My son and a friend of his were at a football game, a fight broke out that was started by my sons friend, my son never threw a punch and was arrested months later and charged with Assault. His friends charge is Aggravated Menacing. The arresting officer told me to my face that he didn't like my son so he was going to arrest him even if he didn't do anything. My question is this, which is the lesser charge Assault or Aggravated Menacing?

We will have to know the state ( in if US) since laws vary greatly by state. Names of offense differ, do you have the actual code number they were charged under.

State is Ohio. I believe the assault charge is 2903.13. And the aggravated menacing is 2903.21 but those numbers came from a search of the Ohio revised code and not any paperwork from the jail

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Originally Posted by pmsqueen04

State is ohio. I believe the assault charge is 2903.13. And the aggravated menacing is 2903.21 but those numbers came from a search of the Ohio revised code and not any paperwork from the jail

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"2903.13 Assault.
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(C)... Except as otherwise provided in division (C)(1), (2), (3), (4), or (5) of this section, assault is a misdemeanor of the first degree."

"2903.21 Aggravated menacing.
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(B) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. "
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Lawriter - ORC - Chapter 2903: HOMICIDE AND ASSAULT

So, as you have probably already seen, they are the same. If you get "paperwork from the jail" that is to the contrary, the jail is wrong. But the important thing is what the court says, not the jail.

Assault means the person was struck. Meanacing means they were not struck. Assault is worse.

And each will have its own requirements to convict. The state will have to meet each of the elements of each crime to convict.

And as noted both are misdemeanors

The issue is that often police officers lie trying to get people to talk and say something. And police officers do sometimes not like some people for various reasons.

The issue is that to get charged and a DA to take it to court there has to be evidence, not just a upset cop. So someone had to name him or pick him out of a photo line up as a person who hit someone or hit them.