R.C. 2903.12(A)(1) and (A)(2) Interpretation
In State v. Brown, 119 Ohio St.3d 447, 2008 Ohio 4569, 895 N.E.2d 149, the Ohio Supreme Court held that aggravated assault under R.C. 2903.12(A)(1) and (A)(2) constituted allied offenses of similar import when the offenses result from a single act undertaken with a single animus.
The Court noted that the subsections "set forth two means of committing the offense -- causing serious physical harm to another, or causing or attempting to cause physical harm by means of a deadly weapon or dangerous ordnance" and that each subsection provided different forms of the same offense, "in each of which the legislature manifested its intent to serve the same interest -- preventing physical harm to persons." Id. at 39.