Being accused of a crime is devastating, not only for you but for your entire family. Understanding what you are facing and having an experienced criminal defense attorney on your side can provide the peace of mind you need in order make critical decisions about your future.
When you are facing criminal charges, the last thing you want to hear is legalese from an attorney. You want straight answers. In this blog post, we look at the most frequently asked questions and break down the answers in easy-to-understand terms.
What is a Felony Charge in Ohio?
Felony charges are very serious, and a conviction can follow you for the rest of your life. A felony conviction can make it difficult to obtain a job, run for public office, or purchase a firearm. We are often asked what are the felony charges 1-5 in Ohio and what are the penalties? The state of Ohio has 5 categories of felony charges that range in severity and penalties.
- First degree felony
- Penalty: Imprisonment up to 11 years and fine up to $20,000
- Examples: Aggravated Robbery, Kidnapping, Voluntary Manslaughter.
- Second degree felony
- Penalty: Imprisonment up to 8 years and a fine up to $15,000
- Examples: Abduction, Criminal Gang Participation, Felony Assault.
- Third degree felony
- Penalty: Imprisonment up to 5 years and a fine up to $10,000
- Examples: Bribery, Involuntary Manslaughter, Robbery.
- Fourth degree felony
- Penalty: Imprisonment up to 18 months and a fine up to $5,000
- Examples: Aggravated Assault, Elder Abuse, Felony DUI.
- Fifth degree felony
- Penalty: Imprisonment up to 12 months and a fine up to $2,500
- Examples: Breaking & Entering, Credit Card Fraud, License Plate Theft.
Murder and aggravated murder are unclassified felonies that are not categorized by degree. These two crimes are punishable by death, life in prison without parole, and a fine up to $25,000.
How long can a Felony Charge be pending?
This question can be a bit tricky depending upon individual circumstances. In most instances, if you come under suspicion of committing a felony, the next step in the Ohio felony procedure is waiting on a felony indictment. The length of time a prosecutor has to bring charges varies based upon the crime and statute of limitations for the crime in question.
In Ohio violent crimes like murder have no statue of limitations, which means a criminal case can be filed at any time. Other crimes have shorter statutes of limitations; however, Ohio has a general guideline based upon the category of crime. The general time limits are:
- Felony – Six Years
- Misdemeanor – Two Years
- Minor Misdemeanor – Six Months
It is important to note that this general guideline does not include more serious offenses including manslaughter, negligent homicide, sexual battery, felony assault, robbery and burglary. For specifics as it relates to your case, call our experienced criminal defense attorney today.
Is Petty Theft A felony in Ohio?
In the state of Ohio, petty theft is not a felony, it is classified as a first-degree misdemeanor. This means the property that was stolen is valued at less than $1,000 and is punishable by a fine up to $1,000 and jail time up to 180 days.
If you are being charged with petty theft for the first time without a previous criminal conviction, there are options available to you other than jail time. The state of Ohio offers pre-trial theft diversion programs. Give us a call today to review the eligibility requirements and details of the program.
Theft becomes classified as a felony when the property stolen is valued at more than $1,000. These felony thefts are categorized across five degrees with varying punishments.
- First degree felony – Aggravated Theft
- Stolen property is valued at over $1,500,000
- Penalty: Imprisonment up to 11 years and fine up to $20,000
- Second degree felony – Aggravated Theft
- Stolen property is valued between $750,000 and $1,500,000
- Penalty: Imprisonment up to 8 years and a fine up to $15,000
- Third degree felony – Aggravated Theft
- Stolen property is valued between $150,000 and $750,000
- Penalty: Imprisonment up to 5 years and a fine up to $10,000
- Fourth degree felony – Grand Theft
- Stolen property is valued between $7,500 and $150,000
- Penalty: Imprisonment up to 18 months and a fine up to $5,000
- Fifth degree felony theft
- Stolen property is valued between $1,000 and $7,500
- Penalty: Imprisonment up to 12 months and a fine up to $2,500
With over 25 years of experience and hundreds of trials in criminal litigation, Darren will be able to fight for your freedom. Don’t let fear and anxiety prevent you from making smart decisions about your future. Parks and Meade can provide defenses for:
