Assault

How can I be charged with assault in Ohio?

You can be charged with assault in Ohio if you do either of the following:

1. Knowingly cause or attempt to cause physical harm to another person or another person’s unborn
2. Recklessly cause serious physical harm to another person or another person’s unborn

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

• An assault charge in Ohio can range from a 1st degree misdemeanor to a 3rd degree felony.
  • If you violate section 1 or 2 from the section above
    • 1st degree misdemeanor
  • If the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care
    • 4th degree felony
    • 3rd degree felony if the offender has a prior assault conviction as a caretaker against a functionally impaired person
  • If you are an incarcerated person and commit the offense inside a state correctional institution (prison) and the victim is an employee of the correctional institution
    • 3rd degree felony
  • If you are an incarcerated person and commit the offense inside a local correctional institution (jail) and the victim is an employee of the correctional institution
    • 4th degree felony
  • If you are an incarcerated person and commit the offense off the grounds of a state or local correctional institution (prison or jail) and the victim is an employee of the correctional institution
    • 4th degree felony
  • If you commit the offense on school grounds (includes school bus) and the victim is a teacher, administrator, or school bus operator
    • 4th degree felony
  • If you commit the offense off school grounds and the victim is a teacher, administrator, or school bus operator working in official school capacity
    • 4th degree felony
  • If the victim is a peace officer, investigator for the bureau of criminal investigation, a firefighter, or a person performing emergency medical service while in the performance of their official duties
    • 4th degree felony
  • If the victim is a peace officer or an investigator for the bureau of criminal investigation and suffered serious physical harm
    • 4th degree felony
    • MANDATORY TIME OF AT LEAST 12 MONTHS
  • If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties
    • 5th degree felony
    • 4th degree felony if prior conviction of this subsection
  • If the victim is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital and the offender knows or has reasonable cause to know that, and if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers, or officers
    • 1st degree misdemeanor. MAX FINE OF $5000
    • 5th degree felony if previously convicted of this subsection
  • If the victim is a judge, magistrate, prosecutor, or court official or employee and the offender knows or has reasonable cause to know this, and the victim is engaged in the performance of the victim’s duties
    • 1st degree misdemeanor. MAX FINE OF $5000
    • 5th degree felony if previously convicted of this subsection
  • If the offender knew the victim was pregnant at the time of the offense and was also charged with a Pregnancy Known Specification
    • MANDATORY TIME

What is the definition of physical harm in Ohio?

Physical harm is any injury, illness, or other physiological impairment, regardless of its gravity or duration.

• It does not matter the severity of an injury. Any very minor injury is considered physical harm.

What is the definition of serious physical harm in Ohio?

Serious physical harm in Ohio is any of the following:

• Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment
• Any physical harm that carries a substantial risk of death
• Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity
• Any physical harm that involves some permanent disfigurement or that involves some temporary serious disfigurement
• Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain

Permanent disfigurements are very broad. A scar can potentially be considered a permanent disfigurement in Ohio.

Can an assault charge be expunged/sealed in Ohio?

• A 1st degree misdemeanor can potentially be expunged/sealed in Ohio.
  • It will depend on the person’s prior record
• A felony offense of assault cannot be expunged/sealed.

Will an assault charge prevent me from owning or purchasing a firearm in Ohio?

• A misdemeanor assault charge will not prevent you from purchasing or owning a gun in Ohio.
• A felony assault charge will place you under a weapons disability in Ohio. Therefore, you will not be able to have or purchase a firearm in Ohio if you have a felony assault conviction.

Can I claim self defense for an assault charge in Ohio?

• Yes. Self defense is a legal defense to a charge in Ohio.
• See self defense page.