Ohio Revised Code § 2903.13 defines assault as knowingly causing or attempting to cause physical harm to another person or their unborn, or recklessly causing serious physical harm to another person or their unborn. Ohio has several different assault crimes, and while a simple assault is usually a misdemeanor offense, certain aggravating factors can result in felony charges.

Assault


Any person who is charged with an assault offense in Columbus or a surrounding community in Franklin County should remember that a prosecutor is still required to prove the individual’s guilt beyond a reasonable doubt. Alleged offenders in these cases may have different defenses that can help present some of the mitigating factors and lead to a reduction or possibly even complete dismissal of criminal charges.

Assault Defense Attorneys in Columbus, OH | Sabol | Mallory

Were you arrested for an alleged assault in the greater Columbus area? No matter how confident you are in your innocence, you should still avoid saying anything to authorities until you have legal representation.


Sabol | Mallory can make sure that all of your rights are protected and fight to help you achieve the most favorable outcome to your case that results in the fewest consequences. Call (614) 300-5088 or contact us online to schedule a free consultation.

Assault Charges in Ohio

Under Ohio Revised Code § 2903.13(C)(1), a person who knowingly causes or attempts to cause physical harm to another person or their unborn, or recklessly causes serious physical harm to another person or their unborn commits what is usually referred to as simple assault. A basic assault crime is a first-degree misdemeanor.


Assault becomes a fourth-degree felony under Ohio Revised Code § 2903.13(C)(2) when the alleged offense is committed by a caretaker against a functionally impaired person under the caretaker's care. If the alleged offense is committed by a caretaker against a functionally impaired person under the caretaker's care, the alleged offender has been previously convicted of or pleaded guilty to assault, felonious assault, or failing to provide for a functionally impaired person, and the previous conviction related to the alleged offender being a caretaker and the victim being a functionally impaired person under the offender's care, assault is a third-degree felony.


Under Ohio Revised Code § 2903.13(C)(3) assault is a third-degree felony when the alleged offense occurs in or on the grounds of a state correctional institution or an institution of the department of youth services, the alleged victim is an employee of the department of rehabilitation and correction or the department of youth services, and the alleged offense is committed by a person incarcerated in the state correctional institution or by a person institutionalized in the department of youth services institution pursuant to a commitment to the department of youth services. Assault is a fifth-degree felony under Ohio Revised Code § 2903.13(C)(4) when an alleged offense is committed in any of the following circumstances:


  • The alleged offense occurs in or on the grounds of a local correctional facility, the alleged victim is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the alleged offense is committed by a person who is under custody in the facility.


  • The alleged offense occurs off the grounds of a state correctional institution and off the grounds of an institution of the department of youth services, the alleged victim is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department, the alleged offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the alleged offense is committed by a person incarcerated in a state correctional institution or institutionalized in the department of youth services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.


  • The alleged offense occurs off the grounds of a local correctional facility, the alleged victim is an employee of the local correctional facility or a probation department, the alleged offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the alleged offense is committed by a person who is under custody in the facility.


  • The alleged victim of the offense is a school teacher or administrator or a school bus operator, and the alleged offense occurs in a school, on school premises, in a school building, on a school bus, or while the alleged victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.


Ohio Revised Code § 2903.13(C)(5) establishes that assault is a fourth-degree felony when the alleged victim is a peace officer or an investigator of the bureau of criminal identification and investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. Under Ohio Revised Code § 2903.13(C)(7), an assault in which the alleged victim is an officer or employee of a public children services agency or a private child placing agency and the alleged offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, the crime is a fifth-degree felony but becomes a fourth-degree felony if the alleged offender was convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties.

Ohio Assault Penalties

The specific grade of your assault crime will determine the severity of any sentence imposed if you are convicted. Ohio generally imposes the following penalties:


  • First-Degree Misdemeanor — Up to 180 days in jail and/or fine of up to $1,000


  • Fifth-Degree Felony — Six to 12 months in prison and/or fine of up to $2,500


  • Fourth-Degree Felony — Six to 18 months in prison and/or fine of up to $5,000


  • Third-Degree Felony — Nine months to five years in prison and/or fine of up to $10,000

Columbus, OH Assault Resources

Crime Prevention Tips and Literature | City of Columbus — Visit this section of the City of Columbus website to find information about crime prevention programs regarding block watches, security surveys, workplace violence reduction and Crime Prevention Through Environmental Design (CPTED), all available through the Community Liaison Section.


Crime in Major Ohio Cities | Quarter 2 2018 — View the full text of a report from the Ohio Department of Public Safety. The 2,841 aggravated assaults were an increase from the 2,716 in 2017. The 468 aggravated assaults in Columbus were a 2.1 percent decrease from the 478 reported in 2017 and three other major cities saw decreases but Cleveland had a 47.5 percent increase as well as a 6.8 percent increase in Dayton. Crime Prevention Literature includes a Blockwatch Handbook, Information on Protection Orders, Personal Safety, and Summer Safety Tips. Contact your Community Liaison Officer to discuss published general information about specific crimes or assistance in tailoring programs to address community concerns of a specific or unusual crime pattern.


Franklin County Prosecutor's Office | Franklin County, Ohio — The mission of the Office of the Franklin County Prosecuting Attorney is to professionally, effectively, and efficiently provide legal representation and advice to governmental clients and within the bounds of law and ethics aggressively prosecute criminal offenders in order to protect the citizens of Franklin County and obtain justice for victims of crime. The Franklin County Prosecutor's Office represents the people of the State of Ohio in all Franklin County felony prosecutions. Learn more about the different units in the criminal division of the office on this website.


Franklin County Prosecuting Attorney

373 S. High Street

14th Floor

Columbus, OH 43215

(614) 525-3555

Contact a Columbus Assault Defense Lawyer Today

If you were arrested for an alleged assault in Columbus, it will be in your best interest to immediately retain legal counsel. An experienced criminal defense attorney will know how to present your case to a jury and work towards the most favorable possible resolution to your case.


Sabol | Mallory has more than two decades experience with all kinds of criminal defense cases. You can have our lawyers review your case when you call (614) 300-5088 or contact us online to set up a free consultation.

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