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Assault

A person can be charged with assault in Ohio even if he or she did not have any physical contact with an alleged victim. Some individuals can be charged with assault as the result of harm that was accidentally caused.

Assault can be a misdemeanor or felony offense in Ohio, depending on certain factors. Convictions not only might result in possible incarceration and fines, but having these types of crimes on criminal records can also cause numerous long-term hardships for alleged offenders when they are seeking employment, housing, or professional licensing.

Lawyer for Assault Arrests in Cincinnati, OH

Were you recently arrested anywhere in Hamilton County for an alleged assault? You should exercise your right to remain silent until you have contacted Joslyn Law Firm.

Brian Joslyn is an experienced criminal defense attorney in Cincinnati who represents clients accused of violent crimes in Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, Harrison, and many surrounding areas of southwest Ohio. You can have our lawyer provide an honest and thorough evaluation of your case as soon as you call (513) 399-6289 to schedule a free initial consultation.


Overview of Assault Crimes in Ohio


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Assault Penalties in Hamilton County

Ohio Revised Code § 2909.13 establishes that a person commits assault if he or she recklessly causes serious physical harm to another person or to another person's unborn, or knowingly causes or attempts to cause physical harm to another person or to another person's unborn. So-called “simple assault” is generally a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000.

Assault is also a first-degree misdemeanor if:

  • The alleged victim of the alleged offense was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the alleged offender knew or had reasonable cause to know was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital, the alleged victim was engaged in the performance of the alleged victim's duties, the hospital offers de-escalation or crisis intervention training for such professionals, workers, or officers, and the alleged offender has not been previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel; or
  • The victim of the alleged offense was a judge, magistrate, prosecutor, or court official or employee whom the alleged offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, the alleged victim was engaged in the performance of the alleged victim's duties, and the alleged offender has not been previously convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel.

Assault is a fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500 if the offense is committed in any of the following circumstances:

  • The alleged offense occurred in or on the grounds of a local correctional facility, the alleged victim of the offense was an employee of the local correctional facility or a probation department or was on the premises of the facility for business purposes or as a visitor, and the alleged offense was committed by a person who was under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person's being charged with or convicted of any crime, or subsequent to the person's being alleged to be or adjudicated a delinquent child;
  • The alleged offense occurred off the grounds of a state correctional institution and off the grounds of an institution of the department of youth services, the alleged victim of the alleged offense was an employee of the department of rehabilitation and correction, the department of youth services, or a probation department, the alleged offense occurred during the employee's official work hours and while the employee was engaged in official work responsibilities, and the alleged offense was committed by a person incarcerated in a state correctional institution or institutionalized in the department of youth services who temporarily was outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an alleged offender under any other type of supervision by a government agency;
  • The alleged offense occurred off the grounds of a local correctional facility, the alleged victim of the offense was an employee of the local correctional facility or a probation department, the alleged offense occurred during the employee's official work hours and while the employee was engaged in official work responsibilities, and the alleged offense was committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily was outside of the facility for any purpose or by a parolee, by an alleged offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an alleged offender under any other type of supervision by a government agency;
  • The alleged victim of the alleged offense was a school teacher or administrator or a school bus operator, and the alleged offense occurred in a school, on school premises, in a school building, on a school bus, or while the alleged victim was outside of school premises or a school bus and was engaged in duties or official responsibilities associated with the alleged victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises;
  • The alleged victim of the alleged offense was an officer or employee of a public children services agency or a private child placing agency and the offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, and the alleged offender has not been previously convicted of or pleaded guilty to an offense of violence in which the victim of was an officer or employee of a public children services agency or private child placing agency;
  • The alleged victim of the alleged offense was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the alleged offender knew or had reasonable cause to know was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital, the alleged victim was engaged in the performance of the alleged victim's duties, the hospital offers de-escalation or crisis intervention training for such professionals, workers, or officers, and the alleged offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel; or
  • The victim of the alleged offense was a judge, magistrate, prosecutor, or court official or employee whom the alleged offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, the alleged victim was engaged in the performance of the alleged victim's duties, and the alleged offender has been previously convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel.

Assault is a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000 if:

  • The alleged offense is committed by a caretaker against a functionally impaired person under the caretaker's care;
  • The alleged victim of the alleged offense was a peace officer or an investigator of the bureau of criminal identification and investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties;
  • The alleged victim of the offense was a peace officer or an investigator of the bureau of criminal identification and investigation and the alleged victim suffered serious physical harm as a result of the commission of the offense (convictions are punishable by a mandatory minimum of 12 months in prison); or
  • The alleged victim of the alleged offense was 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, the alleged offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties.

Assault is a third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000 if:

  • The alleged offense was committed by a caretaker against a functionally impaired person under the caretaker's care, the alleged offender has been previously convicted of or pleaded guilty to assault, felonious assault, or failing to provide for a functionally impaired person, and in relation to the previous conviction the alleged offender was a caretaker and the victim was a functionally impaired person under the alleged offender's care; or
  • The alleged offense occurred in or on the grounds of a state correctional institution or an institution of the department of youth services, the alleged victim of the offense was an employee of the department of rehabilitation and correction or the department of youth services, and the offense was committed by a person incarcerated in the state correctional institution or by a person institutionalized in the department of youth services institution pursuant to a commitment to the department of youth services.

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Negligent Assault Penalties in Cincinnati

An alleged offender can be charged with negligent assault if he or she negligently, by means of a deadly weapon or dangerous ordnance, causes physical harm to another or to another's unborn. Negligent assault is a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500.

Ohio Revised Code § 2923.11(A) defines a deadly weapon as “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.” Under Ohio Revised Code § 2923.11(K) a dangerous ordnance is defined as any of the following:

  • 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.

A dangerous ordnance, however, does not include any of the following:

  • Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
  • Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;
  • Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
  • Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition; or
  • Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

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Ohio Resources for Assault Offenses

Victim Services | Hamilton County Prosecuting Office — The Victim & Witness Advocate Program of the Hamilton County Prosecuting Attorney’s Office works with victims and witnesses to keep them advised of the criminal law process and the status of their cases. Visit this website to download a booklet designed for children going to court. You can find the contact information for Victim Services and view answers to frequently asked questions.

Hamilton County Prosecutor’s Office
230 E. Ninth Street
Suite 4000
Cincinnati, Ohio 45202
(513) 946-3000

Ohio Attorney General | Apply for Victims Compensation — Ohio’s Victim of Crime Compensation program reimburses crime victims and others who incur specific expenses as the result of crimes of violence, such as assault. On this section of the attorney general’s website, you can learn how to apply for victims compensation. Learn who is eligible and what payments can cover.


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Joslyn Law Firm | Cincinnati Assault Defense Attorney

If you were arrested for an alleged assault in Hamilton County, it will be in your best interest to not say anything to authorities until you have legal counsel. Joslyn Law Firm aggressively defends residents and visitors charged with these crimes in communities throughout southwest Ohio, including Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami, Montgomery, and many others.

Cincinnati criminal defense lawyer Brian Joslyn will work to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. Call (513) 399-6289 or complete an online contact form to have our attorney review your case and help you understand all of your legal options during a free initial consultation.


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