The Ohio Revised Code defines Assault as:

2903.13 Assault.
(A) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn.
(B) No person shall recklessly cause serious physical harm to another or to another’s unborn.
Assault can be charged as a felony or a misdemeanor depending on a variety of circumstances.  Those include: was there “serious physical harm”, or was there a “deadly weapon” used. 

The crime of assault is a very serious crime in Ohio.  Assault, charged as a misdemeanor, is a misdemeanor of the 1st degree and is punishable by up to 1 YEAR IN JAIL, fines, court costs, probation and you may even be ordered to complete an anger management class.  As a felony, it can carry up to 8 YEARS IN PRISON!

Thus, here at Suhre & Associates we begin your case with our own separate assessment and investigation into the evidence.

We will look at whether there was actual physical harm or just a threat of physical harm.  Was the threat conditional?  Did you act in self defense?  There are a many different aspects of the case that must be analyzed.

Our goal is to complete a thorough assessment of the evidence in order to determine where the weaknesses in the State’s case lie.  From there, we exploit those weaknesses to a level which is detrimental to the State’s case. At the same time, we are developing a theory of litigation to overcome the strengths.

We are committed to mounting the most comprehensive and aggressive defense possible.  Our attorneys include both FORMER PROSECTUORS AND A FORMER POLICE OFFICER.   Call now for your FREE CONSULTATION  at 513-333-0014.  Because now is the perfect time to put our experience and knowledge to work for you.  

You can be arrested and charged with disorderly conduct if you recklessly cause inconvenience, annoyance or alarm by:

-         Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

-         Making unreasonable noise or an offensive coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;

-         Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

-         Hindering or preventing the movement of persons on a public street, road, highway, or right of way, or to, from , within, or upon public or private property, so as to interfere with the rights of others, and by the any act that serve s no lawful and reasonable purpose of the offender;

-         Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful reasonable purpose of the offender.

Or, while voluntarily intoxicated:

-         In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others; m

-         Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or the property of another. 

As you can see, this is broad language.  Therefore, disorderly conduct is one of the most widely charged offenses by police.  In addition, the conduct is subjective to the interpretation by police.  Thus, officers have wide discretion when deciding whether the conduct rises to the level of disorderly conduct. 

This discretion by police can lead to the charge of disorderly conduct that may be unwarranted.  Those unwarranted charges allow an experienced attorney to create a winning defense. 

Disorderly conduct has two separate criminal levels.  The officer may charge it as a minor misdemeanor with no possibility of jail time and punishable only by a fine.  However, most times the officer charges it as a misdemeanor of the fourth degree.  A misdemeanor of the fourth degree carries with it the possibility of 30 DAYS IN JAIL and a $250 fine as well as a period of probation.

 When you are charged with a disorderly conduct, an experienced lawyer can help build a winning defense.  Many times, if you lack a criminal history, the charge may be eligible for diversion which ultimately leads to a dismissal.  Other times, the charge may be reduced or dismissed based on the State’s inability to secure the appropriate witnesses. 

So, if you or a loved one is charged with the crime of disorderly conduct, give us a call at 513-333-0014.  Because now is the perfect time to put the knowledge and experience of A FORMER PROSECUTOR and A FORMER POLICE OFFICER to work for you.

After receiving the instructions and hearing the final arguments, the jury retires to the jury room to begin deliberating. In most states the first order of business is to elect one of the jurors as the foreperson or presiding juror. This person’s role is to preside over discussions and votes of the jurors, and often to deliver the verdict. The bailiff’s job is to ensure that no one communicates with the jury during deliberations.

In Ohio, the jury may take the exhibits introduced into the record and the judge’s instructions to the jury room. Sometimes the jury will have a question about the evidence or the judge’s instructions. If this happens, the jury will give a note to the bailiff to take to the judge. The judge may respond to the note, or may call the jury back into the courtroom for further instructions or to have portions of the transcript read to them. Of course, any communication between the judge and jury should be in the presence of lawyers for each side or with their knowledge.

Usually the court provides the jury with written forms of all possible verdicts, so that when a decision is reached, the jury has only to choose the proper verdict form. In most instances, the verdict in a criminal case must be unanimous.

If the jury cannot come to a decision by the end of the day, the jurors may be sequestered, or housed in a hotel and secluded from all contact with other people, newspapers and news reports. In most cases, though, the jury will be allowed to go home at night. The judge will instruct jurors not to read or view reports of the case in the news. Nor should they consider or discuss the case while outside of the jury room.

If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not decided, and it may be tried again at a later date before a new jury. Or the plaintiff or government may decide not to pursue the case further and there will be no subsequent trial.

If you have been arrested in Greater Cincinnati, call the Criminal Lawyers with Suhre & Assocaties at 513-333-0014 – 24 Hours a day, 365 days a year.  The call is free – and always, there is no obligation on your part

After reaching a decision, the jury notifies the bailiff, who notifies the judge. All of the participants reconvene in the courtroom and the decision is announced. The announcement may be made by either the foreperson or the court clerk.

Possible verdicts in criminal cases are “guilty” or “not guilty.” Sometimes, if the jury cannot unanimously reach a conclusion, this will result in a “hung jury.”  The State then has the opportunity to refile the case and the whole process is repeated.

The lawyer for either party may ask that the jury be polled, although the request usually comes from the losing party. This means each juror will be asked if he or she agrees with the decision, as announced. This is to make sure that the verdict announced is the actual verdict of the jury. After the decision is read and accepted by the court, the jury is dismissed, and the trial is over.

