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The Difference Between Assault and Battery Charges

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Disputes can arise between strangers or even friends and family members that get quickly out of hand. Unfortunately, your actions in response to perceived slights or disagreements could end up resulting in criminal charges. Assault and battery charges in Ohio are a serious matter. They can leave you facing a permanent criminal record and may result in penalties that include heavy fines and a lengthy jail sentence. 

Assault and Battery Charges in Dayton, Ohio

Under the Ohio Revised Code, assault is defined as either causing or attempting to cause harm to another person or an unborn child. These charges can stem out of violent altercations, in which one person pushes, punches, or otherwise gets physical with another. They can also arise in situations in which threats are made. 

Battery is a similar crime that involves actually causing harm to others, either intentionally or recklessly. Previously categorized separately, battery is included under assault charges in Ohio and in the Montgomery County Criminal Court. There are five basic levels of assault and battery charges that  determine the severity of the penalties you face: 

  • Simple assault: This involves either knowingly causing or attempting to cause harm to another or doing so as a result of your reckless actions. A misdemeanor charge, penalties include up to a $1,000 fine and up to six months in jail. 
  • Negligent assault: This involves causing serious harm to another through the negligent handling of a weapon, such as the accidental discharge of a gun. It is also a misdemeanor but penalties are less severe, including up to $500 in fines and a 60-day jail sentence. 
  • Aggravated assault: This is when a personal commits an assault in a fit of rage or after being provoked by the victim. As a felony charge, it included fines of up to $5,000 and up to a six-year prison sentence. 
  • Domestic violence: This involves assaults committed against family or household members. You could be facing either a misdemeanor or felony charges, with fines up to $10,000 and up to three years of imprisonment. 
  • Felony assault: The most serious type of assault charge, this involves intentionally or recklessly causing or attempting to cause harm to others through the use of a deadly weapon. Penalties include up to $20,000 in fines and up to 11 years in prison if convicted.  

Reach Out To Our Dayton Criminal Defense Lawyers

At the VanNoy Firm, we provide the aggressive legal representation you need when facing assault and battery charges in Ohio. Call or contact our Dayton criminal defense lawyers online today to request a consultation.

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Anthony S. VanNoy

Trial Attorney

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