Felony and Aggravated Assault in Ohio

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.)

Felonious Assault

A felonious assault is:

• knowingly causing serious physical harm to another person or an unborn child, or
• causing or attempting to cause serious harm with a deadly weapon or a firearm – referred to in the Ohio statutes as a “dangerous ordnance.”

Ohio also makes it a felony assault to engage in sex with another person when you are HIV positive:

• without informing the other of your HIV status
• when the other person lacks the mental capacity to understand the risks involved, and
• when the other person is under 18, unless the person is your spouse. (Ohio Rev. Code Ann. §2903.11.)

Felonious assault is a 2nd degree felony in Ohio, but if the victim is a law enforcement officer, it is a 1st degree felony.

Penalties for Felonious Assault in Ohio

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

• for 1st degree felony, three to eleven years in prison and a fine up to $20,000
• for 1st degree felony, if the victim was a law enforcement officer and suffered serious physical injury, three to eleven years in prison, a fine up to $20,000, and a mandatory minimum sentence of at least three years, and
• for 2nd degree felony, two to eight years in prison and a fine up to $15,000.

-If you have been arrested for a felonious assault, it is strongly recommended to consult with an attorney. Skip Potter offers a free consultation and will be happy to assist you with any charges you may be facing. Contact us now to set an appointment!

To learn more, check back with us next week for Part 2: Aggravated Assault in Ohio.