If you or a loved one have been charged with a crime in Ohio, the first thing you should do is ask whether it is a felony or misdemeanor. This distinction can have a significant impact on the penalties you face, the way your case is handled by the court, and the long-term consequences for your life. Understanding the difference between these two types of crimes under Ohio law is crucial to protecting your rights and ensuring fair treatment.
A felony is more serious than a misdemeanor, and can result in more severe penalties, such as jail time. A misdemeanor, on the other hand, is typically less serious, and may only involve fines or community service. It is important to consult an attorney to fully understand all the implications of the charges against you and to ensure you know your options and rights.
How Ohio Classifies Criminal Offenses
Under Ohio Revised Code § 2901.02, criminal offenses in Ohio are divided into several categories: felonies, misdemeanors, minor misdemeanor, and infraction. The classification of a charge depends on the nature of the crime and the degree of harm caused. Felony is the most severe category, while minor misdemeanors are at the lower end of the spectrum.
What Is a Misdemeanor in Ohio?
A misdemeanor is less serious than a felony in Ohio. There are four levels of misdemeanors, including a “minor” category. Penalties for misdemeanors are governed by Ohio Revised Code § 2929.24 and can include up to 180 days in jail, fines, probation and community service.
The degrees of misdemeanors in Ohio include:
- First-degree misdemeanor – up to 180 days in jail and a fine of up to $1,000. This includes simple assault, first-time drunk driving, and petty theft.
- Second-degree misdemeanor – up to 90 days in jail and a fine up to $750. This may include criminal mischief or certain drug possession charges.
- Third-degree misdemeanor – up to 60 days in jail with fines of up to $500.
- Fourth-degree misdemeanor – 30 days in jail and fines of up to $250.
- Minor misdemeanors are traffic violations that do not involve jail time but may result in fines of up to $150.
What Is a Felony in Ohio?
Felonies are the most serious criminal charges in Ohio. Under Ohio Revised Code § 2929.14, felony sentences involve mandatory prison time served in a state correctional institution, not a county jail. Ohio recognizes five levels of felonies, ranging from the least severe to the most severe.
- Fifth-degree felony – 6 to 12 months in prison and fines up to $2,500. Examples: Receiving stolen property, low-level drug trafficking.
- Fourth-degree felony – 6 to 18 months in prison and fines up to $5,000. Examples: Vehicular assault, certain burglary offenses.
- Third-degree felony – 9 months to 5 years in prison and fines up to $10,000. Examples: Aggravated assault, some drug possession charges.
- Second-degree felony – 2 to 8 years in prison and fines up to $15,000. Examples: Robbery, felonious assault.
- First-degree felony – 3 to 11 years in prison and fines up to $20,000. Examples: Rape, aggravated robbery, some drug trafficking offenses.
Key Differences at a Glance
The differences between misdemeanors and felonies go beyond just the length of sentences. Here are some other key differences in Ohio’s legal system that set these two types of crimes apart:
- Court jurisdiction: Misdemeanors are typically heard in Municipal or County Courts, while felonies are heard in the Court of Common Pleas.
- Incarceration Location: Misdemeanors are served in local or county facilities. Felonies are served in Ohio state prisons.
- Right to a Jury Trial: Both felony and serious misdemeanor defendants have the right to a jury trial. However, the procedures for these types of cases differ significantly between courts.
- Collateral consequences of a felony conviction: An individual may lose the right to vote, own firearms, and obtain certain professional licenses. Misdemeanors also have less severe automatic restrictions, but they can still impact employment and housing opportunities.
Can a Charge Be Reduced From a Felony to a Misdemeanor?
Yes, in some cases, Ohio law allows for plea negotiations, diversion programs, and, in certain circumstances, judicial release. An experienced criminal defense attorney can help evaluate whether your case qualifies for a reduction under Ohio’s sentencing laws and will work aggressively on your behalf to advocate for the best possible outcome.
Facing Criminal Charges? We Can Help.
At Axelrod & Hellier, LLP, we understand that a criminal charge – whether a misdemeanor or felony – is one of the most challenging experiences a person can go through. We bring both legal expertise and genuine empathy to every case we handle.
Do not face the Ohio court system alone. If you need legal assistance, contact Axelrod & Hellier, LLP for a free consultation today. We are here to provide you with the peace of mind and strong legal defense that you deserve.