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In Ohio, any person who knowingly or recklessly threatens or causes harm to another person can be charged with assault. Some acts of negligence can lead to assault charges, and the state also recognizes “aggravated assault” as a crime involving use of deadly force, use of a weapon, and/or a special class of alleged victim such as a police or corrections officer
Getting charged with assault implies that the suspect is accused of hurting someone, acting in a threatening manner, or not doing enough to prevent someone from getting hurt by their actions.
Ohio does not define battery by statute and does not charge people with battery. Other states do sometimes make a distinction between assault and battery, with a battery charge requiring making physical contact.
A full list of assault offenses would (and does) fill a law library. Avoiding such exhaustive detail, here is a brief sampling of assault offenses mentioned in the relevant sections of the Ohio Revised Code and the U.S. Code:
Murder technically meets the legal definition of assault. However, assaults that lead to loss of life generally get prosecuted as homicides.
Legally, a homicide is any taking of another person’s life. The act becomes a crime when the person who committed the homicide acted maliciously, recklessly, or negligently. Here is how Ohio categorizes different types of criminal homicide, along with examples of actions that can bring each charge:
Many do, such as rape and stalking. Ohio law also lists “sexual motivation” as a factor for prosecuting an assault as an aggravated offense.
In most cases, yes. State and federal prosecutors could also bring separate weapons crimes charges, treat a related offense such as robbery as “aggravated” by weapon use, and ask for stiffer sentences on each of the assault, weapons, and aggravated offenses. If you face such multiple charges, you need to secure representation from a caring and dedicated Columbus, OH, assault lawyer.
Possible penalties for an assault vary according to how the following questions get answered:
Without knowing precise answers to each of those questions (and probably a few others specific to the particular case), no accurate estimate of criminal consequences from a given assault charge can be given. Very generally, however, assaults involving weapons that result in death and assaults that physically harm children draw stiffer penalties than other types of assault offenses.
You can learn more about misdemeanor and felony sentences under Ohio law by clicking here.
Yes. You have the right to protect yourself and your property but you must prove using force was a reasonable action permitted under law. If you need to put together a self-defense case, you should speak with an assault attorney in Columbus, OH, who will know how to collect and present evidence to support your explanation of events.
Yes. A Columbus criminal defense attorney will need know the particulars of your case to offer sound advice. Campbell Law can provide the answers you require, and we are ready to offer a free initial consultation. Contact us today to share your story and schedule an appointment.