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Felonious Assault under Ohio Law
Under § 2903.11, felonious assault is Ohio's most serious assault offense. It carries the greatest penalties and covers two types of conduct. One type covers inflicting serious physical harm to another person. The second covers having sexual conduct with another but failing to disclose knowledge of testing positive for HIV.
A person is guilty of a felonious assault if they knowingly:
1. cause serious physical harm to another or to another's unborn;
2. cause or attempt to cause physical harm to another or to an another's unborn by means of a deadly weapon or dangerous ordnance.
A person is also guilty of felonious assault if they act with knowledge that the person has tested positive is a carrier for the virus that causes acquired immunodeficiency syndrome and knowingly:
1. engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
2. engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome; or
3. engaging sexual conduct with a person under 18 years of age who is not the spouse of the offender.
Penalty: felonious assault is a felony of the second degree. However, if the assault is against a peace officer, then it is a felony of the first degree and carries a mandatory prison sentence.
If the police either have charged or are investigating you for assault in Ohio, stop being afraid—take action. In Ohio, whether charged with felonious assault, aggravated assault, or simple assault, all charges require an experienced criminal defense lawyer. I can't give you the advantage of my knowledge and experience unless you call me. So, contact me for a free consultation. Let's begin working together to protect your freedom by building the defense that you deserve.
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