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Aggravated Assault ORC § 2903.12

What is Aggravated Assault in Ohio:

The difference between Felonious Assault and Aggravated Assault is that Agg. Assault is committed during a fit of rage

Aggravated assault is a felonious assault committed during fit of rage.

The Ohio Revised Code sets out that a person has committed aggravated assault if:

  • Cause serious physical harm to another or their unborn child, or
  • Cause or attempting to cause physical harm to another or their unborn with the use of a deadly weapon or dangerous ordinance,
  • While under a sudden fit of passion or rage brought on by the victim.

Potential Penalties for Aggravated Assault

Aggravated assault is generally a fourth-degree felony carrying a penalty of 6-18 months in prison and a fine of $5,000.  If the alleged victim is a peace officer, aggravated assault is a third-degree felony carrying a penalty of 1-5 years in prison with a fine of up to $10,000.

An Aggravated assault case in Franklin County is a serious charge that is not able to be expunged from your record if you are convicted.

Self Defense in Aggravated Assault Cases:

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.

Charged with Aggravated Assault in Ohio?

At Funkhouser Law, from the moment a client walks through the door, we presume that they are innocent until proven guilty in a court of law. As such, we work hard to accomplish the most favorable outcome for each of our clients. If you have been accused of assault, please call Funkhouser Law for a free consultation with an experienced, peer-rated lawyer.

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