Fact-Checked: Why Trust Rittgers Rittgers & Nakajima When people hear the words “assault” and “battery,” they often assume they mean the same thing. In reality, these are distinct legal concepts—and the difference between them can significantly affect how a case is charged or defended. Ohio law approaches these offenses in a way that sometimes surprises people: while other states treat assault and battery as separate crimes, Ohio combines them under its assault statutes.
Understanding how Ohio defines these terms helps you know what actions could result in criminal charges, and why something as simple as a shove, a threat, or even spitting on someone might carry serious legal consequences.
What is an assault?
Assault doesn’t require any actual physical contact. It is enough if someone merely knowingly or recklessly causes (or tries to cause) someone else physical harm – or even puts another person in reasonable fear of immediate harm via their actions. Examples of assault include:
- Raising a fist and taking a swing at someone, even if the punch never lands
- Pointing a gun (even if it is unloaded) at another person, to make them afraid
- Driving aggressively toward a pedestrian in the street, forcing them to jump out of the way
It’s important to understand, however, that the threat has to be credible (“reasonable”) to be considered assault. For example, if someone points a banana at someone and makes “pew-pew” noises, that’s not likely to be something that causes a reasonable fear of danger in the way it would if someone did the same thing with an actual gun.
What is a battery?
A battery is generally defined as some unwanted physical contact from one person to another. Examples of what might traditionally be considered a battery include things like:
- Poking someone in the chest during a heated argument
- Spitting on someone in anger to insult them
- Pouring a drink on someone’s head or clothing
- Knocking someone’s phone out of their hand to stop them from filming you
It’s important to recognize that battery can occur even if the alleged victim is not injured and their property is not damaged as a result.
How does Ohio handle assault and battery charges?
Ohio is somewhat unique in that it doesn’t treat assault and battery as separate offenses, but covers both actions under the same set of laws. What might traditionally be called “battery” in other states is simply charged under assault statutes in this state. The charges you may face will simply vary in severity according to the underlying specifics.
Assault charges in Ohio are generally broken down in the following ways:
- Simple assault: Knowingly or recklessly causing (or attempting to cause) harm without a weapon. This is usually a first-degree misdemeanor, punishable by up to six months in jail and a $1,000 fine.
- Negligent assault: Causing harm by handling a weapon carelessly, such as accidentally discharging a firearm. This is usually a third-degree misdemeanor.
- Vehicular assault: Causing serious harm while driving recklessly or under the influence of drugs or alcohol. This is usually treated as a felony, with potential prison time.
- Felonious assault: Causing serious injury or using a deadly weapon. This is likely to be charged as a felony with harsh penalties, including years in prison.
- Aggravated assault: Similar to felonious assault, but committed in the “heat of passion” or against certain protected victims. This is still usually charged as a felony.
Whatever the specifics of your situation, if you’re facing assault charges, you need experienced legal guidance in your corner. The faster you act, the more likely you are to achieve a positive outcome in your case.