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513-924-4378

OVI Aggravated Assault

OVI-Based Aggravated Vehicular Assault Lawyer in Cincinnati

20+ Years of Fighting for Clients Facing OVI Causing Physical Harm

Being charged with an aggravated vehicular assault OVI-based charge in Ohio is a serious situation that requires seasoned legal representation. A conviction for this type of offense can come with severe penalties that affect your freedom. 

At Shark Law, we understand the gravity of these charges and the potential consequences they carry, and we can work diligently to help you fight them.

Our Cincinnati OVI aggravated vehicular assault attorney has the experience and skill to help you navigate the legal process and work toward a favorable outcome. Do not face these charges alone. Contact us today and let us give you the representation you deserve.

Get in touch with our OVI aggravated vehicular assault attorney in Cincinnati, OH, today by calling (513) 924-4378 or sending us a message online.

Understanding Aggravated Vehicular Assault (OVI-Based) in Ohio

In Ohio, the exact legal term depends on the severity of the injuries caused by the impaired driving. It usually falls under these statutes:

  • OVI (Operating a Vehicle Impaired) – Causing Physical Harm: If a driver causes physical harm to another person while under the influence of alcohol or drugs, they can be charged with OVI causing physical harm, which is codified under R.C. 4511.19(A)(1)(c). This is a third-degree felony if it results in serious injury and the driver is over the legal limit or impaired.
  • Aggravated Vehicular Assault (OVI-based): If the driver causes serious physical harm, this can escalate to Aggravated Vehicular Assault (R.C. 2903.08(A)(1)(a)), a second-degree felony. This is essentially the “OVI with serious injuries” charge and is the most common way prosecutors charge OVI cases that result in significant injuries.
  • OVI causing minor injuries: If injuries are minor, the charge might be Vehicular Assault (R.C. 2903.08) or an OVI misdemeanor with bodily injury, depending on local prosecutorial policies and the facts of the crash.

OVI Aggravated Vehicular Assault Penalties in Ohio

In Ohio, an Aggravated Vehicular Assault conviction carries "mandatory" time—meaning the judge has no choice but to send you to prison if you are convicted.

Criminal Penalties

  • Mandatory Prison: 1 to 5 years (F3) or 2 to 8 years (F2). This is "hard time" that cannot be reduced by judicial release early in the sentence.
  • Fines: Up to $10,000 (F3) or $15,000 (F2).
  • License Suspension: A mandatory Class 3 suspension (2 to 10 years) or a Class 2 suspension (3 years to life) for repeat offenders.

Collateral Consequences

Beyond prison, you face the permanent stigma of a violent felony conviction. This can result in the loss of firearm rights, the inability to hold certain professional licenses, and massive civil liability. Victims often file separate personal injury lawsuits that can lead to millions of dollars in judgments against you.

Common Defenses for OVI Aggravated Vehicular Assault Charges

Facing charges of OVI aggravated vehicular assault can be daunting, but there are several defenses that may be utilized to challenge the allegations. An experienced attorney can assess your situation and determine the best course of action.

At Shark Law Firm, we don't just accept the police report as fact. Our approach as your aggravated vehicular assault attorney in Cincinnati includes:

  • Challenging the Lab Results: We scrutinize the chain of custody for blood and urine samples and the calibration records of breathalyzer machines.
  • Accident Reconstruction: We often work with private investigators and engineers to show that the accident was caused by road conditions, mechanical failure, or the other driver’s negligence—not your impairment.
  • Medical Review: We analyze the victim's medical records to determine if the injuries actually meet the legal threshold of "serious physical harm."
  • Violation of constitutional rights: Any violation of your constitutional rights, such as an unlawful search and seizure or failure to read Miranda rights, can be grounds for suppressing evidence or dismissing the charges outright.

A strong defense often requires prompt action to gather surveillance footage, locate independent witnesses, and review reports from agencies such as the Ohio State Highway Patrol or Cincinnati Police Department. A vehicular assault defense lawyer in Cincinnati can coordinate with accident reconstruction professionals, medical experts, and toxicologists when needed to challenge the prosecution’s theory and present a clear, fact-based narrative of what actually happened.

