Ohio Assault and Battery Laws

Assault: Ohio Revised Code Section 2903.13

Prohibited Conduct

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 to another’s unborn.

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:

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

Aggravated Assault:

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

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.

Ohio District Attorney Office