What Is Considered A Felony Vs. A Misdemeanor In Ohio?

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What Is Considered A Felony Vs. A Misdemeanor In Ohio?

Being convicted of a criminal offense can have significant repercussions for your freedom, finances, and future. Most criminal convictions involve such penalties as fines and a period of incarceration, but these consequences can vary dramatically based on the nature and severity of the offense. Ohio divides criminal offenses into two main categories: felonies and misdemeanors. Here’s a closer look at the key distinctions between them.  

Ohio Felonies and Penalties

A felony is the most serious category of criminal offense in Ohio and generally involves significant harm to victims, large financial losses, or conduct that threatens public safety. Felony convictions carry the possibility of at least six months in prison and heavy fines. Ohio law divides felonies into five degrees, with first-degree felonies being the most serious and fifth-degree felonies being the least severe:

  • First-Degree Felonies – Examples of first-degree felonies include murder, manslaughter, rape, kidnapping, and the trafficking of human beings or drugs. Penalties can include three to 11 years in prison (or more for some offenses) and fines of up to $20,000.
  • Second-Degree Felonies – Crimes such as felonious assault, certain drug offenses, certain sex offenses, and high-value theft fall into this category. Sentences range from two to eight years in prison, with fines of up to $15,000.
  • Third-Degree Felonies – Robbery, assault with a motor vehicle, and certain drug, sex, and financial crimes are some examples of third-degree felonies. Punishments typically include nine months to five years in prison and fines of up to $10,000.
  • Fourth-Degree Felonies – These may involve unlawful sexual conduct with a minor, certain theft and weapons offenses, Medicaid fraud, and certain drug offenses. Penalties range from six to 18 months in prison and fines of up to $5,000.
  • Fifth-Degree Felonies – Fifth-degree felonies are the least severe felony charges. Certain drug, firearm, and theft charges qualify, as do certain offenses involving motor vehicles. These carry six to 12 months in prison and fines of up to $2,500.  

Ohio Misdemeanors and Penalties

Misdemeanors are less serious than felonies but still carry consequences that can affect a person’s record and reputation. Like felonies, misdemeanors are classified by degree, and first-degree offenses are the most serious. But unlike felonies, misdemeanor sentences are served in local jails rather than state prisons, and the maximum jail term is shorter:

  • First-Degree Misdemeanors – These are the most serious misdemeanors and include offenses such as petty theft, driving under the influence (DUI/OVI), and assault. Penalties may include up to six months in jail and fines of up to $1,000.
  • Second-Degree Misdemeanors – Examples of second-degree misdemeanors include resisting arrest or certain traffic offenses. Sentences can reach up to 90 days in jail and fines of up to $750.
  • Third-Degree Misdemeanors – Offenses such as negligent assault or criminal mischief often fall into this category. Punishments may include up to 60 days in jail and fines of up to $500.
  • Fourth-Degree Misdemeanors – Some fourth-degree misdemeanors include public indecency, disorderly conduct, possession of drug paraphernalia, and some minor theft cases. Penalties can include up to 30 days in jail and fines of up to $250.
  • Minor Misdemeanors – These are the least serious charges and include offenses like simple possession of controlled substances or traffic violations such as speeding. They do not involve jail time but can result in fines of up to $150.  

Contact a Criminal Defense Attorney to Discuss Your Case

Are you facing criminal charges in Ohio? Having a strong criminal defense attorney in your corner can make a difference in the outcome of your case. Contact McNamee Defense today to review your case for free with an aggressive, results-driven defense lawyer and learn more about your legal options.

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