Domestic Assault And Battery Lawyer in Cincinnati, OH

The Ohio Revised Code distinguishes a key difference between assault and battery as it relates to domestic violence crime:

Assault
Knowingly causing or attempting to cause physical harm to another person or their unborn child
Recklessly causing serious physical harm to another person or their unborn child

Battery
Intentional infliction of physical harm to another person or their unborn child. These offenses can become domestic assault or domestic battery when the alleged victim is a family or household member.

Types of Domestic Assault

Negligent Assault
If an alleged offender negligently, by means of a deadly weapon or dangerous ordnance—defined in Ohio Revised Code § 2923.11(K) as any automatic or sawed-off firearm, zip-gun, or ballistic knife; any explosive device or incendiary device; nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions; any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon; any firearm muffler or suppressor; or any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance—causes physical harm to a family or household member or to a family or household member’s unborn, it is a third-degree misdemeanor.

Simple Assault
Any statutory violation of Ohio Revised Code § 2903.13 is generally classified as a first-degree misdemeanor.

Aggravated Assault
If an alleged offender, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the alleged victim that is reasonably sufficient to incite the alleged offender into using deadly force, knowingly causes serious physical harm to a family or household member or to a family or household member’s unborn, or causes or attempts to cause physical harm to a family or household member or to a family or household member’s unborn by means of a deadly weapon or dangerous ordnance, it is a fourth-degree felony.

Felonious Assault
If an alleged offender knowingly causes serious physical harm to a family or household member or to a family or household member’s unborn, or causes or attempts to cause physical harm to a family or household member or to a family or household member’s unborn by means of a deadly weapon or dangerous ordnance, it is a second-degree felony.

Domestic Assault Penalties

Domestic Assault and Battery sentences are based on the degree of the crime. The statutory maximums in such cases are as follows:

Third-Degree Misdemeanor — Up to 60 days in jail and/or a fine of up to $500;
First-Degree Misdemeanor — Up to 180 days in jail and/or a fine of up to $1,000;
Fourth-Degree Felony — Up to 18 months in prison and/or a fine of up to $5,000;
Second-Degree Felony — Up to eight years in prison and/or a fine of up to $15,000.

The Wieczorek Law Firm defends clients throughout the greater Cincinnati area against domestic violence charges. Contact us 24/7 for a free review of your case. Time is not on your side and you need an attorney you can trust to utilizing every defense possible to receive the best outcome.