Understanding the crime you have been charged with is essential to assisting your criminal defense lawyer in your own defense and knowing how such a charge or conviction can impact your future. According to the National Conference of State Legislatures, about 33% of American adults have a criminal record, so you’re not alone. The difference between a felony and a misdemeanor is much larger than just classifications, and understanding those differences is crucial to the decision-making in your case.
What is a Felony in Ohio?
In Ohio, felonies are more serious crimes that can be punished by a sentence of at least a year in incarceration. Felonies typically also carry higher fines. Felonies, once bound over from municipal courts and an indictment has been filed, are generally handled in the Court of Common Pleas in the county where the alleged crime occurred.
Felonies in Ohio are categorized into five (5) degrees, unless the felony is unclassified, like murder. First-degree felonies (F1) are the most serious felony classification, not including unclassified felonies, and are punishable by up to eleven (11) years and a $20,000 fine. Second-degree felonies (F2) are the second most serious felony classification. An F2 can carry up to an eight (8) year prison sentence and a $15,000 fine. Third-degree felonies (F3) are punishable by a sentence of up to five (5) years and a $10,000 fine. Fourth-degree felonies (F4) can carry a sentence up to eighteen (18) months and a $5,000 fine. Fifth-degree felonies (F5) are punishable by up to twelve (12) months incarceration and a $2,500 fine.
Depending on the conviction, felonies can also carry mandatory terms of incarceration, sex offender registration, and lifetime consequences for future opportunities such as voting rights, housing, employment, and firearm rights. Common felony offenses include certain weapons violations; burglary; sexual battery and rape; abduction; and murder.
What is a Misdemeanor in Ohio?
While still serious and should be handled with just as importance, misdemeanors are less serious offenses punishable by one-hundred and eighty (180) days in jail and lower fines. Generally, misdemeanors are handled by the municipal courts that have jurisdiction over the area where the alleged crime occurred. Sometimes, certain misdemeanors and traffic violations are handled by a Mayor’s Court instead of a municipal court.
Common misdemeanor offenses include operating a vehicle under the influence (OVI); certain thefts; disorderly conduct; assault; and domestic violence. Beyond jail time and fines, misdemeanors can also be punishable by community control sanctions, lifetime consequences; and license suspensions.
First-degree misdemeanors (M1) are the most serious misdemeanors and are punishable by one-hundred and eighty (180) days in jail and a $1,000 fine. Second-degree misdemeanors (M2) are punishable by ninety (90) days in jail and a $750 fine. Third-degree misdemeanors (M3) can carry a jail sentence of up to sixty (60) days and a $500 fine. Fourth-degree misdemeanors (M4) are punishable by up to thirty (30) days in jail and a $250 fine. Minor misdemeanors (MM) do not have any jail time but can be punishable by a fine of up to $150.
Why Does It Matter Whether My Charge is a Felony or a Misdemeanor?
The difference between a misdemeanor and a felony not only impacts your criminal record and potential punishments, but it impacts how your legal team will approach the case, the price and condition of your bond, possible resolutions, and whether your conviction can be sealed in the future. Whether your charge is a felony or misdemeanor, and what classification of those, will determine whether you are eligible for diversion programs. Finally, although both felonies and misdemeanors carry long-term consequences, more serious felonies can dramatically change your future in relation to job opportunities, housing, firearm rights, and more.
Next Steps
At AJLJ Law Firm, we understand the criminal legal system is complex and overwhelming. If you are unsure what classification the crime you have been charged with is, a complaint, indictment, or public docket will typically show what level crime you have been charged with. However, if it is unclear, it is in your best interest to consult a criminal defense lawyer. Not only can our team at AJLJ explain your criminal charges, but we will be in your corner, fighting for the best possible outcome, every step of the way.
