Ohio Felony: Laws, Penalties, Sentencing, and Records

In Ohio, a severe crime punishable by more than one year in prison is known as a felony. These crimes carry life-changing consequences that include incarceration, hefty fines, restricted civil rights, and criminal records. The weight of these consequences underscores the seriousness of felonies in Ohio.

What Is Considered a Felony in Ohio?

Felonies in Ohio are defined under the Ohio Revised Code (ORC, Title 29 – Crimes). Certain crimes, such as violent crimes, arson, burglary, grand theft, trafficking, and unlawful possession of drugs, are charged as felonies in Ohio. Other crimes in the category include fraud, embezzlement, securities violations, identity theft, and illegal possession of firearms.

Misdemeanors may also be elevated to felonies when the crimes exceed a certain threshold, such as theft with a property value of more than $1,000. The law enforcement officials may charge an assault as a felony when it results in serious injury or involves a deadly weapon.

What Is a Felony in Ohio?

Ohio law defines a felony as any serious offense punishable by more than one year in any of the state correctional facilities. Unlike felonies, misdemeanors are punishable by staying in county jail for less than a year.

Facing felony charges is a serious issue that may have grave consequences and impact an individual. The convictions carry more than immediate penalties of prison time and fines. It may affect future employment, loss of civil rights, inability to acquire professional licenses, housing options, immigration difficulties, and quality of life.

Felony Classes and Penalties in Ohio

Ohio's legal system broadly classifies felony crimes into violent and non-violent offenses. A violent offense involves the use of physical objects to threaten or inflict pain on an individual. A non-violent offense simply excludes the use of physical objects in a crime.

Ohio Felony Degrees

State law further categorizes felonies into a comprehensive range of five degrees (First through Fifth Degree). These are listed below:

• Unclassified Felonies
  • Includes crimes like aggravated murder and murder.
  • Penalty: Life imprisonment or the death penalty.
• First-Degree Felony
  • Includes rape, kidnapping, major drug trafficking, and voluntary manslaughter.
  • Penalty: Maximum of 11 years in prison or life imprisonment.
  • Fine: Up to $20,000.
• Second-Degree Felony
  • Includes robbery, burglary, and mid-level drug trafficking.
  • Penalty: Carry a sentence of 2 to 8 years in prison.
  • Fine: Up to $15,000.
• Third-Degree Felony
  • Includes vehicular homicide, bribery, certain firearm offenses, and some fraud cases.
  • Penalty: 9 to 36 months (or up to 5 years in some cases).
  • Fine: Up to $10,000.
• Fourth-Degree Felony
  • Includes grand theft of a motor vehicle, forgery, and certain drug possession offenses.
  • Penalty: 6 to 18 months.
  • Fine: Up to $5,000.
• Fifth-Degree Felony
  • Includes minor fraud, lower-level drug possession, and small-scale thefts.
  • Penalty: 6 to 12 months.
  • Fine: Up to $2,500.

Felony Sentencing Guidelines in Ohio

Ohio provides a sentencing guide that provides insights into the range of penalties associated with each felony case. The guidelines are recommendations that judges use in determining the appropriate penalty for a felony crime. These guidelines are not mandatory but serve as a guide for the judge presiding over a felony case.

Sentencing may also be affected by judicial discretion or the presence of aggravating and mitigating factors.

Key Sentencing Factors in Ohio include:

• Statutory Ranges: We have a specific range of penalties associated with each felony crime.
• Mandatory Minimums: These are crimes that require a minimum sentence.
• Aggravating Factors: Repeat offenses, violent conduct, crimes against minors or elderly victims, and gang activity.
• Mitigating Factors: First-time offender status, cooperation with law enforcement, or rehabilitation efforts.
• Repeat Violent Offender Specifications: Individuals with a history of repeated felonies may face enhanced penalties.
• Victim Impact: The judge will also consider the extent of the injury suffered by the defendant.
• Habitual Offender Enhancements: Persistent felons can receive extended terms.
• Probation and Parole: In some cases, the court allows probation and parole as an alternative to prison time.

Felony Laws and Procedures in Major Ohio Cities

It is better to consult the clerk of the court of common pleas in the county where felony cases are prosecuted for guidance and procedures. Contacts for some courts of common pleas in major counties are listed below:

Columbus (Franklin County)

The Franklin County Court of Common Pleas manages the prosecution of felony cases in Columbus. The court allows the public to view its local rules online.

Cleveland (Cuyahoga County)

Felony cases in Cleveland are tried in the Cuyahoga County Court of Common Pleas. The office of the Cuyahoga County Clerk assists individuals with the filing of criminal cases.

Cincinnati (Hamilton County)

Felonies in Cincinnati are prosecuted in the Hamilton County Court of Common Pleas.

How to Search for Felony Records in Ohio

According to Ohio’s Public Record Laws, individuals may freely access criminal records, including felony convictions. However, the state prohibits sealed or expunged records from public disclosure, and certain information on the records may be redacted. Individuals may request the sealing of certain felony records after waiting periods.

Ohio provides several ways to access felony records, including:

Ohio Supreme Court Case Search

The Ohio Supreme Court provides a Case Search Portal that enables the public to search for felony records in any county by name or case number.

Court of Common Pleas Clerks

Members of the public may visit the Clerk of Courts of Common Pleas in the county where the case was prosecuted. They must show proof of identification and pay a fee to obtain copies of the criminal records.

Ohio Bureau of Criminal Investigation (BCI)

The Bureau of Criminal Investigation maintains criminal history records for all the counties in the state. Individuals.

Local Police Departments and Sheriff’s Offices

Individuals may contact the law enforcement agencies to obtain copies of felony case files from arrest and incident reports.

Why Understanding Felonies in Ohio Matters

Felony convictions in Ohio have serious consequences that change the life of an individual forever. It may lead to immediate crises such as prison terms and payment of fines. It also restricts their civil rights, limits job opportunities, and impacts access to housing. Therefore, individuals, employers, and organizations must understand Ohio felony laws, penalties, and how to access the record.

Felonies in Ohio are divided into five degrees, with unclassified felonies for capital offenses. The consequences of felonies are numerous and severely impact the trajectory of an individual’s life. Such consequences include a range of legal, social, and economic implications that may hinder their integration back into society. Sentencing is guided by various factors, and record seekers may access felony records online or in person at multiple locations.