Negligent Assault simply means that by use of a deadly weapon or dangerous ordinance someone causes physical harm to another or another’s unborn.
The definition of negligence in Ohio as it relates to the criminal code however is rather confusing.
The definition says “A person acts negligently when, because of a substantial lapse of due care, he fails to perceive or avoid a risk that his contact may cause a certain result or maybe of a certain nature.
A person is negligent with respect to circumstances when, because of a substantial lapse from Duke here, he fails to perceive or avoid a risk that such circumstances may exist.”
As a practical matter, negligent assault is very close to being an accident which is a common-law defense. As a result there are very few negligent assault cases that are ever brought in the state of Ohio.
If you or someone you care about has been charged with Negligent Assault in the Cincinnati area, please call us at (513) 421-9700 for a free consultation.