What Is Aggravated Assault? Elements, Penalties, And Defenses

Other than Felonious Assault, the crime of Aggravated Assault is the most serious type of assault offense in Ohio.  A person is guilty of the crime of Aggravated Assault if that person knowingly commits felonious assault, when under the influence of sudden passion or in a sudden fit of rage incited by the victim through “serious provocation.”

Generally, Felonious Assault means either: (1)  knowingly causing serious physical harm to another, or (2) knowingly causing physical harm to another with a deadly weapon.   Provocation, to be serious, must be reasonably sufficient to bring on extreme stress, and the provocation must have been reasonably sufficient to incite the accused into using the force involved in the case.  Aggravated Assault is a lesser-included offense of felonious assault, attempted murder, and attempted voluntary manslaughter.

Aggravated Assault is a felony of the fourth degree, punishable by a definite term of imprisonment of  6, 12, or 18 months.  If the victim is a police officer, then it is a felony of the third degree, punishable by a definite term of imprisonment of either 9, 12, 18, 24, 30, or 36 months.  If a firearm was used, then an additional mandatory term of imprisonment of 3 years imprisonment, consecutive to the underlying prison term, must be imposed.

The most commonly used defense to the crime of Aggravated Assault is self-defense.  Other common defenses are misidentification and accident.

If you or a family member is under investigation for, or has been charged with, the offense of Felonious Assault, Aggravated Assault, or simple Assault in Columbus or central Ohio, you should immediately contact a seasoned Assault Defense Attorney to analyze how to best defend the case.