Court Rules Felonious Assault, Attempted Murder Are ‘Allied Offenses’ Subject to Single Sentence

The Supreme Court of Ohio ruled today that pursuant to Ohio’s multiple-count statute: a defendant’s conviction for felonious assault based on causing serious physical harm [R.C. 2903.11(A)(2)] is an allied offense of an attempt to commit murder while committing an offense of violence [R.C. 2903.02(B) and 2923.02]; a defendant’s conviction for felonious assault based upon causing or attempting to cause physical harm by means of a deadly weapon [R.C. 2903.11(A)(2)] is an allied offense of attempted murder [R.C. 2093.02(B)]; and therefore these respective counts of felonious assault merge with the respective counts of attempted murder.

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