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Ohio assault laws include the offenses of both “assault” and “battery.” Causing or attempting to cause harm to another person or to an unborn child is an assault in Ohio. To commit "battery" is to intentionally or negligently cause offensive physical contact or bodily harm. The crime of assault is broken down into two separate degrees: "simple" and "aggravated." Simple and neglient assault are misdemeanor crimes. Aggravated assault is a felony depending upon who is the victim.
The following table highlights the main provisions of Ohio's assault and battery laws. See Assault and Battery Defenses, Assault and Battery Penalties and Sentencing, Other Crimes Against Persons and Assault and Battery as a Tort for more information.
| Code Sections | Assault: Ohio Revised Code Section 2903.13 |
Prohibited Conduct |
Simple Assault:
Negligent Assault: Negligent assault occurs when physical harm is caused through the negligent use of a deadly weapon. A common example of negligent assault is hunting accidents. Felony Assault:
Aggravated Assault:
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| Penalty | Simple Assault: In most cases assault is considered a first degree misdemeanor and is punishable by up to 6 months in jail and fines up to $1,000. May include restitution to the victim. Negligent Assault: Negligent assault is considered a 3rd degree misdemeanor and is punishable by jail time up to 60 days and fines up to $500. May include restitution to the victim. Felony Assault: A second degree felony typically carries a potential sentence of 2-8 years in prison and fines up to $20,000. May include restitution to the victim. Aggravated Assault:Fourth degree felony and is punishable by a prison term of 18 months to 6 years and fines of up to $5,000. |
| Who Prosecutes this Crime? |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you are facing assault and battery charges in Ohio, you should take your case seriously. Even if it is just a simple assault or simple battery, you could still get some jail time. Therefore, you should hire a criminal defense attorney who can help assess your options and mount a solid defense on your behalf. Take an initial first step by contacting an Ohio criminal defense attorney today.
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Get tailored advice and ask your legal questions. Many Ohio attorneys offer free consultations.