(A) Assault.
(1) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(2) No person shall recklessly cause serious physical harm to another or to another's unborn.
(3) Whoever violates division (A)(1) or (A)(2) of this section is guilty of assault. Except as provided in R.C. § 2903.13(C), assault is a misdemeanor of the first degree.
(4) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in R.C. § 2941.1423 (victim of the offense was a woman whom the defendant knew was pregnant at the time of the offense) that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in R.C. § 2929.24(F).
(5) A prosecution for a violation of division (A)(1) or (A)(2) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under division (A)(1) or (A)(2) of this section or any other section of the Ohio Revised Code may be prosecuted under division (A)(1) or (A)(2) of this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of division (A)(1) or (A)(2) of this section and also is convicted of or pleads guilty to a violation of R.C. § 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of division (A)(1) or (A)(2) of this section, the offenses are allied offenses of similar import under R.C. § 2941.25.
(R.C. § 2903.13) (‘97 Code, § 131.01)
(B) Negligent assault.
(1) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in R.C. § 2923.11, cause physical harm to another or to another's unborn.
(2) Whoever violates division (B)(1) of this section is guilty of negligent assault, a misdemeanor of the third degree.
(R.C. § 2903.14) (‘97 Code, § 131.02) Penalty, see § 130.99
Statutory reference:
Aggravated and felonious assault, see R.C. §§ 2903.11 and 2903.12
Felony assault offenses, see R.C. § 2903.13(C)
Permitting child abuse, felony offense, see R.C. § 2903.15
Persons who may seek relief under anti-stalking protection order; ex parte orders, see R.C. § 2903.214
Protection order as pretrial condition of release, see R.C. § 2903.213
Strangulation, felony offense, see R.C. § 2903.18
Vehicular assault and aggravated vehicular assault, felony offenses, see R.C. § 2903.08