Assault is a crime that deals with physical harm to another person. Depending on the circumstances, the charge can be either a misdemeanor or a felony. Both are criminal infractions that have potentially severe penalties. Below, learn more about  the four types of assault that courts recognize.

What is Assault?

Ohio law defines assault as causing or attempting to cause harm to another person—including an unborn child. It classifies battery as intentionally or negligently causing harmful physical contact.

Though these two definitions may sound identical, they are not the same. The primary distinguishing factor between assault and battery is the threat of harm versus the presence of harm. A person can receive an assault charge even without physical contact; the threat is enough. But for a battery charge, physical contact resulting in bodily injury must be present.

Types of Assault

Simple

This is the act of intentionally inflicting—or attempting to inflict—physical harm to another person. It is usually a first-degree misdemeanor, punishable by six months in jail, up to $1,000 in fines, and victim restitution.

Negligent

This charge is physical harm caused by the careless use of a weapon. It is a third-degree misdemeanor and punishable by 60 days in jail, fines up to $500, and victim restitution.

Aggravated

A serious crime, this is a fourth-degree felony, and entails considerable harm to an unborn child or causing or attempting to cause harm with a deadly weapon, while in a fit of rage or passion. It carries 18 months to six years in jail and fines of up to $5,000.

Felonious Assault

This assault involves using a deadly weapon to inflict or attempting to inflict serious physical harm to another person or an unborn child. As the name implies, this is a felony, resulting in a sentencing range between 2-3 years and 8-14 years behind bars, fines up to $20,000, and victim restitution.

Whether a felony or misdemeanor, never take assault charges lightly; always have a criminal lawyer to protect your rights and future. James F. Bogen, Attorney at Law, is here to help. With more than 17 years' experience, Attorney Bogen represents clients throughout the Cincinnati, OH, area. He offers legal services in all types of criminal cases, including assault, DUI/OVI, and juvenile delinquency. Call (513) 503-7251 to schedule a consultation. Visit the website for more information on his practice areas.