Ohio Laws – Assault or Aggravated Assault
Ohio has very strict laws in place to deter assault in any manner. Even unintentional assault (like assault caused by negligence) may carry significant jail time and fines. In Ohio, the law classifies assault under two broad categories. These categories are assault (also known as simple assault) and aggravated assault. This information outlines key elements of assault or aggravated assault charges.
Columbus Assault Attorney
If you or someone you care about is facing assault or aggravated assault charges in Ohio it is important to hire an experienced attorney. The right defense attorney is critical to successfully guiding you to the best possible result in your case. Contact an experienced Columbus assault attorney to discuss your case. Call Attorney Adam Burke now at (614) 280-9122 for your free consultation.
A simple assault, may be caused by negligence and recklessness. It may also be caused willingly.
Depending on the severity of the injury caused to the person assaulted, is considered a first degree or a second degree crime and it may carry a prison term of 6 months and a fine of $1000.
Assault is considered to be committed if you:
- Knowingly cause or attempt to cause physical harm to another or to another’s unborn.
- Recklessly cause serious physical harm to another or to another’s unborn. 1
If a “simple” assault is committed against an officer, a firefighter, or a medical official, then the assault is considered a felony of the fourth degree and carries a mandatory term of imprisonment of 6, 8, or 12 months.
Aggravated Assault Definition
Aggravated assault is a more serious form of assault, and is considered a 4th degree felony under Ohio law. It carries a jail term of anything from 18 months to 6 years and fines of up to $5000.
Aggravated assault is always committed under the serious stress of either great rage or passion. It deals with serious bodily harm. For example, broken bones, substantial risk of death and loss, or impairment to a body part come under aggravated assault.
Aggravated assault is caused when you (in a fit of rage or passion):
- Cause serious physical harm to another or to another’s unborn;
- Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance. 2
Aggravated Assault vs. Assault
Aggravated assault involves serious bodily harm, while injuries in assault cases are less severe.
Aggravated assault is considered to be a 3rd or 4th degree felony, while assault is considered (usually) a 1st degree misdemeanor by Ohio Criminal Law. Simple assault may be caused by negligence, while aggravated assault is always willful.
Aggravated assault may also involve the use of lethal weapons. The main factor in deciding aggravated assault versus assault is the severity of the injury caused to the assaulted person.
Burke, Meis & Associates – Columbus, OH Assault Lawyer
If you have been arrested for assault, it is important to hire an experienced criminal defense attorney to discuss the particular facts of your case and to make every effort to avoid the most serious consequences. Regardless of your situation, Attorney Adam Burke is prepared to defend you. Contact Burke, Meis & Associates today for your free consultation at (614) 280-9122.