(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall 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 another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of aggravated assault. Except as otherwise provided in this division, aggravated assault is a felony of the fourth degree. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, aggravated assault is a felony of the third degree. Regardless of whether the offense is a felony of the third or fourth degree under this division, if the offender also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, except as otherwise provided in this division, the court shall sentence the offender to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, aggravated assault is a felony of the third degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the definite prison terms prescribed in division (A)(3)(b) of section 2929.14 of the Revised Code for a felony of the third degree.
(C) As used in this section:
(1) "Investigator of the bureau of criminal identification and investigation" has the same meaning as in section 2903.11 of the Revised Code.
(2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
Notes of Decisions
Cited in 346
cases (104 in the last 5 years), 1974–2026 · leading case: State v. Brown, 895 N.E.2d 149 (Ohio 2008).
State v. Brown, 895 N.E.2d 149 (Ohio 2008). · cites it 13ד{¶ 39} R.C. 2903.12 defines the offense of aggravated assault.”
State v. Henry, 2016-Ohio-692. · cites it 9ד{¶37} The deficiency about which Henry complains — both with respect to his “deadly force” argument and his broader claim that his conviction should be overturned because the trial court’s finding of serious provocation was not based on sufficient evidence and was against the…”
United States v. Le' Ardrus Burris, 912 F.3d 386 (6th Cir. 2019). · cites it 3דby means of a deadly weapon or dangerous ordnance,” Ohio Rev. Code § 2903.12(A)(1)-(2), necessarily requires proof that the defendant used “force capable of causing physical pain or injury.”
State v. Johnson, 2010-Ohio-6314, 942 N.E.2d 1061. · cites it 2דR.C. 2903.12(A)(1) and (A)(2). Thus, under the Cabrales/Rance analysis, Brown’s convictions would stand because, in the abstract, the commission of one of type of felonious assault would not necessarily result in the commission of the other.”
United States v. Ramone Anderson, 695 F.3d 390 (6th Cir. 2012). · cites it 4דOhio Rev. Code Ann. § 2903.12 (A). We must determine whether, based on this definition, aggravated assault falls into either 18 U.”
Brian Williams v. United States, 927 F.3d 427 (6th Cir. 2019). · cites it 4דAlthough that case involved Ohio aggravated assault under Ohio Rev. Code § 2903.12 rather than § 2903.”
Engle v. Isaac, 456 U.S. 107 (1982). · cites it 2ד" [13] Ohio Rev. Code Ann. § 2903.12 (1975) describes aggravated assault: "(A) No person, while under extreme emotional stress brought on by serious provocation reasonably sufficient to incite him into using deadly force shall knowingly: "(1) Cause serious physical harm to…”
State v. Creech, 936 N.E.2d 79 (Ohio Ct. App. 4th Dist. 2010). · cites it 7ד12(A)(2) did not, the violation of R.C. 2903.12(A)(2) would not necessarily result in the violation of R.”
United States v. Rodriguez, 664 F.3d 1032 (6th Cir. 2011). · cites it 5דThe Ohio fourth-degree aggravated assault statute at issue in this case, Ohio Rev.Code § 2903.12, tracks the Model Penal Code formulation of aggravated assault, except that the Ohio statute does not permit conviction for reckless conduct under circumstances manifesting extreme…”
State v. Carter, 491 N.E.2d 709 (Ohio Ct. App. 1st Dist. 1985). · cites it 8ד03, voluntary manslaughter, which is the same phrase that has been used intermittently in R.C. 2903.12, aggravated assault, suggest the necessity of a jury instruction specifically addressing the legal issues in a case where the defendant is charged with felonious assault and…”
State v. Ferrell, 2020-Ohio-6879, 165 N.E.3d 743. · cites it 2ד" As relevant here, R.C. 2903.12 defines aggravated assault as "[n]o person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the No.”
State v. Davidson-Dixon, 2021-Ohio-1485, 170 N.E.3d 557. · cites it 2ד1R.C. 2903.12, aggravated assault, adds the mitigating factor of provocation.”
Brian Williams v. United States, 927 F.3d 427 (6th Cir. 2019). “Although that case involved Ohio aggravated assault under Ohio Rev. Code § 2903.12 rather than § 2903.”
State v. Brown, 895 N.E.2d 149 (Ohio 2008). “{¶ 39} R.C. 2903.12 defines the offense of aggravated assault.”
State v. Henry, 2016-Ohio-692. “{¶37} The deficiency about which Henry complains — both with respect to his “deadly force” argument and his broader claim that his conviction should be overturned because the trial court’s finding of serious provocation was not based on sufficient evidence and was against the…”
United States v. Le' Ardrus Burris, 912 F.3d 386 (6th Cir. 2019). “by means of a deadly weapon or dangerous ordnance,” Ohio Rev. Code § 2903.12(A)(1)-(2), necessarily requires proof that the defendant used “force capable of causing physical pain or injury.”
State v. Johnson, 2010-Ohio-6314, 942 N.E.2d 1061. “R.C. 2903.12(A)(1) and (A)(2). Thus, under the Cabrales/Rance analysis, Brown’s convictions would stand because, in the abstract, the commission of one of type of felonious assault would not necessarily result in the commission of the other.”
United States v. Ramone Anderson, 695 F.3d 390 (6th Cir. 2012). “Ohio Rev. Code Ann. § 2903.12 (A). We must determine whether, based on this definition, aggravated assault falls into either 18 U.”
State v. Brown, 895 N.E.2d 149 (Ohio 2008). “{¶ 39} R.C. 2903.12 defines the offense of aggravated assault.”
State v. Creech, 936 N.E.2d 79 (Ohio Ct. App. 4th Dist. 2010). “12(A)(2) did not, the violation of R.C. 2903.12(A)(2) would not necessarily result in the violation of R.”
State v. Carter, 491 N.E.2d 709 (Ohio Ct. App. 1st Dist. 1985). “03, voluntary manslaughter, which is the same phrase that has been used intermittently in R.C. 2903.12, aggravated assault, suggest the necessity of a jury instruction specifically addressing the legal issues in a case where the defendant is charged with felonious assault and…”
United States v. Rodriguez, 664 F.3d 1032 (6th Cir. 2011). “The Ohio fourth-degree aggravated assault statute at issue in this case, Ohio Rev.Code § 2903.12, tracks the Model Penal Code formulation of aggravated assault, except that the Ohio statute does not permit conviction for reckless conduct under circumstances manifesting extreme…”
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