Certain types of misdemeanor crimes and most felony offenses carry jail or prison time in Ohio. The extent of your sentence will vary widely based on the type of crime you are convicted of committing, whether anyone was seriously injured or killed, whether you have a history of criminal offenses and other factors.
Fortunately, with help from an in-demand Columbus criminal defense lawyer from Koffel Brennan Nesbitt, you may be able to get your charges reduced, dismissed, or secure the acquittal you need to get back to your life.
The Degree of Your Charges Determines Your Sentence
Under the Ohio sentencing guidelines, the extent of the penalties you face will be determined by the level of the charges against you. There are two primary types of criminal charges, including misdemeanors and felonies. However, both misdemeanor and felony charges can be further categorized into degree levels.
Misdemeanors
Misdemeanor charges are less serious than felony charges. This means your jail or prison term may be shorter if you are convicted of a misdemeanor. The five degrees of misdemeanor charges include:
- Minor misdemeanors: A minor misdemeanor does not carry jail time, however, you can be required to pay fines up to $150. A couple of examples of minor misdemeanors include possession of small amounts of marijuana, reckless driving, and disorderly conduct.
- First-degree misdemeanors: If you are found guilty of a first-degree misdemeanor, you could pay up to $1000 in fines and spend up to 180 days in jail. Some examples of first-degree misdemeanor charges include joy riding, petty theft, assault, carrying a firearm without a permit, and protection order violations.
- Second-degree misdemeanors: A second-degree misdemeanor conviction carries a fine of up to $750 and up to 90 days in jail. Resisting arrest, hazing, and harassment of a police officer are typically charged at the second-degree misdemeanor level.
- Third-degree misdemeanors: Third-degree misdemeanor convictions carry fines not to exceed $500 and up to 60 days in jail. Loitering for prostitution and criminal mischief are a few examples.
- Fourth-degree misdemeanors: Fourth-degree misdemeanors are one of the least serious types of misdemeanor offenses. If convicted, you could pay $250 in fines and spend up to 30 days in jail per Ohio Revised Code §2929.24. Indecency and possession of drug paraphernalia are examples of fourth-degree misdemeanors.
It should be noted that certain types of misdemeanors may allow for additional jail terms. If you have multiple misdemeanor convictions on your record, your charges could be elevated from a misdemeanor to a felony. If this happens, you can expect to spend time in an Ohio state prison as opposed to a county jail.
First and Second-Degree Felonies
It is common knowledge that most first-degree and second-degree felonies in Ohio carry a presumption of prison that is extremely difficult to rebut. Repeat violent offenders (RVO) and major drug offenders (MDO) are statutorily classified as requiring prison terms. Here are some examples of first- and second-degree felonies and potential penalties:
- Second-degree felonies: Some examples of second-degree felonies include felonious assault or participation in a criminal gang. If you are convicted of a second-degree felony, you could spend up to eight years in prison, plus an additional 10 years if you are a habitual violent offender.
- First-degree felonies: Some examples of first-degree felonies include kidnapping, rape, or murder. If convicted, you could spend up to 11 years in an Ohio state prison plus 5 years on post-release control (PRC) per the Ohio Department of Rehabilitation and Corrections.
Third Degree Felonies
Third-degree felonies have no presumption of prison nor a presumption of community control sanctions. The sentencing judge would weigh the “less serious” versus “more serious” factors as well as the likelihood of recidivism. A sentencing recommendation from the State and the presentence investigation (PSI) also play into whether or not an offender will go to prison.
Some examples of third-degree felonies include assisted suicide, unlawful sexual contact with a minor, aggravated homicide, or aggravated vehicular assault under Ohio Revised Code §2903.08. If convicted, you may be ordered to pay up to $10,000 in fines. You could also spend up to 36 months in prison with an additional three years of PRC, or five years, including registration as a sex offender if you were convicted of an offense that was of a sexual nature.
Fourth and Fifth Degree Felonies
Fourth and fifth-degree felonies typically carry a presumption of community control and a non-prison sentence. Of course, there are exceptions to this under Ohio’s sentencing guidelines. You could expect to spend up to 18 months in prison if you are convicted of a fourth-degree felony and up to 12 months in prison if you are convicted of a fifth-degree felony offense.
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Common Crimes and Offenders Who Could Expect Imprisonment
Certain sentences may also carry mandatory minimum prison terms. We see this most often in violent crimes, such as homicide, under Ohio Revised Code Chapter 2903. The following is a fairly simple list of crimes and offenders that can expect prison terms in Ohio:
- Crimes that result in physical harm to a person
- Crimes with the use of a deadly weapon
- Offenders who have prior convictions involving physical harm or threats
- Offenders who violate a position of trust or public office
- Offenses that are part of an organized criminal activity
- Offenses that are sex crimes
- Offenders who have previously served prison terms
- Offenders who re-offended while on probation or parole
- Offenders who possessed a firearm
- Felony DUI
- Aggravated vehicular assault
- Aggravated vehicular homicide
- Certain drug crimes
This is not an exhaustive list nor does it mean that individuals indicted under these sections are definitely going to be sentenced to prison. If you or someone you know may be facing a prison term, it is highly advisable that you consult with a criminal defense attorney. Be sure to select one in the jurisdiction in which the case is pending for more specific legal advice.
Protect Your Future with the Support of a Reputable Criminal Defense Law Firm
Whether you have been charged with a misdemeanor or felony-level offense, the potential for prison time is always present, particularly if there are aggravating factors that ignite a fire in the prosecutor to secure a conviction. Make sure you have the legal support of a high-powered Ohio criminal defense attorney from Kael Breininger Nesbitt.
Our firm has represented thousands of the accused over the last 30 years, so do not hesitate to contact our law office to find out which defense strategies may be best suited in your case.
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