Assault is one of the most common violent offenses prosecuted in Ohio. People can face accusations of assault after domestic altercations with family members or a fight at a sports bar. Individuals accused of assault sometimes question the validity of their criminal charges. They may feel like the circumstances don’t warrant criminal prosecution. Perhaps neither they nor the other party sustained any lasting injuries.
Does the state need proof of significant bodily harm for an Ohio prosecutor to pursue an assault charge?
Intent, not injury, is what matters
Under Ohio state statutes, an assault is any behavior intended to cause injury to an individual or their unborn child. Hitting someone could constitute assault. So could shoving a pregnant woman down the stairs. Actions intended to cause fear of injury in others, including verbal threats and intimidating body language, can also establish an intent to cause harm to others.
The perceived and stated intentions of the party accused largely influenced how the state responds to interpersonal violence. Provided that the person accused used threatening language or otherwise indicated an intent to physically harm the other person, proof of physical injury may not be necessary for prosecutors to bring charges. The defendant may face allegations of simple assault, which is a first-degree misdemeanor offense. A guilty plea or conviction could lead to up to six months in jail and $1,000 in fines.
How people fight assault charges
There are a host of defense strategies that can work for those accused of assault in Ohio. Some people can establish that they were not actually the person involved in the incident. Others might be able to claim that they acted in self-defense or that what seemed like assault was really a case of reactive abuse.
Proving that the other party made threatening statements or engaged in inappropriate physical contact first could help the defendant successfully fight their charges in some cases. The best defense strategy depends on the specific circumstances leading to an individual’s arrest.
Evaluating the state’s evidence with a skilled legal team can be helpful for those hoping to fight pending assault charges. Those who have proper support and who learn about the law may have the best chance of prevailing in criminal court.