Felony and Aggravated Assault in Ohio

Felonious assault is the most serious assault offense in Ohio. If committed in a sudden fit of passion or rage, a defendant could be convicted of the lesser offense of aggravated assault. Read on to learn more about these and other assault crimes in Ohio.

What Is Felonious Assault in Ohio?

Most felonious assaults involve serious physical harm or a deadly weapon.

Defining Felonious Assault

A person commits felonious assault by knowingly:

• causing another serious physical harm, or
• causing or attempting to cause another physical harm with a deadly weapon.

Serious physical harm means any harm that carries a substantial risk of death, substantially or permanently disfigures or impairs a body part or organ, or creates substantial or prolonged pain. Examples can include gunshot or stab wounds, broken bones, severe sprains, swelling or bruising, significant lacerations and scarring, or an injury requiring surgery.

Physical harm refers to any injury, illness, or physical impairment, such as bruising, pain, or scratches.

Deadly weapons are instruments or devices capable of inflicting death, whether designed to be a weapon (such as a gun, hunting knife, or explosives) or adapted to be a weapon (such as a crowbar, hammer, or vehicle).

Examples of Felonious Assault in Ohio

Some examples of where a court upheld felonious assault convictions include:

• a defendant fired shots in a drive-by shooting spree
• the defendant brandished a large knife at a person
• a defendant pointed an unloaded gun at a police officer
• a victim suffered severe bruising to her face and body, knife cuts on her throat, and bite marks on her breast, and
• a defendant kicked a victim in the head, fracturing her skull.

It's important to note that when felonious assault involves a deadly weapon, attempting to cause physical harm suffices for a conviction.

Felonious Assault Involving Sexual Conduct With AIDS

It's also felonious assault to engage in sexual conduct as an AIDS carrier with a partner younger than 18, or with an adult partner without disclosing one's status.

(Ohio Rev. Code §§ 2903.11, 2923.11, 2929.13, 2929.14 (2024).)

What Are the Penalties for Felonious Assault in Ohio?

Felonious assault generally carries second-degree felony penalties with a minimum prison sentence of 2 to 8 years. The penalty increases to a felony of the first degree when the victim is a peace officer or BCI investigator (Bureau of Criminal Identification and Investigation). A person convicted of a first-degree felony faces a minimum of 3 to 11 years in prison with longer sentences possible.

Ohio law also imposes mandatory prison terms for certain felonious assaults. Examples include when the offender:

• causes serious physical harm to a police officer or BCI investigator
• assaults a pregnant victim (knowing of the pregnancy)
• uses an accelerant and causes serious physical harm or physical harm to a victim, or
• causes permanent disabling harm to a child younger than 10.

Use of a vehicle as a deadly weapon results in a license suspension on top of criminal penalties.

(Ohio Rev. Code §§ 2901.01, 2903.11, 2923.11 (2024).)

What Is Aggravated Assault in Ohio?

Aggravated assault is a lesser-included offense of felonious assault that results from a defendant's sudden passion or fit of rage.

Understanding Aggravated Assault Charges

The classic example of "sudden passion or rage" is the spouse who finds their partner cheating on them. If the spouse commits felonious assault in the heat of passion, the defense can ask for the jury to consider reduced charges for aggravated assault.

Not every request for aggravated assault instructions will be granted. For instance, a judge refused to allow the jury to consider aggravated assault when a defendant, who had a stormy relationship with the victim, stabbed her after she bumped her car into his.

Penalties for Aggravated Assault

Aggravated assault carries fourth-degree felony penalties, punishable by 6 to 18 months in prison. The penalty increases to a third-degree felony when the victim is a police officer or BCI investigator. Third-degree felonies carry penalties of 9 months to 3 years in prison.

(Ohio Rev. Code §§ 2903.12, 2929.14 (2024).)

Possible Defenses to Felonious Assault Charges in Ohio

A person facing felonious assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. To be successful in the defense, the defendant's use of nondeadly force must have been reasonable in light of the imminent attack. A jury must acquit a defendant if they present a valid self-defense case. (Ohio Rev. Code § 2901.05 (2024).)

Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required intent or resulting harm beyond a reasonable doubt. For example, a defendant might argue the victim's injuries didn't rise to the level of serious physical harm or that an object used in the offense wasn't a "deadly weapon." The defense could also argue the defendant's actions were accidental rather than intentional. These types of arguments could result in dismissal or reduced charges.

Alibi or wrong defendant. The defense attorney might argue the cops got the wrong person—say, for example, if the assault happened in a crowded room or a dark alley. The defendant could also present an alibi if they were somewhere else when the assault occurred. If successful, this defense could result in an acquittal.

Other Types of Assault Offenses in Ohio

Ohio law has several other assault crimes including assault, negligent assault, vehicular assault, and domestic violence by assault.

Assault. Simple assault generally refers to knowingly causing or attempting to cause another physical harm or recklessly causing another serious physical harm. A conviction means first-degree misdemeanor charges unless the defendant targets a protected victim. The law contains a number of protected victims, such as judicial employees, healthcare workers, police, and school employees. Penalties increase to felony-level offenses for assaulting such victims.

Negligent assault. A person commits this assault crime by negligently causing physical harm to another with a deadly weapon. Negligent assault is a third-degree misdemeanor.

Vehicular assault. Vehicular assault can involve reckless or impaired operation of a vehicle resulting in harm to another. Speeding violations can also result in vehicular assault charges. Penalties range from a first-degree misdemeanor to a second-degree felony depending on the circumstances of the offense and the defendant's criminal history.

Domestic violence by assault. Assaulting a family or household member can result in domestic violence charges. Learn more in Ohio Domestic Violence Laws.

(Ohio Rev. Code §§ 2903.08, 2903.13, 2903.14, 2919.25 (2024).)

Talk to a Lawyer

If you're facing charges of felonious assault—or any assault charges—contact a criminal defense attorney. A conviction can mean prison time and fines, plus a criminal record. Your attorney can help you navigate the legal system, protect your rights, and defend your case.

(Baldwin's Ohio Prac. Crim. Law § 88:1, 97:3, 97:4, 97:5, 97:6, 97:7, 97:7.50 (2024).)