What is felonious assault in Ohio?

When people hear the term “assault,” they usually think of a physical fight or an attack that leaves the victim with a visible injury. But under Ohio law, not all assaults are treated equally. The law distinguishes between what is called a “simple” assault and a felonious assault.

Of the two, felony assault is a far more serious offense – with penalties to match. If you are facing charges of felonious assault, it’s important to understand how the term is defined and the potential consequences of a conviction.

Ohio Revised Code Section 2903.11 controls the charge

Ohio’s law is very specific about what constitutes felonious assault. You may be charged with this elevated type of assault if you:

• Knowingly cause serious physical harm to another person or another person’s unborn child
• Use a deadly weapon or dangerous ordnance to either cause or attempt to cause physical harm to another or another’s unborn child
• Know that you are HIV+ and engage in sexual conduct with any person without disclosing that fact to them or with any minor under 18 years of age who is not your spouse, regardless of disclosure

In a more nuanced situation, you can also be charged with felonious assault if you know that you are HIV+ and engage in sexual conduct with someone after revealing that fact, when the other party lacks the mental capacity to understand the significance of what you have revealed.

The details of each situation are what matter the most

Sometimes, the difference between assault and felony-level assault can be difficult to understand, since the charge focuses heavily on what a defendant knew or intended, the degree of harm or potential for harm to the victim and the use of a weapon.

Ohio law defines a deadly weapon as anything capable of killing someone and specifically meant to be used as a weapon, either by adaptation or design. A “dangerous ordnance” is generally some item or weapon that is restricted from ownership or use by law, such as explosive devices and sawed-off shotguns. Because the definition of a deadly weapon is so broad, almost anything you grab in a fight could fall into that category.

Serious physical harm is also distinguished in the law from other injuries by the fact that it involves a substantial risk of death to the victim, could either leave the victim with permanent injuries or cause acute and prolonged suffering.

Because the wording of these definitions is so all-encompassing, prosecutors will often call anything – including a vehicle or a random object grabbed in a fight – a “deadly weapon.” In addition, while you can generally expect to be charged with felonious assault when the other party is badly hurt, it’s important to realize that the mere potential for serious harm – including psychological harm – is enough to elevate a simple assault to a felony.

The penalties for felonious assault in Ohio are severe

Felonious assault is most often charged as a second-degree felony, with a conviction having the potential for two to eight years in prison and fines up to $15,000. The charge becomes a first-degree felony, however, when the victim is a member of law enforcement or a first responder. That can result in a sentence of five to 11 years in prison and a fine of $20,000.

In addition to the above consequences, conviction can affect your ability to find employment, go to college, find housing and own firearms for the rest of your life. When the stakes are high, you want a skilled criminal defense attorney on your side so that the prosecution’s case can be challenged from every possible angle. Rittgers Rittgers & Nakajima has had success in numerous jury trials related to felonious assault accusations where we saved our client’s future with great outcomes.