The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In Ohio, assault is codified under Ohio Revised Code Section 2903.13 and is generally defined as knowingly causing or attempting to cause physical harm to another or to another's unborn. It can also be committed by recklessly causing serious physical harm to another or to another's unborn. Assault in Ohio is typically classified as a misdemeanor of the first degree, but it can be elevated to a felony under certain circumstances, such as if the victim is a functionary (e.g., a peace officer, firefighter, etc.) or if the assault occurs in a correctional facility. Aggravated assault, defined under Ohio Revised Code Section 2903.12, occurs when an assault is committed with a deadly weapon or while under the provocation of sudden passion or in a sudden fit of rage. Aggravated assault is usually a felony of the fourth degree, but the degree can vary based on specific factors such as the victim's status or the presence of prior offenses. It's important to note that in Ohio, the term 'battery' is not used; instead, the physical contact aspect is encompassed within the assault statutes.