If you have been arrested in Greater Cincinnati, call the Criminal Lawyers with Suhre & Assocaties at 513-333-0014 – 24 Hours a day, 365 days a year.  The call is free – and always, there is no obligation on your part

The best way to answer this question is to quote a jury instruction that best sets out in our opinion, the concept of reasonable doubt in a criminal case:

The burden is upon the prosecution to prove by the evidence beyond a reasonable doubt every material and necessary element of the offense charged against the defendant. It is not sufficient that you may believe his guilt probable, or more probable than his innocence.

Suspicion or probability of guilt, however strong, will not authorize a conviction, but the evidence must prove his guilt beyond a reasonable doubt.

You shall not speculate or go outside of the evidence to consider what you think might have taken place, but you are to confine your consideration to the evidence introduced by the prosecution and the defense and unless you believe, upon a consideration of all the evidence before you, that guilt of the defendant has been proved beyond a reasonable doubt as to every material and necessary element of the offense charged against him, then you shall find the defendant not guilty.

The burden resting upon the prosecution to prove guilt of the defendant beyond a reasonable doubt does not require that such guilt be proven beyond every imaginable, conceivable or possible doubt, but only beyond a reasonable doubt .

You must limit your consideration to the evidence introduced, and you are not to go outside the evidence to hunt up doubts, nor must you entertain doubts that are speculative or conjectural. If, upon a consideration of all the evidence, you are satisfied of the guilt of the defendant beyond a reasonable doubt, then you shall find him guilty

If you, or a family member has been arrested in Cincinnati, call our 24 hour emergency number at 513 333 0014 for an aggressive criminal defense team.

In order to establish an alibi, an individual must be able to provide proof that he or she wasn’t at the scene of the crime. Often, testimony from other individuals is used to establish where the person was or wasn’t. Other records, such as work records or videos that are date- and time- stamped, can help establish the location of an individual at the time the crime was committed.

Remember…if you or a loved one has been arrested on a criminal charge in Cincinnati, give our office a call at our 24 Hour Emergency Number at 513 333 0014.  The call is FREE and there is NO obligation.

The best way to answer this question is to quote a jury instruction that best sets out in our opinion, the concept of reasonable doubt in a criminal case:

The burden is upon the prosecution to prove by the evidence beyond a reasonable doubt every material and necessary element of the offense charged against the defendant. It is not sufficient that you may believe his guilt probable, or more probable than his innocence.

Suspicion or probability of guilt, however strong, will not authorize a conviction, but the evidence must prove his guilt beyond a reasonable doubt.

You shall not speculate or go outside of the evidence to consider what you think might have taken place, but you are to confine your consideration to the evidence introduced by the prosecution and the defense and unless you believe, upon a consideration of all the evidence before you, that guilt of the defendant has been proved beyond a reasonable doubt as to every material and necessary element of the offense charged against him, then you shall find the defendant not guilty.

The burden resting upon the prosecution to prove guilt of the defendant beyond a reasonable doubt does not require that such guilt be proven beyond every imaginable, conceivable or possible doubt, but only beyond a reasonable doubt .

You must limit your consideration to the evidence introduced, and you are not to go outside the evidence to hunt up doubts, nor must you entertain doubts that are speculative or conjectural. If, upon a consideration of all the evidence, you are satisfied of the guilt of the defendant beyond a reasonable doubt, then you shall find him guilty

If you, or a family member has been arrested in Cincinnati, call our 24 hour emergency number at 513 333 0014 for an aggressive criminal defense team.

After reaching a decision, the jury notifies the bailiff, who notifies the judge. All of the participants reconvene in the courtroom and the decision is announced. The announcement may be made by either the foreperson or the court clerk.

Possible verdicts in criminal cases are “guilty” or “not guilty.” Sometimes, if the jury cannot unanimously reach a conclusion, this will result in a “hung jury.”  The State then has the opportunity to refile the case and the whole process is repeated.

The lawyer for either party may ask that the jury be polled, although the request usually comes from the losing party. This means each juror will be asked if he or she agrees with the decision, as announced. This is to make sure that the verdict announced is the actual verdict of the jury. After the decision is read and accepted by the court, the jury is dismissed, and the trial is over.

If you have been arrested in Greater Cincinnati, call the Criminal Lawyers with Suhre & Assocaties at 513-333-0014 – 24 Hours a day, 365 days a year.  The call is free – and always, there is no obligation on your part

The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury. This is commonly referred to as the judge’s charge to the jury.

In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors. He or she will discuss the standard of proof that jurors should apply to the case – “beyond a reasonable doubt” in a criminal case.  The judge may read sections of applicable laws.

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence. Sometimes judges will explain what basic facts are in dispute, and what facts do not matter to the case.

The judge will point out that his or her instructions contain the interpretation of the relevant laws that govern the case, and that jurors are required to adhere to these laws in making their decision, regardless of what the jurors believe the law is or ought to be. In short, the jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge.

If you have been arrested in Greater Cincinnati, call the Criminal Lawyers with Suhre & Assocaties at 513-333-0014 – 24 Hours a day, 365 days a year.  The call is free – and always, there is no obligation on your part.

The defense lawyer may choose not to present evidence, in the belief that the plaintiff or government did not prove its case. Usually, however, the defense will offer evidence.

In a criminal case, the witnesses presented by the defense may or may not include the defendant. Because the Fifth Amendment to the U.S. Constitution protects against self-incrimination, the prosecution cannot require the defendant to take the stand and explain what happened, nor can it comment or speculate on the reasons the defendant has chosen not to testify. The jury will be instructed not to take into account the fact that the defendant did not testify.

The defense presents evidence in the same manner as the plaintiff or state, and the plaintiff or government in return has the right to cross-examine the defense’s witnesses. Re-direct and re-cross examination also are permitted.

If you have been arrested in Greater Cincinnati, call the Criminal Lawyers with Suhre & Assocaties at 513-333-0014 – 24 Hours a day, 365 days a year.  The call is free – and always, there is no obligation on your part.