Battery VS Assault: What Is The Difference Between Assault And Battery
In the state of Ohio, assault and battery are two separate offenses that oftentimes go hand in hand.
Ohio assault laws define 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 physical contact.
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 another public servant.
Ohio Assault Laws – Types Of Assault Charges in Ohio
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 the 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.
Similarly, 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.
Is Pushing Someone Assault In Ohio?
Pushing in associated with assault can vary from state to state.
Some states consider physical attack an assault, which would include slapping or even slightly pushing or shoving another person.
This could be regarded as a simple assault.
Other states consider assault to be any sort of action that threatens another person, such as threatening to push or punch someone. Under Ohio assault laws, pushing or shoving someone would be considered a simple assault.
Charged with Assault? Contact Us
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 free consultation.