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Felony in Ohio

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

Ohio Felony Sentencing Chart

DegreeSentencingPrison TimeMax FinePost Release Control (PRC/Probation)PRC Time
First (F1)Presumption of Prison3-11 years$20,000Required5 years
Second (F2)Presumption of Prison2-8 years$15,000Required3 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 offenses12-60 months$10,000Optional unless sex or violent offense3 years / 5 years sex offense
Third (F3)
Low Level
No Presumption unless theft of firearm or certain sex offenses9-36 months$10,000Optional unless sex or violent offense3 years / 5 years sex offense
Fourth (F4)Expectation of Community Control (Probation)6-18 months$5,000Optional unless sex offenseUp to 3 years / 5 years sex offense
Fifth (F5)Expectation of Community Control (Probation)6-12 months$2,500Optional unless sex offenseUp 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

DegreeJail TimeMax FineProbation
First (M1)Up to 180 days$1,000Up to 5 years
Second (M2)Up to 90 days$750Up to 5 years
Third (M3)Up to 60 days$500Up to 5 years
Fourth (M4)Up to 30 days$250Up to 5 years
Minor (MM)None$150None

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.

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Robert F. Healey, Jr.

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Minnillo Law Group Co., LPA

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