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A shove. A punch thrown in the middle of a bar fight. Most people would call that a battery. Ohio law may call it something else. If you're researching assault vs battery because you've been arrested or are worried that charges may be filed. Ohio doesn't have a standalone battery offense, and what happened during those few seconds could lead to serious assault charges with consequences that follow you long after the case is over.
People often assume that assault and battery are separate criminal offenses. This understanding is partly from Hollywood movies and TV shows. It also comes from some states still recognizing them as separate offenses. Traditionally, assault is when one person creates a fear of imminent harmful contact. Battery is the actual unwanted physical contact. For example, someone raises their fist to punch another person. The act of swinging their arm is the assault, while the fist contacting the other person is the battery.
Ohio’s criminal laws do not have separate definitions and criminal offenses for assault and battery. The same set of criminal laws covers both actions. Ohio’s statute prohibits someone from knowingly causing or attempting to cause physical harm to someone else. It also prohibits recklessly causing serious physical harm to another. The difference between assault and battery comes down to the severity of the charges someone faces.
Ohio's assault laws cover a wide range of conduct, from relatively minor physical altercations to incidents involving life-changing injuries. If you've been accused of assault, one of the first questions you should ask is, "What type of assault charge am I facing?"
One of the most common factors is the extent of the victim's injuries. The more serious the alleged harm, the more likely prosecutors are to pursue felony charges. The use of a deadly weapon can also elevate an assault case from a misdemeanor to a felony.
Simple assault is generally considered the least severe and often involves knowingly or recklessly causing harm without a weapon. Negligent assault focuses on careless conduct involving a deadly weapon, such as an accidental firearm discharge. Vehicular assault typically involves serious injuries caused by reckless or impaired driving.
More serious allegations can result in felony charges. Felonious assault usually involves significant injuries or the use of a deadly weapon. Aggravated assault often involves similar conduct but occurs under circumstances involving serious provocation, often referred to as the “heat of passion”.
Under Ohio’s legal definition of assault, a broad range of actions could potentially lead to criminal charges. Charges could stem from an altercation in a bar. A verbal fight could escalate to the point where one person hits the other. Criminal charges could be the outcome of a domestic dispute. A physical altercation could occur between housemates or romantic partners. In this situation, additional domestic violence charges could also apply.
Physical contact doesn’t have to take place for assault charges to be filed. Simply swinging and missing or attempting to strike another person could result in criminal charges.
The consequences for an assault conviction can vary greatly based on the specific charges and the facts of the case. A person’s criminal history can also be a factor in the penalties someone is given. Negligent assault has the least harsh penalties of up to 60 days in jail and fines up to $500.
A simple assault that doesn’t involve a deadly weapon and no serious injuries can result in up to 180 days (6 months) in jail, up to $1,000 in fines, probation for up to 5 years, and mandatory anger management or counseling. If the victim has medical bills, the convicted may be required to pay those bills as restitution.
For first-time offenders, there could be the possibility of negotiating an alternative punishment. A criminal defense attorney could argue for a diversion program or only probation instead of jail time. Depending on the facts, they may be able to argue for reducing the charges to a lesser crime, such as disorderly conduct. However, leniency is never guaranteed.
A step up in penalties is aggravated assault convictions. As a fourth-degree felony, convictions can result in six to 18 months in prison and fines up to $5,000.
Felony convictions typically result in the harshest of punishments. Convicted individuals could face two to eight years in prison, fines up to $15,000, and mandatory parole. If the victim is a police officer, peace officer, or belongs to another protected class, these penalties increase to 3 to 11 years in prison and up to $20,000 in fines.
The impact of an assault conviction is far-reaching than the criminal penalties. Once convicted, there is a permanent criminal record that will appear on every background check for the rest of your life. This can impact rental housing approvals, as landlords may reject an applicant with an assault conviction. Some licensed professionals face disciplinary action or license revocation. Nurses, teachers, and lawyers are some professionals who are held accountable for their actions and may face professional consequences.
A felony assault conviction will permanently take away someone’s right to own or possess a firearm.
Beyond the criminal legal process, there may also be civil legal consequences. The victim of the assault could file a civil claim for medical bills, lost wages, and pain and suffering. This can lead to financial struggles.
While many people think of assault and battery as separate crimes, Ohio law approaches these offenses differently. Understanding the distinction can help you make sense of the charges you face and avoid costly mistakes early in the criminal justice process. At Wesley Buchanan, Esq., we understand that good people can find themselves facing serious criminal accusations. Our team is committed to providing strategic, aggressive representation.
Contact us today to learn how we can help you fight assault charges and protect your rights.
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