Photo of attorneys Smith, Meier & Webb, LPA

Experienced Attorneys Diverse Practice
Personal Attention

What’s the difference between assault and battery?

On Behalf of | Jul 15, 2022 | Criminal Defense

Assault and battery in Ohio are considered crimes against the person, meaning they involve physical injury to another person. The difference between assault and battery is that an assault may be charged as a crime, but not all assaults result in charges of battery, although most do. To find out more about these charges and whether or not you could be facing them, find out more about the definition of assault and battery in Ohio.

What is considered “assault”?

In order to be convicted of assault in Ohio, the prosecution must prove that you purposely caused or attempted to cause physical harm to another person or an unborn child. You can also be charged with assault if you put another person in fear of imminent physical harm. In Ohio, the crime of assault is typically charged as a misdemeanor offense.

What is considered “battery”?

Battery is the actual physical act of harming someone. In order for an assault to occur, there does not need to be any actual contact between the offender and the victim. However, for a battery to take place, there must be some type of physical contact.

Is there any defense to an assault or battery charge?

In order to be convicted of assault or battery in Ohio, the prosecution must prove that you knowingly caused or attempted to cause physical harm to another person. However, there are a few defenses that can be raised in order to avoid a conviction. For example, if you were acting in self-defense or trying to defend another person, you may be able to avoid a conviction. Additionally, if the victim consented to the physical contact, you may also have a defense.

Archives