Causing or attempting to cause harm to another person or to an unborn child is an assault in Ohio. (Ohio Rev. Code Ann. §2903.13.)

Aggravated Assault

Aggravated assault occurs when an offender is in an extreme emotional state or sudden rage as he commits the offense, and the emotional state was provoked somehow by the victim. The crime may be charged when:

• the offender causes serious physical harm to the victim or the victim’s unborn child, or
• the offender causes or attempts to cause harm to the victim or the victim’s unborn child with a deadly weapon or firearm. (Ohio Rev. Code Ann. §2903.12.)

Aggravated assault is a 4th degree felony in Ohio, but if the victim is a law enforcement officer, it is a 2nd degree felony.

Penalties for Aggravated Assault in Ohio

A person convicted of aggravated assault faces the following possible basic penalties:

• for 3rd degree felony, nine months to three years in prison and a fine up to $10,000
• for 3rd degree felony, if the victim was a law enforcement officer and suffered serious physical injury, nine months to three years in prison, a fine up to $10,000, and a mandatory minimum sentence of at least three years, and
• for 4th degree felony, six to eighteen months in prison and a fine up to $5000.