Misdemeanor Assault – Not Guilty at Trial – Fairfield County, Lancaster, Ohio

An EMT was charged with assault in the Fairfield County Municipal Court after responding to report of an individual at a halfway house who was experiencing a medical emergency.  Upon responding the individual had become violent and had to be restrained on the gurney.  While the Client was restraining the individual he spit in our Client’s face.  Our Client quickly reacted and covered the individuals mouth with his hand to stop him from continuing to spit. When he did this, it caused the individual to get a bloody nose and the Client was charged with misdemeanor assault.  The prosecutor refused to dismiss the case and the matter proceeded to trial.  At trial, we successfully argued that our Client was acting in self-defense and the Client was found not guilty.  We then acted as the Client’s expungement attorney and had the case expunged from his record shortly thereafter.

What is assault in Ohio?

Ohio Revised Code Section 2903.13 sets out that a person commits assault when they knowingly cause or attempt to cause physical harm to another or another’s unborn. Also known as “simple assault,” it is a first degree misdemeanor.  You can read more about Ohio assault cases here.

What is the punishment for misdemeanor assault?

Misdemeanor assault is punishable by up to 180 days in a jail, a $1,000 and up to five years of probation or community control.

What is self-defense in Ohio?

Under Ohio law a person is permitted to use force to defend themselves.  To successfully assert a self-defense claim you must prove 1) you were threatened with force, 2) you did not provoke the other person, 3) the amount force you used to defend yourself was reasonable.  Ohio is a “Stand Your Ground” state and does not require someone to attempt to retreat before using self-defense. You can read more about Ohio Self Defense cases here.