Offense Levels and Penalties
(Generally)
Felonies
| Felony Level | Prison Time | Maximum Fine |
|---|---|---|
| 1st Degree (F1) | 3 to 11 years | $20,000 |
| 2nd Degree (F2) | 2 to 8 years | $15,000 |
| 3rd Degree (F3) | 9 months to 3 years (up to 5 years for certain “high-level” offenses) | $10,000 |
| 4th Degree (F4) | 6 to 18 months | $5,000 |
| 5th Degree (F5) | 6 to 12 months | $2,500 |
Misdemeanors
| Misdemeanor Level | Jail Time | Maximum Fine |
|---|---|---|
| 1st Degree (M1) | Up to 180 days | $1,000 |
| 2nd Degree (M2) | Up to 90 days | $750 |
| 3rd Degree (M3) | Up to 60 days | $500 |
| 4th Degree (M4) | Up to 30 days | $250 |
| Minor Misdemeanor (MM) | No jail time | $150 |
Bear in mind that maximum penalties are reserved for the worst offenders. Ohio statutes require judges to look to the core purposes of sentencing without imposing unnecessary burdens on government resources. Thus, judges exercise a tremendous amount of discretion and typically take a great variety of factors into account when determining a sentence in a particular case. Judges regularly consider, for example:
- The gravity of the offense
- The severity of harm caused
- The extent of any criminal record (especially for similar offenses)
- Any plea deal made with the State, including any recommendations from the State as to sentencing
- Statements from any victim
- Whether restitution is possible and whether it has been offered or made
- Extenuating circumstances–such as your efforts to rehabilitate yourself, the needs of anyone in your care (e.g., elderly parents), your exhibitions of remorse, whether drugs or mental illness played a role in your behavior, etc.