18 year old son arrested & charged with assault w/deadly weapon Ohio

[quincy]

Tomorrow your son will be formally informed of the charges against him and he can enter a plea at that time. The judge will advise him of his rights to have an attorney - and, as the others have said, he will want one.

In Ohio, you have felonious assault and aggravated assault and simple assault.

Felonious assault, ORC 2903.11, would be charged if there is probable cause that your son caused or attempted to cause harm with a deadly weapon. There is a potential for 2 to 8 years in prison and up to $20,000 in fines.

Aggravated assault, ORC 2903.12, would be charged if there is probable cause that your son caused or attempted to cause harm through the use of a deadly weapon AND he was under the influence of alcohol or in a sudden fit of rage. This is less severe than a felonious assault. There is a potential for 18 months to 6 years in prison and up to $5,000 in fines.

A simple assault would not involve a deadly weapon. It is a first degree misdemeanor with up to 6 months in jail and up to $1000 in fines.

Your son needs a really good attorney. Depending on all of the facts (ie. whether your son got out of his car, whether the other driver did, whether the other driver was actually driving dangerously. . . ), a really good attorney can work to get the best possible outcome for your son (ie. reduced charge, lighter sentence, probation).

 

[Magnolia50]

Tomorrow your son will be formally informed of the charges against him and he can enter a plea at that time. The judge will advise him of his rights to have an attorney - and, as the others have said, he will want one.

In Ohio, you have felonious assault and aggravated assault and simple assault.

Felonious assault, ORC 2903.11, would be charged if there is probable cause that your son caused or attempted to cause harm with a deadly weapon. There is a potential for 2 to 8 years in prison and up to $20,000 in fines.

Aggravated assault, ORC 2903.12, would be charged if there is probable cause that your son caused or attempted to cause harm through the use of a deadly weapon AND he was under the influence of alcohol or in a sudden fit of rage. This is less severe than a felonious assault. There is a potential for 18 months to 6 years in prison and up to $5,000 in fines.

A simple assault would not involve a deadly weapon. It is a first degree misdemeanor with up to 6 months in jail and up to $1000 in fines.

Your son needs a really good attorney.

Thank you so much. this information is excellent. Since I posted this thread, however, I have learned that he has not been charged with assault with a deadly weapon.

He has been charged with aggravated menancing; concealed weapon; inciting panic. All of which are misdemeanors.

He will have a video court session tomorrow that I will attend to see what else will happen.

thank you so very much for providing such good information.

 

[quincy]

Those charges, while still serious, are SO much less serious than the felonies. I still advise that he hire a good defense attorney.

Aggravated menancing is a first degree misdemeanor, Ohio 2902.21, and is punishable by up to 6 months in jail and a $1000 fine, and carrying a concealed weapon is a first degree misdemeanor, Ohio 2923.12, and inciting a panic is a first degree misdemeanor, Ohio 2917.31.

Good luck tomorrow.

 

[Magnolia50]

Those charges, while still serious, are SO much less serious than the felonies. I still advise that he hire a good defense attorney.

Aggravated menancing is a first degree misdemeanor, Ohio 2902.21, and is punishable by up to 6 months in jail and a $1000 fine, and carrying a concealed weapon is a first degree misdemeanor, Ohio 2923.12, and inciting a panic is a first degree misdemeanor, Ohio 2917.31.

Good luck tomorrow.

Thank you kindly for information you have provided. I greatly appreciate it.