In the state of Ohio, assault and battery are two separate offenses that
oftentimes go hand in hand. Ohio law defines assault as the act of causing
or attempting to cause harm to another person or unborn child, while battery
involves negligently or intentionally causing bodily harm or offensive
Assault can either be considered simple, negligent, or aggravated. While simple
and negligent assault are charged as misdemeanors, aggravated assault
can be a felony offense if committed against a protected party such as
a police officer, firefighter, teacher, or other public servant.
Simple assault, oftentimes plainly referred to as just “assault,”
is a first degree misdemeanor offense in Ohio and can carry penalties
up to six months in jail and $1,000 in fines. Simple assault involves
knowingly or recklessly causing harm to another person or their unborn
child. Under this definition, a person does not need to have intent to
harm in order to be found guilty.
A person can be charged with negligent assault In the event that a person
should cause physical harm to another person through the negligent handling
of a deadly weapon. Negligent assault is a third degree misdemeanor, carrying
up to 60 days in jail and fines up to $500. Negligent assault is oftentimes
charged in relation to hunting accidents or accidental shootings.
In serious cases where a person causes or attempts to harm another person
with the use of a deadly weapon or firearm, they may be charged with felony
assault – the most serious type of assault.
Felony assault in Ohio can carry the following consequences:
- For a first degree felony, up to eleven years in prison and fines up to $20,000.
- For a first degree felony committed against a police officer, up to eleven
years in prison, fines up to $20,000, and a mandatory minimum sentence
of at least three years in prison.
- For a second degree felony, up to eight years in prison and fines up to $15,000.
aggravated assault is charged when a person commits an assault in a fit of rage after being
provoked by the victim. Aggravated assault is often charged as a fourth
degree felony, though it can be escalated to a second degree felony if
committed against a police officer. A conviction of aggravated assault
can carry up to six years in prison and $5,000 in fines.
Charged with Assault? Call (937) 660-8429
If you have been accused of any type of assault, a skilled
Dayton criminal defense attorney from Gounaris Abboud, LPA, can protect your rights in court and provide
the aggressive defense you need during this time. Having earned an
Ohio Super Lawyers® inclusion and a ranking on The National Trial Lawyers: Top 100 list for
our excellence, we have what it takes to fight and win on your behalf.
Find out more about what our award-winning lawyers can do for you during a