Aggravated assault in violation of R.C. 2903.12(A)(2) requires the causation of physical harm with a deadly weapon or dangerous ordnance. But in Wendy Hinzman's case, the trial judge failed to instruct the jury as to what constitutes a deadly weapon or dangerous ordnance. The Eighth District Court of Appeals speculated that a high-heeled shoe might meet the definition of "deadly weapon," but decided that the jury could not have known that since the trial judge did not provide them with the legal definition of "deadly weapon." The aggravated assault conviction was reversed and the case was remanded for a new trial on that charge as you can read by clicking here.
Aggravated Assault Conviction Reversed
March 4, 2010
