly before prosecutors to seek dismissal.
How does Ohio's "Stand Your Ground" law apply to self-defense in assault cases?
Under Ohio's self-defense statutes, you have no duty to retreat before using defensive force if you are in a location where you have a lawful right to be. Once evidence is presented that you acted in self-defense or defense of others, the burden shifts entirely to the prosecution to disprove your self-defense claim beyond a reasonable doubt.
What should I do if police attempt to question me about a physical fight or altercation?
You must provide your name and identification, but other than establishing who you are, say nothing other than you want your lawyer. Do not attempt to give your side of the story, justify your actions, or explain what happened without an attorney present, as statements can easily be misinterpreted as admissions of guilt.