Assault

How does Ohio law define Assault?

The State of Ohio’s assault laws include both “assault” and “battery”. Ohio Revised Code Section 2903.13. To commit “battery” is to intentionally or negligently cause offensive physical contact or bodily harm. The crime of assault is broken down into “simple” and “aggravated”.

What is a Simple Assault?

• Knowingly causing or attempting to cause physical harm to another or to another’s unborn.
• Recklessly causing serious physical harm to another or another’s inborn.

PENALTY: In most cases is a 1st degree misdemeanor and punishable by up to 6 months prison time and fines up to $1000. May include restitution to the victim.

What is a Negligent Assault?

• Physical harm is caused through the negligent use of a deadly weapon.

PENALTY: 3rd degree misdemeanor and is punishable by 60 days prison time and fines up to $500. May include restitution to the victim.

What is an Aggravated Assault?

• Causing serious harm to someone or an unborn child, or
• Causing or attempting to cause harm through the use of a deadly weapon
• And does this while “under the influence of sudden passion or in a sudden fit of rage.”

PENALTY: 4th degree felony punishable by 18 months – 6 years prison time an dfines up to $5,000. May include restitution to the victim.

What is a Felony Assault?

• Causing serious harm to someone or an unborn child, or
• Causing or attempting to cause harm through the use of a deadly weapon

PENALTY: 2nd degree felony punishable by 2 – 8 years prison time and fines up to $20,000. May include restitution to the victim.

Can I remove a previous conviction from my record?

Remember that convictions are public record. Web searching for your name will likely show your assault conviction; consider record expungement.

Your criminal record will be available to potential employers, lending institutions and anyone that wants to know with no expiration date.