"Attempt to Cause Harm" & How Assault Isn't Always Physical


Physically hurting another person or unborn child is considered assault in Ohio. However, an individual does not necessarily have to cause direct physical harm to another in order to be charged with an assault. Ohio Revised Statute §2903.13 categorizes assault as “knowingly causing or attempting to cause injury to another or another’s unborn baby.” Ohio’s Chapter 2903 lists numerous ways in which an individual can be charged with assault without direct violence.

Assault Charges That Are Not Always Physical

  • Felonious Assault – Under C.R.S § 2903.11.B, if an individual knows they are positive for an immunodeficiency virus (such as AIDS or HIV) and engage in sexual conduct without telling their partner of their condition, they can be charged with a felonious assault. This is considered a first-degree felony.
  • Failing to Care for Functionally Impaired Individuals – Under C.R.S § 2903.16, a caretaker who knowingly or recklessly fails to provide proper care to a functionally impaired individual can be charged with an assault charge. Such an incident is classified as a fourth-degree felony.
  • Aggravated Menacing – If a person leads another to believe they will cause physical harm, injury to their loved ones, or damage to their property, through either words or conduct, they can be charged with aggravated menacing. Under C.R.S § 2903.21, this can be classified as a first-degree misdemeanor.
  • Menace By Stalking – Under C.R.S. § 2903.211, if a person knowingly causes someone else to believe they will cause physical or mental harm, they can be charged with menace by stalking. Under the assault laws, this is considered a first-degree misdemeanor.
  • Hazing – Hazing means committing an act or coercing another to perform a mentally or physically tasking action in order to gain access into a school club or organization. Under C.R.S. § 2903.31, anyone who engages in hazing can be charged with a fourth-degree misdemeanor.

Any degree of assault charges should be taken very seriously. Not all cases involve physical violence. If you were accused of any of the charges listed above, contact our Ohio assault attorneys today. We review our clients’ situations and build the most effective cases for them. Call today to schedule a consultation.

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