Felonies are the most serious type of criminal offense in the state. Convictions often involve lengthy prison terms, among other serious penalties. How do judges decide what sentence you should receive after a guilty plea or verdict? Is there anything you can do to minimize the consequences?
An experienced Ohio criminal defense lawyer can answer these questions and advocate for you, from initial investigation to final resolution. Here’s what everyone should know about the felony sentencing process.
Ohio classifies felonies by degree, from first-degree felonies to fifth-degree felonies. First-degree felonies carry the most severe penalties, while fifth-degree felonies carry the lightest:
Fines are usually up to $20,000, depending on the crime and degree. Judges consider the statutory range and the specific situation when deciding a sentence.
Ohio law requires judges to weigh a variety of factors when imposing a sentence. The judge will consider factors like how severe the crime is, whether you have a prior record, and whether you show remorse or take responsibility for your actions.
The court also considers how likely you are to be rehabilitated and whether you’re a danger to public safety. If the crime involved violence or a threat to the community, judges may decide on incarceration over other sentencing options. Nonviolent felonies sometimes allow alternative sentencing options like probation, community control, and treatment programs.
Some felony charges have mandatory minimum sentences. That means the judge has less discretion in how much prison time you’ll serve. For example, certain drug offenses or firearms charges require a minimum prison term. Repeat felony convictions also trigger longer sentences under Ohio’s recidivist laws.
Besides mandatory minimums, sentencing enhancements generally increase the penalties. Aggravating factors like using a weapon or committing a crime against a vulnerable victim often result in longer sentences.
However, many felony cases are resolved through plea agreements. By pleading guilty to a lesser offense or agreeing to certain conditions, you may be able to reduce the potential sentence. Judges aren’t required to accept a plea deal, but they will usually consider it. Your defense attorney will explain your options and the potential outcomes so you can make an informed decision.
Ohio law has limited ways to challenge or modify a sentence. For example, you may be eligible for judicial release, which allows a court to reduce a prison term under certain circumstances. Appeals may be possible if your sentence violates statutory requirements or is otherwise improper.
Probation and community control also offer alternatives to prison, if you’re eligible. Probation requires regular check-ins with a probation officer and other strict conditions. Community control usually involves additional restrictions or treatment programs. If you successfully complete these requirements, that can sometimes lead to early release or reduced supervision.
Felony convictions can affect your ability to find housing, employment, and obtain or keep professional licenses. Certain convictions may also limit voting rights and firearm possession. When you know how sentencing works, what factors a judge considers, and the options available to you, that helps you make the right decision for you.
If you need guidance on felony charges or sentencing in Ohio, contact McNamee Defense today. Our criminal defense attorney can advocate for an outcome that best protects your rights.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.