Description: Dayton, Ohio criminal defense lawyer represented the Defendant charged with two counts of aggravated assault in violation of Section 2903.12 of the Ohio Revised Code, which provides:

"(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:

(1) Cause serious physical harm to another or to another's unborn;

(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

(B) Whoever violates this section is guilty of aggravated assault. Except as otherwise provided in this division, aggravated assault is a felony of the fourth degree. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, aggravated assault is a felony of the third degree. Regardless of whether the offense is a felony of the third or fourth degree under this division, if the offender also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, except as otherwise provided in this division, the court shall sentence the offender to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, aggravated assault is a felony of the third degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the definite prison terms prescribed in division (A)(3)(b) of section 2929.14 of the Revised Code for a felony of the third degree."

"Watson said she was helping the customer find a car part when the woman became upset and threatened her. The woman then attacked Watson and beat her on the head with her fists. Watson retreated behind the employee counter and retrieved her gun, according to an affidavit filed in Dayton Municipal Court."

The gunshot victim, a 33-year-old Dayton woman, was driven by her boyfriend to Miami Valley Hospital following the shooting.

Outcome: Defendant was found not guilty on one count and guilty on one count.

Plaintiff's Experts:

Defendant's Experts:

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