Understanding the Difference Between Felonies and Misdemeanors in Ohio

When you’re facing charges for a crime, depending on whether the crime is categorized as a misdemeanor or a felony in Ohio will determine the potential penalty (and even possibly how long you’ll wait for trial). If convicted and sentenced to time behind bars, the nature of the charges will also determine where you spend your time. But, what’s the difference between felonies and misdemeanors in Ohio?

Here’s what you should know about the general differences between misdemeanors and felonies. It’s important to talk with an experienced and qualified attorney to get advice about your specific case.

Misdemeanors in Ohio

While misdemeanors are considered less serious offenses than felonies, there are degrees of misdemeanors rated by the seriousness of the crime, as well as the maximum penalty associated with it. 

First-Degree Misdemeanor: This class of misdemeanor is punishable by a fine of up to $1,000, 180 days in jail, or both. Driving under the influence (DUI), domestic violence, carrying a gun without a permit, and petty theft (theft of items valued under $500) fall into this class of misdemeanor. For a first degree misdemeanor, your right to a speedy trial is 90 days.

Second-Degree Misdemeanor: Those charged with a second-degree misdemeanor will face a 90-day maximum sentence in jail, payment of up to a $750 fine, or both. Theft, vandalism, crimes against property, and manufacturing or selling drug paraphernalia are second-degree misdemeanors. As with a first-degree misdemeanor, your right to a speedy trial with a second-degree misdemeanor is 90 days.

Third-Degree Misdemeanor: After a third-degree misdemeanor charge, you may have to spend up to 30 days in jail, pay a maximum fine of $250, or both. Loitering for the purpose of prostitution is a third-degree misdemeanor, as is negligent assault (which means that you’ve injured someone without intending to). Your right to a speedy trial for a third-degree misdemeanor is 45 days.

Fourth-Degree Misdemeanor: Punishable by a maximum jail sentence of up to 30 days, a maximum fine of $250, or both, a fourth-degree misdemeanor charge may result from public indecency, consuming alcohol in a motor vehicle, a second traffic conviction within one year’s time of your first conviction, or criminal trespass. Your right to a speedy trial is 45 days.

Minor Misdemeanor: This class of misdemeanor is punishable by a fine of up to $150 and calls for no jail time. Minor misdemeanors include small traffic infractions such as failure to come to a complete stop at a stop sign, as well as disorderly conduct. With a minor misdemeanor, your right to a speedy trial is 30 days.

Some crimes, like DUI, are considered as misdemeanors in Ohio for the first three offenses. Your fourth DUI charge, however, can be charged as a felony and will result in a much more serious punishment.

Felonies in Ohio

Felonies, which might range from violent crimes such as murder and rape to white color crimes such as embezzlement and identity theft are considered much more serious than misdemeanors. Getting charged with a felony in Ohio will be punishable by time in a penitentiary. Like misdemeanors, felonies are rated and punished according to degrees. 

First Degree Felony: Three to eleven years in prison. 

Second Degree Felony: Two to eight years in prison.

Third Degree Felony: Anywhere from nine to sixty months in prison.

Fourth Degree Felony: Six to eighteen months in prison.

Fifth Degree Felony: Six to twelve months in prison. 

Both felonies and misdemeanors in Ohio can cause serious problems for you legally and financially for years down the road. No matter the type of charges you’re facing, it’s important to engage with counsel right away to ensure the best defense and outcome. Fill out our contact form or call us at 216-621-0794.