Why You Need an Attorney for an OVI Aggravated Vehicular Assault Charge in Cincinnati

An OVI aggravated vehicular assault charge is a serious legal matter that can have significant consequences. Here are some reasons why you might need an attorney if you are facing this charge:

  • Legal knowledge: A lawyer who handles OVI and vehicular assault cases will have a deep understanding of the relevant laws, procedures, and potential defenses. They can use this knowledge to build a strong defense strategy tailored to your specific case.
  • Protection of rights: An attorney will ensure that your rights are protected throughout the legal process. They can advise you on how to interact with law enforcement and prosecutors to avoid incriminating yourself and ensure that any evidence against you is obtained legally.
  • Investigation and evidence gathering: A skilled attorney will conduct a thorough investigation of the circumstances surrounding your case. This may involve gathering evidence, interviewing witnesses, and reviewing police reports and other relevant documents to build a compelling defense on your behalf.
  • Negotiation with prosecutors: In some cases, an attorney may be able to negotiate with prosecutors to have the charges against you reduced or dismissed, or to secure a favorable plea bargain that minimizes the potential consequences of the charge.
  • Court representation: If your case goes to trial, having an attorney by your side can be crucial. They will present your case to the court, cross-examine witnesses, and argue on your behalf to seek the best possible outcome.
  • Minimization of consequences: If you are convicted of OVI aggravated vehicular assault, the consequences can be severe, including significant fines, license suspension, and even imprisonment. A lawyer can work to minimize these consequences and help you navigate any sentencing requirements.

Overall, an OVI attorney can provide valuable support and guidance throughout the legal process, which may increase your chances of achieving a favorable outcome in your case.

When you work with our firm, we take the time to explain what to expect at each stage, from arraignment in Hamilton County Municipal Court through possible hearings and trial in the Court of Common Pleas. We carefully review any prior record, your work and family situation, and your priorities so that we can tailor our advice to your real-life needs, rather than relying on a generic approach that might not serve you well in a serious vehicular assault criminal defense Cincinnati case.

Contact Shark Law Today

If you or a loved one is currently facing OVI aggravated vehicular assault charges, we urge you to reach out to our team at Shark Law without delay. By entrusting your legal representation to us, you can expect the following benefits:

  • Experience: Our knowledgeable and skilled attorney in Cincinnati boasts a wealth of experience in criminal law. We possess an understanding of the intricacies of the local legal system, including the specific procedures, laws, and regulations governing the jurisdiction. We can analyze your case, identify any potential legal defenses, and craft a strategic approach to defend you.
  • Compassionate services: We recognize the immense stress and anxiety that accompanies facing criminal charges. That is why we are committed to providing compassionate and caring legal services. We can actively utilize our resources to both vigorously defend you and offer honest legal advice.
  • Prosecution insight: As a former assistant prosecutor, our lawyer possesses knowledge and a perspective on the workings of the prosecution. This allows us to craft a defense strategy tailored specifically to your case and to work to protect your rights effectively.

Call (513) 924-4378 to learn more about how we can help, or send us a message online.

Steps To Take
After OVI Aggravated Assault

Navigating an OVI vehicular assault case in Cincinnati can feel overwhelming, but understanding the court process helps you stay informed and prepared. After an arrest for OVI aggravated vehicular  assault, your case typically begins in Hamilton County Municipal Court and may move to the Court of Common Pleas for felony proceedings. 

Each stage involves critical deadlines, hearings, and decisions that can affect both your criminal record and driving privileges.

  • Initial Appearance & Arraignment: First hearings occur in Hamilton County Municipal Court, where charges are read and bond conditions are set.
  • Transfer to Court of Common Pleas: Felony cases move to the Court of Common Pleas for more detailed hearings, plea negotiations, and potential trial.
  • Deadlines & Evidence Challenges: Important filing deadlines, motions, and evidence challenges must be tracked carefully, especially with concurrent administrative license suspensions.
  • Preparation & Court Support: An experienced attorney prepares you for each hearing, explains who will be present, and guides you on realistic outcomes.
  • Local Practice & Prosecutorial Policies: Knowledge of local judges, prosecutors, and typical handling of highway or city crash cases helps anticipate issues and evaluate plea offers versus trial.
  • Strategic Guidance: We provide step-by-step support to reduce surprises, explain legal options, and help you make informed decisions throughout your case.
Our Firm Stands With You

A testing machine error could be the difference between a spotless and stained criminal record. Let our felony DUI lawyer fight for your rights in court. Call (513) 924-4378 or contact us online today to set up a free consultation.

  • “Shane's ability to navigate the legal process and persuasive arguments in court were instrumental in securing a favorable result. I am forever grateful for his representation!”
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