Assault Attorney in Akron

Facing An Assault Charge In Akron? Defend Your Rights—Call (330) 886-4672

An assault charge in Ohio can threaten your freedom, your record, and your future. If you have been arrested or learned that there is a warrant for you, you may be worried about jail, court, and what this means for your life. You do not have to face this alone. Our Akron assault attorney can help you understand your options and protect your rights.

At The Law Office of Benjamin W. Zushin, we focus a significant part of our work on criminal defense, including assault cases. Our firm is based in Akron, and we regularly represent people in local courts who are dealing with the stress and confusion of a new charge. We know that most clients have never been through this before, so we work to explain each step in clear, direct terms.

Your case will be led by Attorney Benjamin Zushin. He has served in both prosecutor and public defender offices in Ohio, which gives him insight into how assault cases are investigated, charged, and negotiated. Our firm approaches every case as if it could go to trial, and we start by offering a free consultation so you can talk through your situation and ask questions without pressure.

Reach out to The Law Office of Benjamin W. Zushin at (330) 886-4672 or message us online for a free consultation. As a former prosecutor, Benjamin Zushin knows how to challenge the state's case and fight for a dismissal or reduction of your charges.

Understanding Ohio Assault Laws

In Ohio, assault is defined primarily by Revised Code 2903.13. Unlike other states that distinguish between "assault" (the threat) and "battery" (the physical act), Ohio groups these under the umbrella of assault.

The charges you may face in the Akron Municipal Court or the Summit County Common Pleas Court include:

• Simple Assault (M1): Knowingly causing or attempting to cause physical harm, or recklessly causing serious physical harm. This is typically a first-degree misdemeanor.
• Negligent Assault (M3): Negligently causing physical harm by means of a deadly weapon or dangerous ordnance.
• Aggravated Assault (F4/F3): Knowingly causing serious physical harm while under the influence of "sudden passion" or a "sudden fit of rage" brought on by serious provocation from the victim.
• Felonious Assault (F2/F1): The most serious level, involving knowingly causing serious physical harm or using a deadly weapon to cause or attempt harm.

Penalties and Sentencing for Assault in Ohio

The consequences of an assault conviction are severe and can vary based on the victim's status (such as a peace officer or healthcare worker) and the extent of the injuries.

Misdemeanor Assault (1st Degree)

• Jail Time: Up to 180 days.
• Fines: Up to $1,000.
• Probation: Up to 5 years of community control.

Felony Assault (2nd Degree Felonious)

• Prison Time: 2 to 8 years (indefinite sentencing may apply).
• Fines: Up to $15,000.
• Mandatory Prison: If the victim is a peace officer and suffered serious harm, the court must impose a mandatory term.

Beyond the courtroom, an assault conviction can lead to a permanent "violent offender" label, making it difficult to secure employment, housing, or professional licenses.

Self-Defense and Burden of Proof

One of the most critical aspects of an assault defense is the claim of self-defense. In 2026, Ohio law continues to place the burden of proof on the prosecution. Once you present evidence that "tends to support" that you acted in self-defense, defense of another, or defense of your residence, the prosecutor must prove beyond a reasonable doubt that you did not act in self-defense.

To succeed with a self-defense claim, we focus on three core elements:

• Not at Fault: You did not create the situation that led to the affray.
• Reasonable Belief: You had a bona fide belief that you were in imminent danger of bodily harm.
• Proportional Force: The force you used was no more than what was necessary to protect yourself.

Why Choose Our Assault Lawyer

Attorney Benjamin Zushin has experience on both sides of Ohio’s criminal courts, having worked as a prosecutor and a public defender. He understands how the state builds assault cases and where weaknesses may exist, while also bringing practical, client-focused insight from defending individuals in difficult situations. As an assault lawyer in Akron, we prepare every case for negotiation or trial, and do not assume that a quick plea is always the answer.

