What Is The Legal Difference Between Assault And Domestic Violence In Ohio?

If you’ve been accused of assault, domestic violence, or both in Ohio, you might wonder what the difference is. The main difference between assault and domestic violence is the relationship between the people involved. Both involve causing or attempting to cause physical harm, but domestic violence charges apply only when the victim is a family or household member. In other words, punching a stranger in a bar may be assault. Punching your spouse is usually domestic violence. Here’s what that could mean for you.

Ohio’s Assault Laws

Under Ohio law, assault occurs when a person:

• Knowingly causes or attempts to cause physical harm to another person, or
• Recklessly causes serious physical harm to another.

Assault can be charged as a misdemeanor or a felony, depending on factors like how severe the harm was and whether the victim is a protected class (such as a peace officer or healthcare worker). For example:

• Simple assault is a first-degree misdemeanor punishable by up to 180 days in jail and a $1,000 fine.
• Felonious assault is a felony of the second degree, punishable by two to eight years in prison and up to $15,000 in fines.

What Makes Domestic Violence Different?

Ohio’s domestic violence law makes it illegal to:

• Knowingly cause or attempt to cause physical harm to a family or household member, or
• Recklessly cause serious physical harm to a family or household member, or
• Threaten force in a way that causes a family or household member to believe they are in imminent danger.

The key factor is who the alleged victim is. Ohio defines a “family or household member” as:

• A spouse, former spouse, or someone with whom the offender has lived,
• A person related by blood or marriage,
• A co-parent of a child, regardless of marriage or cohabitation, and
• A current or former romantic partner who has lived with the offender in the past five years.

Domestic violence charges can have both criminal and civil consequences, including:

• First offense: Usually a first-degree misdemeanor, with up to 180 days in jail and fines.
• Repeat offenses: Can lead to felony charges, especially if you have prior convictions. This is punishable by up to three years in prison and $10,000 in fines.
• Protection orders: Courts may issue civil or criminal protection orders that restrict contact with the victim, remove you from your home, and affect child custody.
• Firearm restrictions : A domestic violence conviction may make it illegal to possess a firearm.

Plus, a domestic violence conviction can impact your employment, housing, and family court matters for years.

What Counts as Evidence in a Domestic Violence Case?

Prosecutors do not need visible injuries to pursue domestic violence charges. Common types of evidence include victim or witness testimony, communications between you and the alleged victim, camera footage, medical records, and photos of injuries or property damage.

How a Criminal Defense Attorney Can Help

If you’re charged with assault or domestic violence in Ohio, hiring an experienced criminal defense attorney is the best way to seek to minimize or dismiss the charges. Your attorney can challenge the state’s evidence, including whether the relationship meets the legal definition of domestic violence If this is your first offense, they may also advocate for alternative sentencing options.

The experienced legal team at McNamee Defense is standing by to defend you against assault or domestic violence charges. Contact us today to learn more.