Legal Question in Criminal Law in Ohio

if a man is attacked by two men and in his defense the man being attacked punches of the attackers and the attacker falls and hits his resulting in brain trauma,is the defender rightfully charged if he is charged with Felonious assault

Asked on 10/22/12, 11:19 am

2 Answers from Attorneys

Adam Burke Burke, Meis & Associates

The Bad News: to prove you guilty of felonious assault, the government must prove that you

(1) knowingly:

(2) caused serious physical harm to another

Here's that's easy enough, you knowingly hit someone who suffered the serious physical harm of brain trauma. From what you've described there's enough to proceed against you for Felonious Assault.

The Good News: you may argue self-defense. This is an affirmative defense which means you must argue prove the following:

(1) you were not at fault in creating the conflict;

(2) you had a bona fide belief you were in imminent danger of death or great bodily harm

(3) you only means of escape was the use of force; and

(3) you did not violate a duty to retreat or avoid the danger.

The state has enough to charge you, but putting this defense together may save you a conviction or jail time.

Attorney Adam Burke

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Answered on 10/22/12, 1:10 pm

Joseph Jacobs The Jacobs Legal Group

Yes, the charge is appropriate but you have a complete defense to hitting him. If you go to trial you will be able to argue that everything you did was in self-defense.

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Answered on 10/22/12, 1:47 pm

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