Charged with Aѕѕаult? Understanding Unique Ohio Criminal Laws
Most people have heard of “aѕѕаult and bаttеrу” since they are frequently рrеѕеntеd together and referenced in popular legal television dramas. However, there are important nuances to this area of criminal law that you need to be aware of, especially for residents of Ohio. Here’s an introduction to understanding the various assault offenses in the State of Ohio
There is No Such Thing as Criminal Battery in Ohio
If you live in Ohio, you cannot be charged with criminal battery since the state legislature repealed the criminal battery statute years ago. This means that, according to the statutory law of Ohio, you cannot be charged with “assault and battery.”
Another essential nuance in Ohio is that “assault” carries a different meaning.
According to Ohio Revised Code Section 2903.13, an assault has occurred when someone knowingly causes or attempts to cause physical harm to someone else, or their unborn child or recklessly causes serious physical harm to another person or their unborn child.
Understanding the Various Aspects of Assault Offenses in Ohio
Since assault encompasses the traditional definition of assault and battery in Ohio, there is a broader array of assault offenses in the state. In fact, you could be charged with seven different types of assault in Ohio. You could be charged criminally with:
- Negligent assault;
- Aggravated assault;
- Felonious assault;
- Vehicular assault;
- Aggravated vehicular assault;
- Domestic violence.
You can be charged with aggravated assault if you knowingly commit a felony assault when you are suddenly enraged or provoked by the other party, according to Ohio Revised Code Section 2903.12.
The main difference between assault and felonious assault is the type of harm caused. The more significant or serious the harm, the more likely you are to be charged with a felony. You can be charged with felonious assault if you knowingly cause serious physical harm to someone else or their unborn child. Also, if you use a deadly weapon, knowingly attempting to cause physical harm may escalate the offense to a felony crime.
Vehicular assaults and aggravated vehicular assaults do not arise from the common motor vehicle accident. In situations where these offenses are charged there is usually a combination of serious physical harm and extremely reckless driving behavior or evidence of drug and alcohol impairment.
Another unique aspect of Ohio criminal law is the fact that the legislature opted to recognize domestic violence as a specific, unique offense.
According to Ohio Revised Code Section 2919.25, you can be charged with domestic violence if you knowingly cause physical harm to a family member, use force or levy a threat of force to a family member, or recklessly cause serious physical harm to a family member.
Domestic violence offenses carry with them significant penalties as well as many collateral consequences including potential limitations on your firearm rights as well as restrictions on who you may live with or come into contact with.
Have You Been Charged with Assault in Ohio? Speak to an Experienced Ohio Criminal Defense Lawyer
If you are facing assault charges in Ohio, now is the time to take legal action to protect your constitutional rights. Contact an experienced and skilled Ohio criminal defense lawyer right away. An attorney can help you fight the charges and work to achieve the best possible outcome for you and your family.