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Ohio Revised Code

Ohio Rev. Code § 2903.12 (2026)

Aggravated assault

✓ current as of May 2026
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Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
PDF:
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(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).
Sort: Relevance Newest Treatment
State v. Brown, 895 N.E.2d 149 (Ohio 2008). · cites it 13× “{¶ 39} R.C. 2903.12 defines the offense of aggravated assault.”
State v. Henry, 2016 Ohio 692 (Ohio Ct. App. 2016). · cites it 9× “{¶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 3× “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 (Ohio 2010). · cites it 2× “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). · cites it 4× “Ohio 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 4× “Although 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 2× “" [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. 2010). · cites it 7× “12(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 5× “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…”
State v. Carter, 491 N.E.2d 709 (Ohio Ct. App. 1985). · cites it 8× “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…”
State v. Ferrell, 2020 Ohio 6879 (Ohio Ct. App. 2020). · cites it 2× “" 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 (Ohio Ct. App. 2021). · cites it 2× “1R.C. 2903.12, aggravated assault, adds the mitigating factor of provocation.”
Show all 346 citing cases →
— Ohio Rev. Code § 2903.12(A) — 69 cases
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. Jones, 2018 Ohio 239 (Ohio Ct. App. 2018).
State v. Brown, 895 N.E.2d 149 (Ohio 2008). “{¶ 39} R.C. 2903.12 defines the offense of aggravated assault.”
State v. Baskerville, 2017 Ohio 4050 (Ohio Ct. App. 2017).
State v. Patterson, 2016 Ohio 7130 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2903.12(A)(1) — 110 cases
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 (Ohio Ct. App. 2016). “{¶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 (Ohio 2010). “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.”
— Ohio Rev. Code § 2903.12(A)(1)(B) — 4 cases
State v. Given, 2016 Ohio 4746 (Ohio Ct. App. 2016).
State v. Mincer, 2018 Ohio 5199 (Ohio Ct. App. 2018).
State v. Underwood, 2012 Ohio 4263 (Ohio Ct. App. 2012).
State v. Panich, 2025 Ohio 5709 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2903.12(A)(1)(b) — 1 case
State v. Polley, 2020 Ohio 3213 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2903.12(A)(2) — 57 cases
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. 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. Blevins, 2017 Ohio 4444 (Ohio Ct. App. 2017).
United States v. Terry Adams, 739 F.3d 873 (6th Cir. 2014).
State v. Smith, 2023 Ohio 3015 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2903.12(A)(2)(B) — 3 cases
State v. Given, 2016 Ohio 4746 (Ohio Ct. App. 2016).
State v. Bandy, 2011 Ohio 4332 (Ohio Ct. App. 2011).
State v. Glenn, 2011 Ohio 2628 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2903.12(A)(2)(b) — 1 case
State v. Polley, 2020 Ohio 3213 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2903.12(A)(B) — 1 case
State v. Logan, 2021 Ohio 571 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2903.12(A)(C)(3) — 1 case
State v. Hill, 2014 Ohio 919 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2903.12(A)(C)(5) — 1 case
State v. Brown, 2022 Ohio 2655 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2903.12(A)(a) — 1 case
In re J.T., 2014 Ohio 5816 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2903.12(B) — 10 cases
State v. Carter, 491 N.E.2d 709 (Ohio Ct. App. 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…”
State v. Smith, 2017 Ohio 537 (Ohio Ct. App. 2017).
State v. Oller, 2017 Ohio 814 (Ohio Ct. App. 2017).
State v. Lytle, 551 N.E.2d 950 (Ohio 1990).
State v. Moore, 2021 Ohio 54 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2903.12(a) — 1 case
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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