Assault charges in Ohio can range widely in severity and penalties. It's essential for anyone facing such charges to understand the different levels of assault and their associated legal consequences. The Ohio Revised Code specifies various assault offenses, which can be classified as misdemeanors or felonies, each with unique circumstances and penalties.
If you or a loved one is facing assault charges, seeking experienced legal representation is crucial to navigate the complexities of the legal system and protect your rights.
| Offense | Circumstance | Degree | Penalty |
|---|---|---|---|
| Negligent assault (R.C. 2903.14) | Negligently cause physical harm with a deadly weapon or dangerous ordnance | M3 | Up to 60 days jail; fine up to $500 |
| Assault (R.C. 2903.13) | Base offense: knowingly cause or attempt physical harm, or recklessly cause serious physical harm | M1 | Up to 180 days jail; fine up to $1,000 |
| Assault (R.C. 2903.13) | Victim is a teacher, school administrator, or school bus operator on duty | F5 | 6 to 12 months prison; fine up to $2,500 |
| Assault (R.C. 2903.13) | Victim is a peace officer, firefighter, or emergency medical worker on duty | F4 | 6 to 18 months prison; fine up to $5,000. Mandatory prison if a peace officer suffers serious physical harm. |
| Assault (R.C. 2903.13) | Caretaker and the victim is a functionally impaired person in their care | F4 | 6 to 18 months prison; fine up to $5,000 (F3 with a qualifying prior) |
| Aggravated assault (R.C. 2903.12) | Serious physical harm, or harm with a deadly weapon, while under sudden passion or a sudden fit of rage brought on by the victim | F4 | 6 to 18 months prison; fine up to $5,000 |
| Aggravated assault (R.C. 2903.12) | Victim is a peace officer | F3 | 9 to 36 months prison; fine up to $10,000 |
| Felonious assault (R.C. 2903.11) | Knowingly cause serious physical harm, or cause or attempt physical harm with a deadly weapon | F2 | 2 to 8 years prison; fine up to $15,000 |
| Felonious assault (R.C. 2903.11) | Victim is a peace officer | F1 | 3 to 11 years prison; fine up to $20,000 |
| Strangulation (R.C. 2903.18) | Causes serious physical harm | F2 | 2 to 8 years prison; fine up to $15,000 |
| Strangulation (R.C. 2903.18) | Creates a substantial risk of serious physical harm | F3 | 9 to 36 months prison; fine up to $10,000 |
| Strangulation (R.C. 2903.18) | Causes or risks physical harm | F5 | 6 to 12 months prison; fine up to $2,500 (F4 if a family, household, or dating relationship; F3 with a prior felony offense of violence or a pregnant victim) |
| Aggravated vehicular assault (R.C. 2903.08(A)(1)) | Serious physical harm caused while operating under the influence | F3 | 9 to 36 months prison; fine up to $10,000 (F2 with a license suspension or qualifying priors). Mandatory prison. |
| Vehicular assault (R.C. 2903.08(A)(2)) | Serious physical harm caused by reckless operation | F4 | 6 to 18 months prison; fine up to $5,000 (F3 with a suspension or qualifying prior) |
| Vehicular assault (R.C. 2903.08(A)(3)) | Serious physical harm caused by speeding in a construction zone | M1 | Up to 180 days jail; fine up to $1,000 (F4 with a suspension or prior). Mandatory minimum 7 days jail. |
Felonious assault is an offense of violence. A first- or second-degree felony conviction is subject to indefinite sentencing under Ohio's Reagan Tokes Law, which adds an indefinite maximum term above the minimum range shown. Enhancement triggers vary by offense; the parentheticals list the most common ones, not every variation. Aggravated vehicular assault and vehicular assault also carry a mandatory driver's license suspension. Self-defense: if the evidence supports self-defense, defense of another, or defense of one's home, the prosecution must prove beyond a reasonable doubt that the force used was not justified (R.C. 2901.05). This chart is general information and is not legal advice.
If you are facing assault charges in Ohio, contact The Law Offices of Brian J. Smith, ltd for expert legal assistance. Our experienced criminal defense attorneys are dedicated to providing the guidance and representation you need to protect your rights and achieve the best possible outcome in your case.
The prosecution is already building its case. Before you decide anything, get an experienced criminal defense lawyer who will review the evidence, protect your rights, and fight for the best possible result.
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