If you are charged with a crime in Ohio, it can be difficult to determine what could happen to you based on reading the law. You need to understand the severity of the charges, misdemeanor vs. felony classes, and how prior offenses are likely to factor into any penalties if you are ultimately found guilty. Possible maximum penalties under Ohio criminal law are really a worst case Understanding what is likely to happen in most cases is critical to making decisions about your legal defense options.
Please contact us for a consultation for help in determining what you are up against when charged with a criminal offense in Ohio. And even more importantly, you can talk to a criminal defense lawyer for a consultation, free of charge, to help you figure out exactly what you can do about it. Ohio Misdemeanor Criminal Charges – Penalties In Ohio, misdemeanors are categorized by degrees of seriousness, with 1st degree being the most serious and a “minor” misdemeanor being the least.
The law which covers the offense you are convicted of will say which class your offense belongs in. If you are convicted of a misdemeanor and the judge decides to sentence you to jail time, you could face the following penalties: 1st Degree Misdemeanor Up to 6 months in jail and fines no more than $1,000. 2nd Degree Misdemeanor Up to 90 days in jail and fines no more than $750. 3rd Degree Misdemeanor Up to 60 days in jail and fines no more than $500.
4th Degree Misdemeanor Up to 30 days in jail and fines no more than $250. “Minor” Misdemeanor Up to $150 in fines. Ref: ORC 2929.24 Ohio Felony Charges – Penalties Felonies are far more serious than misdemeanors. If you are sentenced to a felony you will serve time in a state prison rather than a county jail or local facility. The fines are higher for felonies and you will have to report your conviction when applying for most jobs and some housing.
Like misdemeanors, felonies in Ohio are grouped into degrees, with first degree felonies being the most serious. 1st Degree Felony 3-10 years in prison and up to $20,000 in fines 2nd Degree Felony 2-8 years in prison and up to $15,000 in fines 3rd Degree Felony 1-5 years in prison and up to $10,000 in fines 4th Degree Felony 6-18 months in prison and up to $5,000 in fines 5th Degree Felony 6-12 months in prison and up to $2,500 in fines Ref: ORC 2929.
14 The judge will determine your sentence within the recommended range by looking at the laws, your pre-sentence report, and the severity of the offense. Will I Be Sentenced to Probation? If the judge feels that you would not pose a risk to the community, your sentence may be suspended for you to serve a period of probation. This simply means that your prison or jail sentence will be put on hold while you serve probation.
If you violate the terms of your probation you stand to have this privileged revoked and your original sentence imposed. The terms or rules of your probation are dictated by statute, the judge, and the probation officer assigned to supervise your case. Having an experienced Ohio defense attorney attorney can greatly increases your odds of getting probation rather than an active prison sentence. We can also help if you are facing probation violations.
Ohio Criminal Sentencing Process Once you plead guilty or are found guilty of an offense, you will be sentenced. The judge may sentence you immediately; but more than likely, a future date will be set for sentencing. When determining your sentence, the judge will take several things into consideration. Typically when your sentencing date is set, a pre-sentence investigation will also be ordered Pre-Sentence Investigation The pre-sentence investigation is a tool used in sentencing that is ordered by the judge and completed by a probation officer.
The investigating officer may complete interviews with you, your family or employer, and any victims of your offense. The report created from this investigation will include much information that the judge may find useful in determining your sentence. It will examine everything from your criminal history to your employment and ties to the community. Your pre-sentence report may include: Family history Psychological evaluation or history Connections in the community Employment history Criminal history Victim statements Circumstances of the offense Lastly, the pre-sentence report will include a sentencing recommendation from the investigating officer.
The officer will evaluate whether or not you would be a good candidate for probation, post-release control or other community sentence alternatives. Although the judge is not required to follow the recommendation, he will likely consider it given the officer’s experience in supervising people on probation. Another thing that will be considered in determining your sentence is what the crime you are convicted of.
Each crime if classified in a few different ways. Your crime’s classification and special circumstances will prescribe a sentencing range for the judge to sentence within. Please Share. Facebook 7 Twitter Reddit 0 email
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Ohio’s Leader in Record Expungement and Record Sealing Our Ohio law firm has been in business and located in central Ohio since 1988. We are not an out of state law firm. We know Ohio laws related to Sealing of Criminal Record and Expungement. As trial attorneys and former prosecutors, we have the knowledge and experience to have your criminal record sealed. We handle expungement and record sealing cases in all 88 counties of Ohio.
Client Spotlight We represented a client who wanted to expunge a 5th degree felony from his past. After an immediate denial from the trial court, our team went to work filing an expungement appeal of the ruling in the Ohio Court of Appeals. Not only did we win the appeal, but we were able to secure an expungement, allowing our client to go back to school to further his career. See more great stories like this one in our Client Testimonials.
[embedded content] Recent Ohio Supreme Court ruling, affecting Ohio Expungement requirements The Ohio Supreme Court reviewed a case where the State challenged whether the defendant was required to complete restitution requirements to be eligible. Learn more about the ruling and how it affects expungement eligibility requirements in Ohio. Expungement Laws Changing again on September 19, 2014 The Ohio Legislature passed an amendment that expands the qualifications for obtaining an expungement, also known as sealing of a criminal record.
Governor Kasich signed the bill, and OH SB143 went into effect on September 19th, 2014. If you’ve been turned down for an expungement in the past, this new legislation may clear legal hurdles that prevented your previous application. Read more about this exciting development for record expungement in Ohio. What is an Expungement? In Ohio, the defintion of expungement is a legal process in court which allows you to have all public records of a prior criminal conviction cleared and your court file sealed.
An expungement causes the criminal record to considered as if it never occurred. Criminal Record Expungement is our Emphasis We know Ohio expungement law. We have helped hundreds of people obtain a sealing and expungement of their specific criminal records. This is not just a sideline to our law practice. Rather, we are an Ohio Law Firm with a special emphasis in expungement and sealing of records.
Our fees are fair and competitive. As former prosecutors and serving as criminal defense attorneys, we have the knowledge to make your expungement successful. Talk to our Ohio expungement lawyers about your case up front We will not ask for your credit card information online before we know whether we can help you. We handle Expungement cases in all of Ohio’s 88 counties In many cases, we are able to appear on behalf of our clients, and our clients do not have to personally appear for a hearing.
The procedure takes from 30 days to 3 months (sometimes longer) depending on the court and the complexity of the case. When an expungement is granted, and you are asked questions about criminal convictions, you can honestly answer “no” in many circumstances. Don’t let Criminal Convictions be a permanent scar of your past Criminal records are not automatically expunged with the passage of time.
The only way to remove them is through the legal action of expungement and sealing of the record. Dismissed Charges Can Be Expunged and Sealed Even if your criminal charges were dismissed or you were found not guilty of the charge, the record of your arrest and the charges filed against you are still available for inspection for the public. An expungement of dismissed cases can remove the cloud of suspicion resulting from these records.
Not all Criminal cases can be Expunged There are some limits of to relief that Expungement can provide. We maintain an extensive database containing information about what can and cannot be expunged by statute. If you are interested in expunging your criminal record, we encourage you complete our CONFIDENTIAL FREE NO OBLIGATION CONSULTATION. Just click on our Fee Consult tab or Click the Red Box with the question, “Am I Eligible.
” We will review your case and contact you within 24 hours to advise you and explain the process involved in completing the expungement. + Disclaimer – We only accept cases where the criminal record occurred in Ohio State Courts.