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Breaking Down Ohio’s Assault and Battery Laws

Last week, we shared with you some of the major cases that fall under the Ohio Statute of Limitations. Today, we will break down the facts of one of the civil crimes, assault and battery.

What you need to know:

There are different types of assaults; many people think that assault is a one-sided fight. This isn’t always the case.

  • Simple assault, or misdemeanor assault, can charge someone up to 6 months in jail and $1,000 in fines as a first-degree misdemeanor. If someone recklessly caused serious physical harm to someone else or knowingly caused to harm or attempt to harm someone else, it is considered simple assault. However, someone can still be charged if the intent wasn’t to hurt anyone at all.
  • Negligent assault is considered a third-degree misdemeanor, but it is the least serious of all other assaults. Someone may be facing up to 60 days in jail with several hundred dollars in fines. If someone is charged with negligent assault, it is believed that he or she mishandled, or were negligent, with a deadly weapon that caused someone else physical harm. These cases are almost always accidental, so be sure to handle guns, hunting equipment, etc. properly and with caution at all times.
  • Felony assault is the most serious assault crime in Ohio. A second-degree felony, this charge can put someone behind bars for 2-8 years and cost up to $20,000. Causing serious harm to an unborn child or causing or attempting to cause harm to someone else with a deadly weapon falls under this crime.
  • Aggravated assault must take place under the influence of sudden passion or in a fit of rage. If someone is in this state of mind while causing harm to someone else, he or she will be charged with this type of assault. This is considered a fourth-degree felony and could place someone behind bars for 18 months-6 years with fines of $5,000.

Did you know that you could be charged with battery and assault if you were involved in a fight that you didn’t even start?   If you have further questions on these laws or have experienced what you think is an assault crime, please call contact us.

Last modified on Tuesday, October 7, 2014. Published by Friedman, Domiano & Smith Co., L.P.A.

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