Assault ORC § 2903.13
A person is guilty of Assault in Ohio if it can be proven beyond a reasonable doubt that they:
- Caused or attempted to cause,
- Physical harm,
- To another or their unborn child.
Assault in Ohio can either be a felony or a misdemeanor. Whether it is a felony or not depends on whether or not the amount of harm caused is serious or not. If a person is injured, but not seriously, the assault case in Ohio will only be a misdemeanor. A misdemeanor is also called simple assault in Ohio. Generally, punching, kicking, or pushing someone are all considered misdemeanors.
Potential Penalties for Misdemeanor Assault:
Assault is generally a misdemeanor of the first degree and can be punished by up to 180 days in prison and a fine of up to $1000.
Assault and Domestic Violence:
If the Defendant and the alleged victim are married, live together or have children together an assault can also be a domestic violence. Prosecutors often charge people with assault and domestic violence in Central Ohio if they are able to. You can read more about domestic violence cases in Ohio here.
Self Defense in 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 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.