We also understand that cost is a major concern for anyone hiring a private criminal defense attorney. Our firm is committed to offering reasonable rates and avoiding unnecessary expenses. We talk with you about fees at the beginning of the case and keep you updated so you are not surprised later. Our goal is to provide strong defense services that remain accessible to people in this part of Ohio.

Throughout your case, we work to keep you informed. We explain options in plain language, discuss the potential consequences of each choice, and answer your questions. Many clients tell us that simply understanding what is happening in court reduces their stress. We want you to feel that you have a partner in the process, not just a name on paperwork.

How We Defend Assault Allegations in Akron

Each assault case is evaluated on its specific facts, with close attention to what the state can actually prove and which defenses apply under Ohio law. Because Attorney Zushin has experience as both a prosecutor and public defender, he understands how evidence is assessed from both sides and builds defense strategies accordingly.

The firm examines whether self-defense or defense of another may apply, whether the alleged force has been overstated, and whether injuries match the reports. Witness credibility and possible inconsistencies are carefully reviewed, along with the state’s ability to prove intent. Police reports, body camera footage, photographs, and other discovery materials are analyzed to identify weaknesses in the prosecution’s case.

In Akron courts, many assault charges are resolved through negotiation rather than trial, but preparation always assumes the case may proceed to court. Clients are advised on acceptable resolutions and potential risks, while also considering broader consequences such as employment, housing, education, and licensing. The goal is informed decision-making that protects both immediate legal interests and long-term plans.

As an assault attorney in Akron, Benjamin Zushin uses his experience on both sides of the courtroom to scrupulously analyze the state's evidence. Our defense strategies often include:

• Challenging Intent: Proving that the contact was accidental rather than "knowing" or "reckless."
• Mistaken Identity: In chaotic fights or crowded bars, witnesses frequently point to the wrong person. We use surveillance footage and independent witness statements to clear your name.
• Provocation: While not always a complete defense, proving that you were provoked can often lead to a reduction from a high-level felony to a lower-level offense.
• Suppression of Evidence: If the police violated your rights during the investigation or failed to provide Miranda warnings, we fight to have those statements excluded.

Schedule a Free Consultation With Our Assault Lawyer in Akron

If you or a loved one is facing an assault charge in or around Akron, the situation may feel overwhelming. You do not have to figure this out on your own. Talking with a knowledgeable defense attorney can give you a clearer understanding of what you are up against and what can be done.

At The Law Office of Benjamin W. Zushin, we offer a free consultation so you can speak directly with our attorney about your case. We explain the process, discuss potential strategies, and answer your questions in plain language. With our reasonable rates and focus on avoiding unnecessary costs, we work to make quality representation more accessible.

Call (330) 886-4672 or reach out online to schedule your free consultation with our Akron assault defense lawyer.

Frequently Asked Questions

Will I go to jail for an assault charge?

Jail time is possible in many assault cases, but it is not automatic. The risk depends on the level of the charge, your prior record, the facts, and how the judge views the case. We review these factors with you and work to seek outcomes that limit custody when possible.

Can the alleged victim drop my assault case?

The alleged victim can share their wishes with the prosecutor, but they usually cannot dismiss the case on their own. The decision to move forward typically belongs to the prosecutor and the court. We can explain how this works in Akron courts and discuss options based on your situation.

How much does it cost to hire your firm?

Fees for an assault case depend on the complexity of the charges and the amount of work involved. We are committed to reasonable rates and to avoiding unnecessary costs. During your free consultation, we review the case, explain our fee structure, and answer your questions before you decide how to proceed.

What will happen at my first court date?

The first court date is often an arraignment where the judge explains the charges, addresses bond, and sets future hearings. In Akron Municipal Court or Summit County Court of Common Pleas, we appear with you, help you understand what is happening, and begin protecting your rights from the very start.

How can your assault attorney help my case?

Our assault attorney can help by analyzing the evidence, identifying possible defenses, and guiding you through each decision point. Attorney Zushin’s background as both a prosecutor and public defender informs our strategy in Akron courts. We focus on protecting your rights and working toward the most favorable outcome available.