In State v. Diles, Jr., Morrow App. No 03 CA 0011, 2004 Ohio 6368, appellant Diles was being pursued in his vehicle by a Morrow County Sheriff's Deputy when he deliberately turned his vehicle into the deputy's cruiser, attempting to push the deputy off the road. Id. at P4-5. The deputy was not injured in the incident, but Diles was convicted of felonious assault for knowingly attempting to cause physical harm by means of a dangerous ordnance. At trial, Diles requested an instruction on negligent assault as a lesser included offense, which the court denied. On appeal, the court found that the trial court properly rejected the instruction. Id. at P21. The court noted that a conviction for the offense of negligent assault requires a finding that actual physical harm was caused, while a conviction for felonious assault requires only that a defendant knowingly attempted to cause physical harm. Id. Because the appellant's act in knowingly attempting to cause physical harm could be committed without committing the lesser offense of negligently causing physical harm, negligent assault was not a lesser included offense in that case. Id.