Ohio Criminal Defense Guide — Charges & Process

Ohio divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

• Class First degree (indefinite; stated minimum term, maximum = minimum + 50% under § 2929.144) felony: 3–11 years, up to $20,000 fine - Class Second degree (indefinite; stated minimum term, maximum = minimum + 50% under § 2929.144) felony: 2–8 years, up to $15,000 fine - Class Third degree (9–36 months; 12–60 months for the enumerated offenses) felony: 0.75–3 years, up to $10,000 fine - Class Fourth degree (6–18 months) felony: 0.5–1.5 years, up to $5,000 fine - Class Fifth degree (6–12 months) felony: 0.5–1 years, up to $2,500 fine

Misdemeanor classifications §2929.24

• Class First degree misdemeanor: up to 6 months, $1,000 fine - Class Second degree misdemeanor: up to 3 months, $750 fine - Class Third degree misdemeanor: up to 2 months, $500 fine - Class Fourth degree misdemeanor: up to 1 months, $250 fine - Class Minor misdemeanor: up to 0 months, $150 fine

Every person accused of a crime in Ohio has constitutional protections:

• Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
• Right to an attorney — If you cannot afford one, one will be appointed. Counties pay appointed counsel for indigent defendants under a county fee schedule. The state public defender supervises county public defender offices, joint county public defender offices, and county appointed counsel systems for compliance with Ohio Public Defender Commission standards, and reimburses counties, with reimbursement subject to denial if a county system fails to meet those standards.
• Right to a speedy trial — Ohio provides a specific speedy trial deadline: 270 days §2945.71. Ohio has specific statutory speedy trial limits: 30 days for minor misdemeanors, 45 days for 3rd/4th degree misdemeanors, 90 days for 1st/2nd degree misdemeanors, and 270 days for felonies (§2945.71). Time held in jail in lieu of bail on the pending charge may count at an accelerated rate toward the limit; confirm the exact credit with a lawyer. Upon a timely motion, a person charged with a misdemeanor who is not tried within the limit is discharged. A person charged with a felony becomes eligible for release from detention. The felony charges are dismissed with prejudice only if the person is not brought to trial within fourteen days after a motion is filed, or after the court determines the time has expired (§2945.73).
• Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
• Right to confront witnesses — You may cross-examine every witness the state calls against you

Probation in Ohio: Community control sanctions: up to 5 years. Residential sanctions, community service, and day reporting may be imposed as conditions. §2929.15 et seq..

Ohio does allow certain criminal records to be sealed or expunged §2953.31 et seq.. Waiting periods: Sealing: 6 months after final discharge for minor misdemeanors; 1 year for other misdemeanors and fourth/fifth degree felonies; 3 years for one or two third degree felonies. Expungement: 1 year after final discharge for misdemeanors (6 months for minor misdemeanors); for felonies, 10 years after the sealing eligibility date. Ohio law provides both sealing and expungement of conviction records, with separate waiting periods; some offenses (third/fourth degree misdemeanor domestic violence, protection-order violations) may be sealed but not expunged (§2953.32). Ineligible convictions include first/second degree felonies, felony offenses of violence that are not sexually oriented offenses, sexually oriented offenses subject to registration, offenses against victims under 13 (except nonsupport), and third degree felonies where the offender has certain other convictions. Victims of human trafficking may apply at any time to expunge records of not-guilty findings or dismissed charges that resulted from their trafficking (§2953.521).