What Is the Difference Between Assault and Felonious Assault in Ohio?

In Ohio, the criminal law classifies assault crimes as either assault or felonious assault. Assault typically covers crimes that result in less severe injuries to victims, whereas felonious assault involves crimes that cause severe injuries to victims. Understanding the difference between assault and felonious assault under Ohio law can help you prepare an effective defense after getting charged with a crime.

Definition of Assault in Ohio

Under Ohio’s assault statute, a person commits a crime when they either:

• Knowingly cause or attempt to cause harm to another person or their unborn child or
• Recklessly cause severe injury to another person or their unborn child

By default, Ohio grades assault as a first-degree misdemeanor. However, various aggravating circumstances can elevate the grading of an assault offense to a fifth-, fourth-, or third-degree felony.

Definition of Felonious Assault in Ohio

In Ohio, a person commits felonious assault when they knowingly cause severe injury to another person or their unborn child or cause or attempt to cause harm to another person or their unborn child with a deadly weapon or dangerous ordinance. A person also commits felonious assault if they have tested positive for HIV and knowingly engage in sexual conduct without another person without disclosing their status, engage in sexual conduct with an individual the person knows or has reason to know lacks the mental capacity to understand the significance of the person’s HIV status, or engage in sexual conduct with a person under 18 who is not the person’s spouse. 

Ohio grades felonious assault as a second-degree felony unless the victim of the assault is a peace officer or law enforcement investigator, in which case the offense becomes a first-degree felony.

Differences Between Assault and Felonious Assault

The differences between assault and felonious assault offenses primarily focus on the defendant’s mental culpability, the severity of the harm, and the use of weapons in committing the assault. A person can commit assault by knowingly causing injury, no matter how minor, or recklessly causing severe injury. Conversely, a person commits felonious assault by knowingly causing severe injury or causing injury of any severity. A person also commits felonious assault if they injure someone by using a weapon or destructive device.

Defenses to Assault and Felonious Assault

People charged with assault or felonious assault may have various defenses to their charges, such as:

• Self-defense: A defendant may claim they used force to prevent the alleged victim from causing imminent injury to themselves, third parties, or the defendant’s property.
• Mistaken identity or alibi: Defendants may claim that a victim or eyewitness has mistakenly identified them as the assailant or present alibi evidence showing they were elsewhere when the assault occurred.
• Unlawfully obtained evidence or statements: A defendant may file motions to exclude evidence from the prosecution’s case because law enforcement investigators obtained it through an unlawful search or an interrogation that violated the defendant’s rights.

Contact a Criminal Defense Lawyer

If prosecutors in Ohio charge you with assault or felonious assault, you need experienced legal advocacy to protect your rights and interests. Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation with our Ohio assault defense team to understand Ohio’s assault and felonious assault statutes and to discuss your options for pursuing a favorable resolution to your charges.