Classification of Ohio Felonies

Ohio classifies felony offenses into five distinct categories: first, second, third, fourth and fifth degree felonies. First degree felony offenses are considered the most serious, with fifth degree felony offenses being considered the least.

Sentencing Range for Each Category

Each category of felony has a maximum penalty associated with it. These are:

• 1^st degree felony – 3-11 years in prison
• 2^nd degree felony – 2-8 years in prison
• 3^rd degree felony – 9 months – 5 years
• 4^th degree felony – 6-18 months
• 5^th degree felony – 6-12 months

In addition to a potential prison sentence, felony offenses also carry a potential fine. These are:

• 1^st degree felony – maximum $20,000 fine
• 2^nd degree felony – maximum $15,000 fine
• 3^rd degree felony – maximum $10,000 fine
• 4^th degree felony – maximum $5000 fine
• 5^th degree felony – maximum $2500 fine

Furthermore, the court has the discretion to impose additional penalties, such as the loss of driving privileges for a period of time or permanently, lengthy probation terms, restitution to victims, counseling, drug rehabilitation, etc. For 1^st and 2^nd degree felonies, there is a presumption of prison. 4^th and 5^th degree felonies carry a presumption against prison time. 3^rd degree felonies carry no presumption.

Felonies Not Defined by Category

Aggravated murder and murder under Ohio law are not classified according to the system above. Instead, Ohio provides specific penalties for both of these offenses. For aggravated murder, the penalty ranges from death to life in prison with the possibility of parole after 20 years. A murder conviction will result in a prison sentence ranging from 15 years in prison to life without the possibility of parole.

Examples of Felony Crimes in Each Category

The following lists common examples of felony offenses by category.

Unclassified Felony

• Aggravated Murder
• Murder

1^st Degree Felony

• Certain Drug Possession, Drug Trafficking and Illegal Drug Manufacture Offenses
• Aggravated Robbery
• Rape
• Kidnapping

2^nd Degree Felony

• Certain Drug Possession, Drug Trafficking and Illegal Drug Manufacture Offenses
• Robbery
• Burglary
• Felonious Assault

3^rd Degree Felony

• Certain Drug Possession, Drug Trafficking and Illegal Drug Manufacture Offenses
• Assault
• Receiving Stolen Property (when the property is valued at $150,000 or more)
• Carrying Concealed Weapon (CCW)

4^th Degree Felony

• Certain Drug Possession and Drug Trafficking Offenses
• Domestic Violence (if previously convicted of domestic violence or certain other offenses)
• Aggravated Assault
• Grand Theft

5^th Degree Felony

• Marijuana Possession, Trafficking and Illegal Cultivation (depends on amount)
• Theft (provided value of property is $1000-$7499)
• Criminal Damaging (if involving aircraft)

Statute of Limitations

Except for aggravated murder and murder, Ohio has a statute of limitations for many felony offenses in Ohio of 6 years. Certain offenses, including rape, aggravated arson, voluntary and involuntary manslaughter, robbery, and burglary have a statute of limitations of 20 years.

Columbus and Delaware, Ohio Felony Defense Attorney

If you have been charged with a felony offense in Columbus or Delaware, Ohio, call Johnson Legal, LLC at (614) 987-0192. Attorney David Johnson is an experienced criminal defense attorney who will discuss your case, assist you in preparing a strong defense, and vigorously defend you against the charges.