Assault & Domestic Violence Defense

In Ohio, domestic violence and assault are two different offenses.  Although, if an individual is charged with domestic violence, they are often also charged with assault.

​​​

What is Domestic Violence in Ohio?

​​

Domestic Violence in Ohio is where an individual knowingly causes (or attempts to cause) physical harm to a family or household member.  R.C. 2919.25 (A). 

 

Domestic Violence in Ohio can also occur where an individual recklessly causes serious physical harm to a family or household member.  R.C. 2919.25 (B). 

​​

Threat of Domestic Violence in Ohio is where an individual, by threat of force, knowingly causes a family or household member to believe that the offender will cause imminent physical harm to the family or household member.  R.C. 2919.25 (C). 

​

What is Assault in Ohio?​

​​

Assault in Ohio is where an individual knowingly causes (or attempts to cause) physical harm to another or to another's unborn.  R.C. 2903.13 (A).

​

Assault in Ohio can also occur where an individual recklessly causes serious physical harm to another or to another's unborn.  R.C. 2903.13 (B).

​​​​

What is Felonious Assault in Ohio?

​

Felonious Assault is an assault with a higher level of culpability whereby an individual knowingly causes serious physical harm to another or to another's unborn.  R.C. 2903.11 (A)(1). 

​

Felonious Assault may also occur where an individual causes or attempts to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.  R.C. 2903.11 (A)(2).  ​

Felonious Assault may finally occur where an individual who has tested positive as a carrier of a virus that causes Acquired Immunodeficiency Syndrome (AIDS), and then knowingly (a) engages in sexual conduct without disclosing that knowledge, (b) engages in sexual conduct with a person who the individuals knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of such positive test, or (c) engages in sexual conduct with a person under 18 years of age.  R.C. 2903.11(B)(1), (2), and (3).

​

What is different about Assault and Domestic Violence?

​​

One who commits domestic violence always commits assault, too; however, one who commits assault, may not commit domestic violence.  Also, domestic violence does not include "another's unborn" as a potential victim of the offense. 

​​

What is the penalty for Domestic Violence in Ohio? 

​

Domestic Violence is a misdemeanor of the first degree.  R.C. 2919.25 (D)(1).  However, a subsequent conviction will increase the penalties, making it a felony of the fourth degree.  R.C. 2919.25 (D)(3).  A third conviction will increase the penalty to a felony of the third degree.  R.C. 2919.25 (D)(4). 

​

Threat of Domestic Violence is a misdemeanor of the fourth degree.  R.C. 2919.25 (D)(2). 

​

What is the penalty for Assault in Ohio?

​​

Generally, Assault in Ohio is a misdemeanor of the first degree.  R.C. 2903.13(C)(1). 

​

Assault in Ohio can enhance the penalty to a felony of the fourth degree, such as if it's committed by a caretaker against a person with a functional impairment, or is against a peace officer, firefighter, or EMS worker.  R.C. 2903.13 (C)(2), (C)(5). 

​

Assault in Ohio can to enhance the penalty to a felony of the third degree, such as if it's committed on the grounds of a state correctional institution or department of youth services by an inmate against an employee of the institution.  R.C. 2903.13(C)(3).

​

Lastly, Assault in Ohio includes various forms whereby it can be a felony of the fifth degree: (a) occurring on the grounds of a local correctional facility, (b) occurring against an employee of the department of rehabilitation, department of youth services, a probation department, or (c) occurring against a school teacher, administrator, or school bus operator. R.C. 2903.13 (C)(4).  

​

Why do people make false allegations of Domestic Violence? 

​​

False allegations of domestic violence are common; however, out of pragmatism, individuals also often plead to this offense despite being innocent.

​

It is not uncommon for a family or household member to make a false allegation for the purpose of gaining an advantage in a breakup.  Even if the parties are not married, the charged party is often quickly removed from the home.  Often without even the chance to pack their clothes.

​

We're here to help, so Contact Us to plan your defense today!