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Domestic Assault / Battery

Assault and battery are terms that are often used synonymously, although they are usually distinct crimes. In the state of Ohio, the assault statute does actually encompass offenses that would normally constitute battery.

A crime of assault or battery becomes domestic assault or domestic battery when the alleged victim is a family or household member. The definition of assault is largely similar to the definition of domestic violence, and a person who is convicted of this offense can face a variety of severe immediate and long-term consequences.

Lawyer for Domestic Assault and Battery Arrests in Cincinnati, OH

If you were arrested in Hamilton County for alleged assault or battery against a family or household member, you should not say anything to authorities without legal representation. Contact Joslyn Law Firm as soon as possible for help possibly getting the criminal charges reduced or dismissed.

Cincinnati criminal defense attorney Brian Joslyn aggressively defends clients accused of domestic violence offenses all over southwestern Ohio, including Norwood, Blue Ash, Reading, Harrison, Miamitown, Colerain, Green, Miami, Symmes, and many other surrounding areas. You can have our lawyers your review case and discuss your legal options as soon as you call (513) 399-6289 to take advantage of a free, confidential consultation.


Ohio Domestic Assault and Battery Information Center


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Domestic Assault Charges in Hamilton County

Just as a person can be charged with domestic violence under Ohio Revised Code § 2919.25 if he or she knowingly causes or attempts to cause physical harm to a family or household member, or recklessly causes serious physical harm to a family or household member, an alleged offender can be arrested for assault under Ohio Revised Code § 2903.13 if he or she knowingly causes or attempts to cause physical harm to another person or another person’s unborn, or recklessly causes serious physical harm to a another person or another person’s unborn.

The four different types of domestic assault crimes that a person can be charged with in Cincinnati are the same as the assault offenses committed against alleged victims who are not family or household members:

  • Negligent Assault — If an alleged offender negligently, by means of a deadly weapon or dangerous ordnance—defined in Ohio Revised Code § 2923.11(K) as any automatic or sawed-off firearm, zip-gun, or ballistic knife; any explosive device or incendiary device; nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions; any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon; any firearm muffler or suppressor; or any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance—causes physical harm to a family or household member or to a family or household member’s unborn, it is a third-degree misdemeanor.
  • Simple Assault — Any statutory violation of Ohio Revised Code § 2903.13 is generally classified as a first-degree misdemeanor.
  • Aggravated Assault — If an alleged offender, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the alleged victim that is reasonably sufficient to incite the alleged offender into using deadly force, knowingly causes serious physical harm to a family or household member or to a family or household member’s unborn, or causes or attempts to cause physical harm to a family or household member or to a family or household member’s unborn by means of a deadly weapon or dangerous ordnance, it is a fourth-degree felony.
  • Felonious Assault — If an alleged offender knowingly causes serious physical harm to a family or household member or to a family or household member’s unborn, or causes or attempts to cause physical harm to a family or household member or to a family or household member’s unborn by means of a deadly weapon or dangerous ordnance, it is a second-degree felony.

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Domestic Assault Penalties in Cincinnati

The sentence that an alleged offender receives if convicted of domestic assault or battery depends on the grade of the crime that he or she was charged with. The statutory maximums in such cases are as follows:

  • Third-Degree Misdemeanor — Up to 60 days in jail and/or a fine of up to $500;
  • First-Degree Misdemeanor — Up to 180 days in jail and/or a fine of up to $1,000;
  • Fourth-Degree Felony — Up to 18 months in prison and/or a fine of up to $5,000;
  • Second-Degree Felony — Up to eight years in prison and/or a fine of up to $15,000.

Even after an alleged offender completes any jail or prison sentence and pays any fines, that person may still face several long-term consequences that can potentially create an entire lifetime of various hardships.


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Ohio Domestic Assault and Battery Resources

Domestic Violence Victim Advocates | City of Cincinnati — The City Prosecutor’s Office in Cincinnati has two Domestic Violence Victim Advocates who serve as liaisons to domestic violence victims with cases being prosecuted by the office. The Advocates help reduce the stress, fear, alienation, and confusion victims sometimes experience as they navigate through the criminal justice system by providing information and notification of court proceedings, facilitating communication with prosecutors, and offering advocacy, support, and referral to the victims.

Cincinnati City Prosecutor’s Office
801 Plum St # 226
Cincinnati, OH 45202
(513) 352-5333

Domestic Violence in Ohio | National Coalition Against Domestic Violence (NCADV) — The NCADV is a global 501(c)(3) nonprofit organization that considers itself “the voice of victims and survivors.” Its mission is to be “the catalyst for changing society to have zero tolerance for domestic violence” by “effecting public policy, increasing understanding of the impact of domestic violence, and providing programs and education that drive that change.” This NCADV document defines domestic violence in Ohio, provides statistics, and also lists various domestic violence programs in the Buckeye State.


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Joslyn Law Firm | Cincinnati Domestic Assault / Battery Lawyer

Were you recently arrested in Hamilton County for an alleged domestic assault or domestic battery offense committed against a family or household member? It is in your best interest to contact Joslyn Law Firm before you make any kind of statement to authorities.

Brian Joslyn is an experienced criminal defense attorney in Cincinnati who also represents clients in Forest Park, Springdale, Montgomery, Bridgetown, Anderson, Delhi, Harrison, Springfield, Sycamore, and several other nearby communities in southwest Ohio. Call (513) 399-6289 or submit an online contact form today to schedule a free initial consultation that will let our lawyers provide an honest and thorough evaluation of your case.


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