Classification of Ohio Misdemeanors

Ohio classifies misdemeanor offenses into five distinct categories: first, second, third and fourth degree, as well as minor misdemeanors. First degree misdemeanor offenses are considered the most serious, with minor misdemeanors being considered the least.

Sentencing Range for Each Category

Each degree of misdemeanor has a maximum penalty associated with it. These are:

• 1^st degree misdemeanor – up to 6 months in jail
• 2^nd degree misdemeanor – up to 90 days in jail
• 3^rd degree misdemeanor – up to 60 days in jail
• 4^th degree misdemeanor – up to 30 days in jail
• Minor misdemeanor – no jail sentence

In addition to a potential jail sentence, misdemeanor offenses also carry a potential fine. These are:

• 1^st degree misdemeanor – maximum $1000 fine
• 2^nd degree misdemeanor – maximum $750 fine
• 3^rd degree misdemeanor – maximum $500 fine
• 4^th degree misdemeanor – maximum $250 fine
• Minor misdemeanor – maximum $150 fine

However, be aware that certain offenses carry mandatory jail time and different fines. For example, a first DUI/OVI conviction is a 1^st degree misdemeanor, but this offense carries a mandatory 3 days in jail and a maximum fine of $1075. Moreover, judges may impose other penalties and requirements, such as attending a remedial driving course, counseling, lengthy terms of probation and license suspensions.

Examples of Misdemeanor Crimes in Each Category

The following lists common examples of misdemeanor offenses by category.

1^st Degree Misdemeanor

• DUI/OVI
• Assault
• Petty Theft (under $1000)
• Receiving Stolen Property
• Menacing

2^nd degree Misdemeanor

• Obstructing Official Business
• Resisting Arrest
• Sale of Drug Paraphernalia
• Criminal Damaging

3^rd Degree Misdemeanor

• Soliciting
• Negligent Assault

4^th Degree Misdemeanor

• Possession of Marijuana (100-199 grams)
• Loitering
• Disorderly Conduct
• Domestic Violence
• Criminal Trespass

Minor Misdemeanor

• Possession of Marijuana (under 100 grams)
• Disorderly Conduct
• Menacing

Columbus and Delaware, Ohio Misdemeanor Defense Attorney

If you have been charged with a misdemeanor 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.