General Legal Principles

It is common in our lexicon to say that a person was charged with “assault and battery.” However, what do those terms actually mean, are they different, and can one occur without the other? Before any discussion can take place, let’s first understand what these the two terms generally mean. Assault occurs if a person attempts to commit a battery or intentionally places another in apprehension of imminent bodily harm. Battery, by contrast, is generally defined as the unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching.

Upon reading these two definitions, it appears that they describe very similar, if not the same, conduct. Both deal with the harming of another, but there are subtle differences. First, assault is both a specific-intent and general-intent crime. Battery, however, is only a general-intent crime. So, what do these terms mean? Specific-intent requires that the defendant possess a subjective desire, specific objective, or knowledge to accomplish a prohibited result. General-intent requires only the intent to perform an act that is unlawful. Thus, general-intent includes not only intentional, but also negligent conduct. Second, assault can occur absent physical contact, while a person must actually touch the victim (or something attached to the victim) for a battery to occur.

Let’s put these rules into context to better understand them. If a person swings a bat at a person and misses, no battery has occurred because there has not been an unlawful application of force that causes bodily harm. However, there has been an assault because the person swinging the bat attempted to commit a battery. Moreover, the person swinging the bat has placed the victim in apprehension of imminent bodily harm. If the person swinging the bat actually hit the victim, the person would be guilty of assault and battery.

Ohio Assault Law

Now that we have a firm grasp of the general legal principles, let’s look at Ohio specifically. Ohio has statutorily abolished the crime of battery. Instead, Ohio’s assault statute encompasses battery. Therefore, under Ohio law, a person cannot be charged with assault and battery. In addition, assault has a different definition under Ohio law. Assault, pursuant to Ohio Revised Code (ORC) 2903.13, occurs if a person “knowingly causes or attempts to cause physical harm to another or another’s unborn child” or “recklessly causes serious physical harm to another or another’s unborn child.”

Looking at the example given above, under Ohio law the person swinging the bat would only be guilty of assault. While discussed in a moment, if the person swinging the bat did serious bodily harm to the victim, the person would be guilty of felonious assault. If the person swung the bat in a sudden rage brought on by serious provocation by the victim, the person would be guilty aggravated assault. If the person threw the bat across the room and hit the victim, and did so without the intent to hit the victim, the person could be charged with negligent assault.

In addition to abolishing battery and changing the definition of assault, Ohio has not adopted the intent language outlined above. Instead, Ohio has adopted the Model Penal Code, which has the following terms describing intent: “purposely,” “knowingly,” “recklessly,” and “negligently.” “Purposely” is the Ohio and Model Penal Code term for specific-intent. “Knowingly,” “recklessly,” and “negligently” under Ohio law and the Model Penal Code are terms for general-intent.

Types of Assault in Ohio

Assault comes in five different varieties under Ohio law. A person can be charged with assault, felonious assault, aggravated assault, negligent assault and domestic violence. Since we have already defined assault above, let’s discuss the other four types in turn. Felonious assault, pursuant to ORC 2903.11, is knowingly causing serious physical harm to another or another’s unborn child, or causing or attempting to cause physical harm to another or another’s unborn child by means of a deadly weapon.

A person commits aggravated assault if he knowingly commits felonious assault while under sudden passion or fit of rage brought about by serious provocation by the victim that is reasonably sufficient to incite a person into using deadly force. ORC 2903.12. Negligent assault is negligently causing physical harm to another or another’s unborn child by means of a deadly weapon. ORC 2903.14.

Finally, Ohio recognizes domestic violence as a specific assault offense. A person commits domestic violence when he knowingly causes, or attempts to cause, physical harm to a family member, recklessly causes serious physical harm to a family member, or uses force or threat of force to cause a family member to believe the person will cause imminent physical harm to the member. ORC 2919.25.

Now you should have a clear understanding of what assault and battery mean generally and under Ohio law, that they are different types of conduct, and that one can occur without the other. Therefore, when someone says that a person was charged with “assault and battery” in Ohio, you will know what those terms mean, how the differ, and that it is not possible in Ohio.

This article should not be taken as legal advice and does not create an attorney-client relationship. For a detailed discussion on assault, please contact an attorney. If you have been charged with assault in Columbus or Delaware, Ohio, call (614) 987-0192 and speak with attorney David Johnson at Johnson Legal, LLC.

Columbus and Delaware, Ohio Criminal Defense Lawyer

If you have been charged with a criminal offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your criminal offense case.