Felonious Assault ORC § 2903.11
The Ohio Revised Code sets out that a person has committed felonious assault if they:
- Knowingly cause or attempt to cause serious physical harm to another person;
- Cause or attempt to cause physical harm to another person with a deadly weapon; or
- Engages in sexual conduct with another person without disclosing a diagnosis of a illness which causes acquired immunodeficiency syndrome.
Felonious Assault is generally a felony of the second degree and is punishable by up to 8 years in prison and a fine of up to $15,000. A conviction is not able to be expunged from your record.
Difference Between Felonious Assault and Misdemeanor Assault
What distinguishes a felonious assault in Ohio from misdemeanor assault, also known a simple assault, is that a felony assault either involved the use of a deadly weapon or caused serious physical harm.
What is Serious Physical Harm
The legal definition for “serious physical harm” in Ohio is not a serious a normal person would think. Under Ohio law, a person can be charged with felonious assault if the harm caused:
- Requires prolonged psychiatric treatment;
- Physical harm that carries a substantial risk of death;
- Physical harm that involves permanent or temporary incapacitation;
- Physical harm that involves any permanent disfigurement (this means any scaring); or
- Physical harm that involves severe, substantial, and prolonged pain.
Assault with a Deadly Weapon
Ohio Law defines a deadly weapon as any instrument that is capable of inflicting death or is used as weapon. This extremely broad definition not only includes guns and knives, but has also been interpreted to include bats and cars.
Self Defense in Felonious 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 Felonious Assault in Central 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 felonious assault, please call Funkhouser Law for a free consultation with an experienced, peer-rated lawyer with a track record of trying felony cases in Central Ohio.