It starts small. An argument outside a bar in the Short North gets heated. Someone shoves, someone swings, and a few minutes later, Columbus police are taking statements. By the end of the night, you are holding paperwork that cites Ohio Revised Code 2903.13.
Most people assume a fight that “nobody started” will sort itself out. It rarely does. The same few seconds can be charged as a misdemeanor or a felony. It depends on the injury, who the other person was, and which prosecutor picks up the file. What happens in the first weeks after the arrest often decides how the case ends.
This guide explains how Franklin County assault charges work, from the first court date to the outcome. It covers which court will hear your case and what a first-time charge usually looks like. It also explains how charges get reduced and whether a conviction can be sealed. If you have just been charged with assault, start here.
Is Assault a Felony in Ohio?
Usually not. Basic assault in Ohio is a first-degree misdemeanor. Two related, more serious offenses are felonies. The line between them depends on the injury and the circumstances.
| Offense | Typical Level | Maximum Penalty | Where It Is Heard |
| Assault (ORC 2903.13) | First-degree misdemeanor | Up to 180 days in jail and a $1,000 fine | Franklin County Municipal Court |
| Aggravated assault (ORC 2903.12) | Fourth-degree felony | Up to 18 months in prison and a $5,000 fine | Franklin County Court of Common Pleas |
| Felonious assault (ORC 2903.11) | Second-degree felony | An indefinite prison term of 2 to 12 years and a $15,000 fine | Franklin County Court of Common Pleas |
Simple assault means knowingly causing or trying to cause physical harm, or recklessly causing serious physical harm. Felonious assault involves serious physical harm or a deadly weapon.
Aggravated assault surprises many people. In Ohio, it is the less serious of the two felonies. It covers serious harm caused in a sudden fit of rage, brought on by serious provocation from the other person.
Ohio also has no separate crime called battery. Conduct that other states call battery is charged as assault here. For a statewide look at each offense, The Meade Law Group covers assault and battery laws in Ohio in detail.
When a Misdemeanor Assault Becomes a Felony
The same push can carry a very different charge depending on who receives it. Under ORC 2903.13, assault becomes a felony when the victim is:
- A peace officer, firefighter, or EMS worker on duty: A fourth-degree felony.
- A teacher, school administrator, or school bus operator: A fifth-degree felony.
- A hospital healthcare worker: A fifth-degree felony if the accused has a prior assault against hospital staff.
- A judge, prosecutor, or court employee: A fifth-degree felony with a prior assault against justice system personnel.
- Corrections or jail staff: A third- or fifth-degree felony when the accused is incarcerated or detained.
If a peace officer suffers serious physical harm, the law requires a prison term of at least 12 months. These cases move fast and draw close attention from prosecutors.
Where Franklin County Assault Charges Are Heard
Where your case goes depends on the charge level and where the incident happened.
Misdemeanor assault is usually heard in Franklin County Municipal Court at 375 South High Street in Columbus. A few suburbs, such as Bexley and Groveport, run mayor’s courts for certain misdemeanors. Mayor’s courts do not hold jury trials, so contested cases there often move to Municipal Court.
Felony assault usually starts in Municipal Court too, with an initial appearance and a possible preliminary hearing. The case then goes to a grand jury. If indicted, you face trial in the Franklin County Court of Common Pleas.
| Where the Charge Comes From | Who Prosecutes |
| Misdemeanor in Columbus | Columbus City Attorney’s Office |
| Misdemeanor in a suburb | That city’s prosecutor |
| Any felony assault | Franklin County Prosecutor’s Office |
Knowing who is on the other side matters. Each office has its own habits on plea offers and diversion.
What Happens After an Assault Arrest in Franklin County
The first few weeks follow a set pattern. Two stages shape the case more than any others.
Arraignment and Bond
At arraignment, you hear the charge and enter a plea. The court also sets bond. Since a 2022 change to the Ohio Constitution, judges must consider public safety when setting bail amounts.
In assault cases, bond often comes with a no-contact order. You may be barred from contacting the other person, even indirectly through friends or social media. Violating that order can get you arrested and your bond revoked, even if the contact seemed harmless.
Pretrial and Trial
During pretrial, your attorney collects the evidence the state plans to use. In assault cases, that often includes:
- Body camera footage from responding officers.
- Surveillance video from bars, stores, or nearby homes.
- Witness statements taken at the scene.
- Medical records that show the extent of any injury.
You have the right to a jury trial, even on a misdemeanor. In misdemeanor cases, though, the jury usually must be requested in writing before trial. Many cases settle first, and the strength of the evidence drives every offer.
What to Expect for a First-Time Assault Charge
Jail is possible, but it is not automatic. The 180-day maximum for misdemeanor assault is a ceiling, not a starting point.
For a first-time assault charge, courts often look at alternatives. Common outcomes include probation, anger management classes, restitution for medical bills, or a reduction to a lesser offense. The result is never guaranteed, and several factors move it in either direction:
- The injury: Bruises and a broken jaw lead to very different conversations.
