What is Assault?
Assault is the act of recklessly or knowingly causing or attempting to cause physical harm to another. It can be charged as a misdemeanor or felony depending on the circumstances. Most times it is charged as a 1st degree misdemeanor.
When is assault a felony?
Assault is a felony in Ohio if it is a repeat offense, there is serious physical harm, or if a deadly weapon is used. Assault is also a felony when it is committed against police officers, medics, or corrections officers.
Potential Assault Penalties
Simply being charged with assault can result in a high bond, loss of job, or jail time. If convicted, the penalties include imprisonment, fines, probation, court-ordered counseling, and restitution. A conviction is also difficult to get expunged. This means it can have a potential impact on employment, military service, professional licensing, firearm ownership, and securing a place to live.
Types of Assault in Ohio
Vehicular Assault – This offense involves actions that cause serious physical harm to another by means of a vehicle. This includes all cars, motorcycles, watercraft and even snowmobiles. This type of offense can be charged as aggravated vehicular assault, a third degree felony, on a few conditions, such as if the defendant has previously been convicted of a violation in this section (§ 2903.08).
Felonious Assault – According to § 2903.11 of the Ohio Revised Code, it is an offense to knowingly cause serious physical harm to another or to cause (or attempt to cause) physical harm to another through the use of a deadly weapon. Certain sex offenses are also considered felonious assault, which is a first degree felony.
Aggravated Assault – Aggravated assault is described by § 2903.12 as “while under the influence of sudden passion or in a sudden fit of rage…knowingly causing serious physical harm to another or causing physical harm to another…by means of a deadly weapon.” Aggravated assault is a third degree felony.
Assault – Simple assault is the act of knowingly causing or attempting to cause physical injury or harm to another, or recklessly causing or attempting to cause harm to another. Assault is a first degree misdemeanor.
Negligent Assault – This offense, according to § 2903.14, involves an individual using a deadly weapon negligently so as to result in physical harm to another. Negligent assault is a third degree misdemeanor.
Hazing – Hazing is a form of initiation, particularly popular in colleges and universities, in which a person or group of people coerce a victim to perform a task is substantially dangerous and can cause mental or physical harm to the victim. Permitting or participating in hazing is a fourth degree misdemeanor according to § 2903.31.