Criminal Defense Lawyers

Ohio Crimes: Laws & Penalties

Understanding Ohio Crimes: Laws and Penalties

Ohio’s Crime Classification System

First things first, let’s talk about how Ohio categorizes criminal offenses. The state divides crimes into two main buckets: misdemeanors and felonies.

• Misdemeanors are less serious offenses that carry lighter penalties, generally involving fines and short jail sentences served in local jails.

• Felonies, on the other hand, are more severe crimes that come with heftier fines and longer prison terms served in state correctional facilities.

Pretty straightforward so far, right? Now, within each of these categories, there are different degrees or levels of severity. Ohio has five degrees of felonies and five classes of misdemeanors. Let‘s break those down further.

Misdemeanor Classifications

Here’s a quick rundown of Ohio‘s misdemeanor classes, starting with the least serious:

• Minor Misdemeanors: The lowest level, these offenses don’t involve jail time and have a maximum fine of $150

• Fourth-Degree Misdemeanors: Punishable by up to 30 days in jail and a $250 fine

• Third-Degree Misdemeanors: Carry a potential 60-day jail sentence and $500 fine

• Second-Degree Misdemeanors: Can result in 90 days behind bars and a $750 fine

• First-Degree Misdemeanors: The most serious misdemeanors, with penalties of up to 180 days in jail and $1,000 in fines

So, what kind of offenses fall into these categories? Here are a few examples:

• Disorderly conduct, a fourth-degree misdemeanor
• Petty theft, generally a first-degree misdemeanor
• First-offense OVI (operating a vehicle under the influence), typically a first-degree misdemeanor

Felony Degrees

Now, let‘s take a look at how Ohio classifies its felonies, from least to most severe:

• Fifth-Degree Felonies: The lowest level of felony, punishable by 6-12 months in prison and up to $2,500 in fines

• Fourth-Degree Felonies: Carry 6-18 months imprisonment and a maximum $5,000 fine

• Third-Degree Felonies: Can result in 1-5 years in prison and up to $10,000 in fines
• Second-Degree Felonies: Punishable by 2-8 years behind bars and fines reaching $15,000

• First-Degree Felonies: The most serious felonies, with potential sentences of 3-11 years in prison and up to $20,000 in fines1.

Some common examples of felony offenses include:

• Grand theft (value over $1,000), typically a fourth-degree felony
• Robbery, generally a second or third-degree felony
• Rape, a first-degree felony

Sentencing Guidelines and Factors

Okay, so we’ve covered the different levels of crimes and their potential penalties. But how do judges actually decide on a sentence within those ranges? That‘s where Ohio‘s sentencing guidelines and factors come into play.When determining a sentence, judges must consider the overriding purposes of felony sentencing:

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1. Protecting the public from future crime by the offender and others
2. Punishing the offender
3. Promoting the effective rehabilitation of the offender

They also have to weigh certain seriousness and recidivism factors, like:

• The physical or mental injury suffered by the victim
• The offender’s prior criminal record
• Whether the offender shows genuine remorse

These factors can either increase or decrease the severity of the sentence within the statutory range. Let’s look at an example to illustrate how this works in practice. Say someone is convicted of a third-degree felony theft offense. The judge will start with the presumptive sentencing range of 1-5 years in prison and up to $10,000 in fines. Then, they‘ll consider the specifics of the case. If the offender has a lengthy criminal history and the victim suffered significant financial harm, the judge may lean towards the higher end of the range. On the flip side, if the offender is a first-time offender who seems genuinely remorseful, the judge might opt for a sentence on the lower end of the spectrum.

Mandatory Minimum Sentences

In some cases, Ohio law sets mandatory minimum sentences for certain offenses, which means the judge must impose at least that minimum term. This often applies to drug trafficking, violent crimes, and repeat offender situations.For instance, trafficking in cocaine carries the following mandatory minimums based on the amount involved:

• Less than 10 grams: 6 months
• 10-20 grams: 1 year
• 20-27 grams: 2 years
• 27-100 grams: 3 years

So, even if mitigating factors might otherwise justify a lower sentence, the judge’s hands are tied by the mandatory minimum. It’s important to be aware of these provisions, as they can significantly impact the outcome of a case.

