Aggravated Assault Attorney in Akron

How We Defend Aggravated Assault Charges in Summit County

No two aggravated assault cases are identical. The facts of the incident, the evidence the prosecution holds, and the relationship between the parties all shape which defenses have traction. Our starting point is always a thorough review of how the state built its case and where that case has weaknesses.

Self-Defense & Defense of Another

Self-defense is a complete defense to aggravated assault in Ohio. Under R.C. 2901.05, once evidence of self-defense is raised, the prosecution must disprove it beyond a reasonable doubt. The same standard applies to defense of another person. When the facts support either defense, we build the record to put that burden squarely on the state.

Challenging the Provocation Element

The provocation requirement in ORC 2903.12 carries a specific legal threshold: serious provocation, reasonably sufficient to incite deadly force. Whether the alleged provocation actually meets that standard is often the central dispute. In a felonious assault case, successfully arguing that sufficient provocation existed can support a jury instruction on aggravated assault as a lesser included offense, potentially reducing second-degree felony exposure to fourth-degree felony exposure.

Challenging the Deadly Weapon Designation

When a charge rests on the use of a weapon, we examine whether the instrument involved qualifies as a deadly weapon under ORC 2923.11. Not every object used in a confrontation meets the statutory definition, and disputing that classification can change the charge entirely.

Evidence Challenges & Other Defenses

Improperly obtained evidence, lack of intent, and misidentification are all viable defenses depending on the facts. Attorney VanHo’s experience prosecuting cases at the grand jury stage means he knows how law enforcement and prosecutors gather and present evidence, and where that process creates vulnerabilities a defense can exploit.