If you are charged with a crime in Ohio it might be a misdemeanor or felony. A misdemeanor is generally punishable by less than six months in jail per offense. If you have multiple misdemeanors you might face up to six months on each for no more than 18 months in county jail. If you are charged with a felony, you can face six months to the rest of your life in state prison.
Note: Criminal and Traffic Offenses have very many potential collateral consequences and you should consult with one of our attorneys for exact consequences you are facing in your situation. Felonies can also have additional time imposed with specifications, etc.
Felony Process
Charging of felony in Ohio can be done with the issuance of a felony complaint, affidavit, and warrant or direct indictment to a grand jury. You cannot be issued a ticket or cited to court. You will have to turn yourself in if you are not in custody to be processed, photographed, and fingerprinted.
Initial Arraignment
A not guilty plea is usually entered, and the case referred for preliminary hearing if you have not been indicted by a grand jury yet or it is set for a grand jury report date in a few weeks. Bond will be set. This is the amount you will have to pay to get out of jail.
Grand Jury
At Grand Jury the charge or counts can be increased or decreased in number and increased or decreased by level of offense or severity. During this time the prosecutor will present the case to a grand jury who will determine if there is sufficient evidence or probable cause to indict the felony.
Indictment
If you are indicted with one or more felonies, you will have to be arraigned again before a felony Judge or Magistrate. If new charges were added or the severity or degree of the charge was increased, then bond can go up significantly. Bond can also include conditions like house arrest, alcohol or drug monitoring, pretrial services supervision, etc.
Scheduling Conference
This is where your lawyer will set the next court date. The judge might allow one to several pretrial dates to allow the prosecution and defense to exchange discovery before scheduling a plea, pretrial motions date, final pretrial, or jury trial.
Tips
- Dress nice for court.
- Turn off your phone before entering the courtroom.
- Avoid talking in the courtroom until your case is called.
- Do not violate your bond. Common reasons why bond is revoked are getting a new charge, testing positive for drugs or alcohol, being late or missing court, etc.
Ohio Felony Sentencing Chart
| Degree | Sentencing | Prison Time | Max Fine | Post Release Control (PRC/Probation) | PRC Time |
|---|---|---|---|---|---|
| First (F1) | Presumption of Prison | 3-11 years | $20,000 | Required | 5 years |
| Second (F2) | Presumption of Prison | 2-8 years | $15,000 | Required | 3 years / 5 years sex offense |
| Third (F3) High Level aggravated vehicular homicides and assaults, sexual battery, GSI, sex - with a minor, and robbery or burglary with two or more separate aggravated or non- aggravated robberies or burglaries | No Presumption unless theft of firearm or certain sex offenses | 12-60 months | $10,000 | Optional unless sex or violent offense | 3 years / 5 years sex offense |
| Third (F3) Low Level | No Presumption unless theft of firearm or certain sex offenses | 9-36 months | $10,000 | Optional unless sex or violent offense | 3 years / 5 years sex offense |
| Fourth (F4) | Expectation of Community Control (Probation) | 6-18 months | $5,000 | Optional unless sex offense | Up to 3 years / 5 years sex offense |
| Fifth (F5) | Expectation of Community Control (Probation) | 6-12 months | $2,500 | Optional unless sex offense | Up to 3 years / 5 years sex offense |
Note: Felony 1 and 2 offenses are now punishable in Ohio by indefinite sentencing which adds an additional up to 50% more than the stated term.
Ohio Misdemeanor Sentencing Chart
| Degree | Jail Time | Max Fine | Probation |
|---|---|---|---|
| First (M1) | Up to 180 days | $1,000 | Up to 5 years |
| Second (M2) | Up to 90 days | $750 | Up to 5 years |
| Third (M3) | Up to 60 days | $500 | Up to 5 years |
| Fourth (M4) | Up to 30 days | $250 | Up to 5 years |
| Minor (MM) | None | $150 | None |
Attempt
Sometimes a prosecutor will negotiate with the defense attorney and offer to reduce the number of charges or the severity of penalties by reducing the degree of the offense. This is done by offering to make the offense an attempt.
Robert F. Healey, Jr.
Attorney – Of Counsel
Minnillo Law Group Co., LPA
OVI / DUI and Criminal Case Experience
Dayton OVI / DUI Cases
Northern Kentucky Criminal Cases
OVI / DUI and Criminal Case Experience
- Blue Ash Mayor’s Court
- Brown County Common Pleas Court
- Butler County Area I, II, and III Court
- Butler County Common Pleas Court
- City of Hamilton Municipal
- Clermont County Municipal and Common Pleas Court
- Fairfield Municipal
- Hamersville Mayor’s Court
- Hamilton County Municipal and Common Pleas Court
- Harrison Mayor’s Court
- Madeira Mayor’s Court
- Mason Municipal
- Milford Mayor’s Court
- Montgomery Mayor’s Court
- Norwood Mayor’s Court
- Owensville Mayor’s Court
- Reading Mayor’s Court
- Sharonville
- Springdale Mayor’s Court
- Warren County Municipal/County Court and Common Pleas Court
Dayton OVI / DUI Cases
Northern Kentucky Criminal Cases
I have represented clients charged with misdemeanors, felonies, and traffic matters in:
I am also a frequent speaker at the KACDL DUI Defense Seminars. I handle all:
- assault
- carrying a concealed weapon into the airport
- drug trafficking
- felony and misdemeanor drug possession
- fleeing and eluding
- paraphernalia
- persistent felony offenders
- strangulation
- traffic violations
- wanton endangerment
- etc.
Schedule a Consultation
To schedule an appointment for a criminal defense consultation, please contact us today. Our team is here to help.