Plea Bargains and Sentencing

In the vast majority of criminal cases, the defendant doesn’t actually go to trial. Instead, they reach a plea bargain with the prosecution. This usually involves pleading guilty to a lesser charge or agreeing to a specific sentence in exchange for the dismissal of other counts. For example, someone facing a first-degree felony drug possession charge might plead down to a third-degree felony with a recommended sentence of 2 years in prison. If the judge accepts the plea deal, that’s the sentence they‘ll impose. Plea bargaining can be a powerful tool for defendants, as it provides some certainty and often results in a lighter sentence than they might face if convicted at trial. However, it’s crucial to have an experienced criminal defense attorney negotiate on your behalf to ensure you‘re getting the best possible deal.

Probation and Community Control Sanctions

Not every conviction results in a prison or jail sentence. In some cases, particularly for lower-level offenses or first-time offenders, the judge may impose probation or community control sanctions instead. Probation involves releasing the offender back into the community under certain conditions and supervision. Common conditions might include:

• Regular check-ins with a probation officer
• Drug testing and treatment
• No contact with the victim
• Paying restitution to the victim

If the offender violates any of these conditions, the judge can revoke probation and impose a jail or prison sentence.Community control sanctions are similar but can include additional requirements like:

• House arrest or electronic monitoring
• Community service
• Curfews
• Participation in educational or vocational programs

These alternatives to incarceration aim to rehabilitate the offender while still holding them accountable for their actions. They can provide a second chance for those who are deemed low-risk and likely to benefit from treatment and supervision in the community.

Financial Sanctions and Restitution

In addition to jail time and probation, Ohio judges can impose various financial sanctions as part of a criminal sentence. These might include:

• Fines, which are paid to the court and can range from a few hundred to tens of thousands of dollars depending on the offense
• Restitution, which is money paid to the victim to compensate for their economic loss, like medical bills or stolen property value
• Court costs, covering things like filing fees, jury fees, and other administrative expenses

Judges must consider the offender’s ability to pay when imposing financial sanctions. If someone is indigent and unable to pay, the court may waive or modify the fines and costs. Restitution, on the other hand, is mandatory in cases involving economic loss to the victim. The court will order the offender to pay the full amount of the victim’s loss, regardless of their ability to pay. This ensures the victim is made whole and doesn’t bear the financial burden of the crime.

Sex Offender Registration and Monitoring

Certain sex offenses in Ohio come with additional consequences beyond the standard penalties. Offenders convicted of crimes like rape, sexual battery, and gross sexual imposition are required to register as sex offenders and submit to ongoing monitoring and restrictions.The specific requirements depend on the tier level of the offense:

• Tier I offenders must register annually for 15 years

• Tier II offenders must register every 180 days for 25 years

• Tier III offenders must register every 90 days for life

Registered sex offenders are prohibited from living within 1,000 feet of a school, preschool, or daycare center. They also must provide notice of any change of address, employment, or school enrollment. Failure to comply with these registration and notification requirements is a felony offense in itself, carrying additional prison time. It’s crucial for sex offenders to understand and strictly adhere to these obligations to avoid further legal trouble.

Juvenile Offenders

So far, we’ve focused on adult offenders, but Ohio‘s juvenile justice system operates a bit differently. Juvenile courts have jurisdiction over offenders under 18 and aim to balance rehabilitation with accountability. For misdemeanors and lower-level felonies, juvenile courts typically focus on community-based interventions like:

• Counseling and therapy
• Substance abuse treatment
• Educational and vocational programs
• Probation and supervision

More serious offenses may result in placement in a juvenile detention facility or even transfer to adult court for prosecution. However, the primary goal is still to provide treatment and services to address the underlying issues and prevent future delinquency. One key difference in juvenile court is that there‘s no right to a jury trial. Instead, cases are heard and decided by a judge. Juvenile records are also generally sealed and not available to the public, to avoid stigmatizing youthful offenders as they move into adulthood.

Expungement and Sealing of Records

Even after serving their sentence, a criminal conviction can haunt someone for years, making it difficult to find employment, housing, and educational opportunities. Ohio law provides a mechanism for certain offenders to have their records sealed or expunged.

Sealing means the record is hidden from public view but can still be accessed by law enforcement and some employers. 

Expungement is a more complete remedy, where the record is destroyed as if the offense never occurred.

Not all offenses are eligible for sealing or expungement. Generally, the following criteria apply:

• The offense must be a misdemeanor or low-level felony
• A certain amount of time must have passed since the conviction (1-3 years for misdemeanors, 3-5 years for felonies)
• The offender must have no subsequent convictions
• The offender must have completed all terms of their sentence, including paying fines and restitution

If granted, sealing or expungement can provide a fresh start and remove barriers to moving forward in life. It’s a valuable tool for those who have demonstrated rehabilitation and deserve a second chance.