Physically harming another person or another’s unborn child is considered assault in Ohio. However, an individual does not have to cause direct physical harm to another in order to be charged with assault. Ohio Revised Code (ORC) 2903.13 defines assault as “knowingly causing or attempting to cause physical harm to another or another’s unborn.” Thus, attempting to cause physical harm, but failing to actually cause physical harm, is considered assault in Ohio. Moreover, there are a number of assault offenses in Ohio that do not require direct physical harm.

Assault Offenses That Do Not Require Physical Harm in Ohio

• Felonious Assault – Pursuant to ORC 2903.11(B), if a person knows they are positive for an immunodeficiency virus, such as HIV or AIDS, and engages in sexual conduct without telling their partner of their condition, the person can be charged with felonious assault. This offense is a 2^nd degree felony.
• Menacing – If a person knowingly causes another to believe that the person will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediately family, ORC 2903.22 provides that the person can be charged with a 4^th degree misdemeanor. However, this offense can be charged as a higher degree of misdemeanor or felony under certain circumstances.
• Aggravated Menacing – ORC 2903.21 provides that no person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. This is most often charged as a 1^st degree misdemeanor. However, it can be charged as a felony under certain circumstances.
• Menace by Stalking – Pursuant to ORC 2903.211, if a person knowingly causes another to believe they will cause physical or mental harm, they can be charged with menace by stalking. Under Ohio’s assault laws, this offense will be charged as a 1^st degree misdemeanor. However, it can be charged as a felony under certain circumstances.
• Hazing – Hazing is defined under ORC 2903.31 as committing an act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person. This offense is a 4^th degree misdemeanor.
• Failing to Care for a Functionally Impaired Individual – Pursuant to ORC 2903.16, a caretaker who knowingly or recklessly fails to provide proper care to a functionally impaired individual can be charged with an assault offense. This offense can be charged as a 1^st or 2^nd degree misdemeanor, or as a 4^th degree felony.

All assault offenses, regardless of whether it is a misdemeanor or felony, should be taken seriously. Even cases that do not involve physical harm or violence can result in significant consequences, including jail.

Columbus and Delaware, Ohio Assault Attorney

Being charged with am assault offense in Columbus or Delaware, Ohio can result in significant jail time and fines. If you have been charged with an assault offense, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson will discuss your case and help you present the strongest defense possible. Call (614) 987-0192 or send an email to speak with Attorney David Johnson.