Aggravated Assault

What is aggravated assault in Ohio?

• While a person is under the influence of sudden passion or in a sudden fit of rage, being brought on by serious provocation of the victim that is reasonably sufficient to incite the person into using deadly force, does any of the following:
  • Knowingly causes serious physical harm to another or to another’s unborn.
  • Knowingly causes or attempts to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance.
• You often see this as a reduction to felonious assault. It’s often that a fight is provoked by someone. If that provocation is very serious, this can be a way to try to reduce a more serious felonious assault charge.
• You will also find this when you almost have a self defense case. It often pops up when someone goes overboard on the amount of force they are allowed to use for self defense.
  • Example: You are defending yourself in a fight and you knock the aggressor out unconscious. You then keep kicking and punching the person while they are unconscious on the ground.

What level of charge can I receive for aggravated assault in Ohio?

• Aggravated assault starts as a 4th degree felony in Ohio.
• Aggravated assault can be enhanced in the following cases:
  • If the victim is a peace officer or an investigator of the bureau of criminal investigation
    • 3rd degree felony
  • If the offender pleads guilty or is convicted of a Known Pregnancy Specification
    • MANDATORY TIME
  • If the victim is a peace officer or an investigator of the bureau of criminal investigation and suffered serious physical harm
    • 3rd degree felony
    • MANDATORY TIME

Can I expunge / seal an Aggravated Assault conviction in Ohio?

• No. Aggravated Assault convictions are not eligible for an expungement / record sealing.

Will I be able to own or purchase a firearm with an aggravated assault conviction in Ohio?

• No. You cannot possess or purchase a firearm if you have an aggravated assault conviction in Ohio.
• You may be able to have your firearm rights reinstated.

Can I claim self defense for aggravated assault in Ohio?

• Yes. Self defense is a legal defense to a charge in Ohio.
• Aggravated assault already has an element of serious provocation in it. Thus, it’s likely that the victim did something to initiate the incident. You will need to hire an attorney to try to convince the prosecutor or jury of this.