ORC Negligent assault is a misdemeanor of the third degree. Any criminal charge is serious and will likely effect the defendant for the rest of his or her life. Under Ohio law, battery crimes are referred to as assault crimes. Assault does not necessarily require that a person actually attack or injure another person to be charged with assault. Making credible threats can—and often does—constitute assault.
Aggravated Assault. According to the law, negligent assault occurs when physical harm is caused through the negligent use of a deadly weapon.
A common example of negligent assault is hunting accidents. Typically a second degree felony, felonious assault can be committed in a few different ways.
If there is probable cause or a good reason to believe that you committed any of the following, you may be charged with this offense:. A very serious penalty for what the courts consider a very serious crime. Slightly less severe than felonious assault, aggravated assault is very similarly written in Ohio Laws. The difference between a felonious assault and an aggravated assault is the manner in which they are committed.
The court recognizes that when in an extreme rage or while feeling high levels of passion, a person may not act rationally. For this reason, when an assault is committed in this heightened state, it is punished less severely. Facing assault charges in Ohio is very stressful and can be quite frightening. When you are up against charges like this it is important to trust your choice in attorneys. Contact us for a consultation on your assault case today and see why so many others have put their trust in us.
The consultation is free with no obligation. Nevertheless, you can make a request that the charges be dropped. Log in Social login does not work in incognito and private browsers. Please log in with your username or email to continue. No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts.
Related Articles. Co-authored by Clinton M. Part 1. Decide why you want to drop the charges. Assault is a crime. Accordingly, the public wants to punish anyone who commits assault since that person is a danger to commit assault again unless they suffer punishment. You will not be in control of whether or not the charges are dropped. Nevertheless, you should identify why you want the charges dropped. Did you lie to the police and now feel guilty?
That is a legitimate reason. Nevertheless, you will have to admit to the police that you lied. You cannot craft a new lie in the hopes that the police will drop the charges. Instead, you need to come clean that you lied when you claimed that you were assaulted. Were you assaulted by a domestic partner? You might fear that he or she will be punished and hope to protect your partner. With a felony conviction, your partner may lose a professional license or job.
Furthermore, he or she could be sent to prison. Are you scared of the perpetrator and fear retaliation? Sometimes, the victims of assault worry that the perpetrator will come after them if they cooperate in the prosecution. Think over your decision. You have options other than asking that the assault charges be dropped.
For example, you could get a restraining order if you fear reprisal from the abuser.
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