- The other person: Assaults on officers, teachers, or healthcare workers draw harsher treatment.
- Video evidence: Footage can confirm your account or undercut it.
- Your conduct afterward: Respecting a no-contact order and showing up to court both matter.
Can Assault Charges Be Reduced or Dismissed?
Yes, and it happens often. An assault charge is an accusation, not a conviction. Several defenses and weaknesses come up again and again:
- Self-defense: Since 2019, Ohio prosecutors must prove beyond a reasonable doubt that you did not act in self-defense. Since 2021, Ohio has no duty to retreat in a place where you are lawfully present.
- No proof of harm or intent: The state must show you knowingly caused or tried to cause harm.
- Mistaken identity: Crowded bars and late-night fights produce unreliable identifications.
- Video that contradicts statements: Footage frequently tells a different story than the initial police report.
- Witness credibility: Friends of the other person may have reasons to shade the truth.
When the evidence is mixed, prosecutors may agree to reduce the charge. A common landing spot is disorderly conduct, which carries far lighter consequences and no offense-of-violence label.
Assault vs. Domestic Violence Charges
The same act can be charged two different ways. If the other person is a family or household member, prosecutors charge domestic violence under ORC 2919.25 instead of assault.
That label changes a lot. A domestic violence conviction raises the level of any future domestic violence charge and can affect gun rights. As a first-degree misdemeanor, it also cannot be sealed.
“Family or household member” covers more people than most expect, including a former spouse or the other parent of your child. The full list is part of what counts as domestic violence in Franklin County.
Can You Seal an Assault Conviction in Ohio?
A misdemeanor assault can be sealed. A felony assault cannot. Ohio’s sealing law, ORC 2953.32, excludes felony offenses of violence and first-degree misdemeanor domestic violence.
| Outcome | Can It Be Sealed? | When |
| Misdemeanor assault conviction | Yes | One year after final discharge |
| Aggravated or felonious assault conviction | No | Felony offenses of violence are excluded |
| Misdemeanor domestic violence conviction | No | Specifically excluded by law |
| Dismissed case or not-guilty verdict | Yes | Any time after the case ends |
“Final discharge” means the end of your entire sentence, including probation and payment of fines. The record sealing and expungement process in Franklin County has its own applications, hearings, and waiting periods.
What to Do If You Are Charged With Assault in Franklin County
The steps you take in the first days can protect your case:
- Do not contact the other person: That includes texts, calls, social media, and messages sent through friends.
- Save your evidence: Photograph your own injuries and keep any messages related to the incident.
- Write down witnesses and cameras: Note who was there and which businesses had cameras. Many systems overwrite footage within days.
- Stay off social media: Posts about the incident can end up as evidence.
- Attend every court date: A missed hearing can lead to a warrant and stricter bond.
- Call a lawyer before arraignment: Early advice shapes bond conditions and the first plea.
Talk to Marcus A. Ross Law About Your Assault Charge
Assault cases often turn on details that disappear quickly, like video footage and witness memories. Marcus A. Ross began his career in 1997 as an Assistant City Prosecutor with the Columbus City Attorney’s Office. He has spent more than two decades in Franklin County courtrooms since.
At Marcus A. Ross Law, our team helps clients at every stage:
- Evidence review: Securing video, body camera footage, and witness statements before they are lost.
- Bond and no-contact conditions: Seeking terms you can realistically follow.
- Negotiation: Pushing for a dismissal or a reduction to a lesser offense.
- Trial defense: Presenting self-defense and challenging the state’s evidence in court.
- Record sealing: Clearing an eligible record once the case is over.
Contact Marcus A. Ross and our Franklin County team today.
Frequently Asked Questions
| Question | Answer |
| Can you be charged with assault if no one was hurt? | Yes. Ohio’s assault law covers attempting to cause physical harm. A swing that misses can still support a charge. |
| Can the other person drop the assault charges? | No. Once charges are filed, the prosecutor decides whether the case goes forward. The other person’s wishes matter, but they do not control the outcome. |
| How long does the state have to file assault charges? | Generally, two years for a misdemeanor and six years for a felony. Ohio’s statute of limitations starts running when the offense is committed. |
| Does a misdemeanor assault conviction affect gun rights? | Usually not, unless the case involved a domestic relationship. A felony offense of violence creates a firearms disability under Ohio law. Federal law can also apply to a misdemeanor assault against a spouse or partner, even if it was not charged as domestic violence. |
| What if both people threw punches? | Both can be charged. Agreeing to fight is generally not a defense to assault in Ohio. Self-defense is also harder to claim if you helped start the fight. |
| What if my teenager is charged with assault? | The case goes to juvenile court, not adult court. Those cases follow different rules, explained in our parents’ guide to Franklin County juvenile court. |