August 12, 2025 | Criminal Defense
In Ohio, unlike many other states, assault and battery are treated as part of the same legal category. These charges can arise from a wide range of situations, from heated arguments to fights or even accidents involving physical contact. Knowing how Ohio defines assault and what penalties may apply can help you better understand what to expect if you’re facing charges.
How Does Ohio Define Assault?
Under Ohio Revised Code Section 2903.13, assault is generally defined as causing or trying to cause physical harm to another person or an unborn child. The law doesn’t require a serious injury or the use of a weapon for an assault charge to apply.
There are several types of assault in Ohio:
- Simple assault: Knowingly causing or attempting to cause physical harm to someone
- Negligent assault: Causing harm by being careless with a deadly weapon
- Aggravated assault: Causing serious harm in the heat of the moment, often triggered by strong emotion or provocation
- Felonious assault: Causing serious injury or using a weapon with the intent to harm someone
Each of these offenses carries different penalties depending on the facts of the case and the people involved.
Penalties for Assault in Ohio
The punishment for an assault conviction depends on the specific type of charge and other factors like the victim’s status or whether a weapon was involved.
Here’s a general breakdown:
- Simple assault is usually a first-degree misdemeanor, with a possible sentence of up to 6 months in jail and a fine of up to $1,000.
- Negligent assault is a third-degree misdemeanor, carrying up to 60 days in jail and a fine of up to $500.
- Aggravated assault, often charged as a fourth-degree felony, can result in 6 to 18 months in prison and fines up to $5,000.
- Felonious Assault, a second-degree felony, may lead to 2 to 8 years in prison and up to $15,000 in fines.
If the assault involves a police officer, healthcare worker, or other protected person, the charge may be elevated, and the penalties can increase as a result.
What Happens After an Assault Conviction in Ohio?
A conviction for assault in Ohio doesn’t just come with time behind bars or fines; it can also affect your life in ways that last long after your sentence is over.
Some of the possible collateral consequences include:
- A permanent criminal record
- Limited job opportunities
- Trouble renting housing
- Loss of firearm rights (in felony cases)
- Problems with professional licensing
- Immigration consequences for non-citizens
Because these outcomes can have a serious impact on your future, it’s important to respond to charges with care and the right legal guidance.
What Defenses Are Available Against Ohio Assault Charges?
Just because someone is charged doesn’t mean they’ll be convicted. There are a number of legal defenses that may apply, depending on the situation. Common defenses include:
- Self-defense or defense of others: You may have used reasonable force to protect yourself or someone else
- Lack of intent: The law requires certain mental states, like intent or recklessness, for a conviction
- Mistaken identity: The person who accused you may have identified the wrong individual
- False accusations: Personal conflicts can sometimes lead to exaggerated or false reports
- Insufficient evidence: If the prosecution can’t prove its case beyond a reasonable doubt, the charges may be dismissed
An experienced criminal defense attorney can help you respond to your charges effectively, aiming for the most favorable outcome possible.
Contact the Cincinnati Assault Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
Ohio takes assault seriously, and the effects of a conviction could stay with you for the rest of your life. However, you still have time to fight back against the prosecution with help from an experienced criminal defense attorney.
Contact our Cincinnati criminal defense lawyers today at Suhre & Associates DUI and Criminal Defense Lawyers for help. We can guide you to your best path forward with a free consultation.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
300 W 4TH St,
Cincinnati, OH 45202
(513) 333-0014
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