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Criminal Defense

What Are the Penalties for Assault and Battery in Ohio?

By December 20, 2023April 8th, 2024No Comments

If you or a loved one is suddenly facing assault and battery charges in Ohio, you’re probably grappling with a whirlwind of emotions. In these challenging moments, it’s crucial to understand that you’re not alone and help is available.

Our dedicated defense attorneys at Hiltner Trial Lawyers are committed to standing with you, offering you the guidance and legal representation you need during this difficult time. In this blog, we’re going to take a look at what assault and battery means under Ohio law, and what kind of penalties you may be facing for conviction.

What is Assault and Battery in Ohio?

Like most other states, charges of assault and battery in Ohio come with the potential for some pretty steep penalties. This makes it essential to understand what exactly assault and battery are in the eyes of the Ohio Revised Code.

Assault, typically, involves the intentional act of causing physical harm to another person or an unborn child. It might also involve the threat of immediate physical harm.

Battery, on the other hand, is often considered a complete assault. It implies intentional and unlawful physical contact or harm to another person. However, it’s important to note that Ohio law usually encompasses battery under the general term of assault.

Types of Assault and Battery Offenses in Ohio

There are 4 basic types of assault & battery offenses in Ohio, with each one carrying specific and unique penalties for convictions.

  • Simple Assault: Simple assault involves intentionally physically harming or attempting to harm another individual, or causing serious harm through reckless action.
  • Aggravated Assault: Aggravated assault is when an individual causes serious harm to another, during a fit of rage or passion, brought on by serious provocation.
  • Felonious Assault: This type of assault is when an individual intentionally causes serious physical harm to another individual, with a deadly weapon.
  • Negligent Assault: Negligent assault is causing physical harm to another individual through the negligent handling or use of a deadly weapon.

Each of these offenses carries legal penalties unique to the charges and circumstances. To make sure you have the best chance of protecting your rights, ensure that you have a dedicated Ohio defense attorney on your side, no matter what type of charges you’re facing.

Penalties for Assault & Battery in Ohio

The penalties for assault and battery offenses in Ohio vary based on the severity of the crime.

Below are the penalties for the 4 primary types of assault and battery offenses:

  • Simple Assault: It is a first-degree misdemeanor punishable by up to 180 days in jail and fines up to $1,000.
  • Aggravated Assault: This is typically a fourth-degree felony that can carry a prison sentence of up to 18 months and fines of up to $5,000.
  • Felonious Assault: As a second-degree felony, it can result in a prison term of 2 to 8 years and fines up to $15,000.
  • Negligent Assault: This is a third-degree misdemeanor, carrying penalties of up to 60 days in jail and fines up to $500.

The actual penalties handed down by the judge or the court can be influenced by various factors, such as prior convictions, circumstances of the case, and the skill of your legal representation.

Contact Hiltner Trial Lawyers if You’re Facing Assault and Battery Charges in Ohio

Facing assault and battery charges can be stressful and have severe consequences, but by working with the right legal team, you stand the best chance at getting a favorable outcome for your case. The Hiltner Trial Lawyers can provide the support, counsel, and legal defense necessary to build a strong defense, and we stand ready to fight for your rights at every turn. Contact us today to get started with your case evaluation.

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