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Types of Assault Charges in Ohio

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In Ohio, assault charges are serious criminal charges that carry exceptionally serious penalties and fines. While assault and battery charges are separate, they are often levied in tandem with one another. If you are facing an assault charge – or fear that one may be forthcoming – don’t delay consulting with an experienced Dayton criminal defense attorney. 

Assault vs. Battery

Assault charges are based on causing or attempting to cause someone else (including an unborn child) harm. Battery charges, on the other hand, are based on either intentionally or negligently causing bodily harm or physical contact that is offensive. Being charged with assault and/or battery, however, is entirely different than being guilty of the offense in question, and bringing your strongest legal defense is always well advised.

Simple Assault

Assault is broken down into several different categories, and at its base is simple assault, which involves knowingly or recklessly causing harm to someone else (or to an unborn child). It’s important to note, however, that simple assault does not require that the accused intended to cause harm in the first place. A conviction for simple assault – a first-degree misdemeanor – carries up to 6 months in jail and up to $1,000 in fines. 

Negligent Assault

Negligent assault relates to causing harm via the negligent handling of a firearm or another kind of deadly weapon. Negligent assault charges often relate to hunting accidents and accidental shootings, and a conviction can bring up to 60 days in jail and up to $500 in fines. 

Felony Assault

A felony assault charge is the most serious of all, and it relates to causing harm or attempting to do so via the use of a firearm or another deadly weapon. Depending upon the severity of the charge and whether or not it is classified as a first-degree or a second-degree felony, the following penalties and fines apply:

  • For a second-degree felony, a conviction carries up to 8 years in prison and up to $15,000 in fines. 
  • For a first-degree felony, a conviction carries up to 11 years in prison and up to $20,000 in fines.
  • For a first-degree felony against a police officer, a conviction carries a mandatory sentence of from 3 to 11 years in prison and fines of up to $20,000. 

Aggravated Assault

Aggravated assault refers to an assault that is committed by an enraged defendant who was provoked by the person he or she assaulted. Aggravated assault is generally charged as a fourth-degree felony, and a conviction carries up to 6 years behind bars and fines of up to $5,000. 

Turn to an Experienced Dayton Criminal Defense Attorney for the Legal Help You Need

The distinguished Dayton criminal defense attorneys at The VanNoy Firm dedicate their practice to skillfully defending the legal rights of clients like you – in aggressive pursuit of optimal case outcomes. To learn more about what we can do to help you, please don’t wait to contact us today.



About The Author

Anthony S. VanNoy

Trial Attorney

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