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.
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.
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.
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.
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.
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.
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|
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|
|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|
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|
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.
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