Misdemeanors And Felonies In Cincinnati Ohio
Ohio law defines criminal laws, and the penalties for violations of those laws, as either misdemeanors or felonies. These laws also protect people from unethical law enforcement practices and false allegations.
Joslyn Criminal Defense Law Firm has defended more than 20,000 criminal cases in Ohio. As a teen, Brian Joslyn was a victim of police brutality who understands how overwhelming the criminal justice process can be for a defendant. As a result, he has dedicated his life to ensuring that every defendant has the benefit of passionate representation from someone who knows the law and cares about applying it to help the accused.
Joslyn’s experience and personal familiarity with Cincinnati courts, judges, prosecutors, and courtroom staff will benefit your case. He knows how different prosecutors and judges approach different misdemeanors and felonies, and he will use this knowledge to get the best result for your case.
Cincinnati Criminal Charges
There are two types of criminal acts in Ohio – felonies and misdemeanors. Each comprises varying degrees with a range of punishments. There are specific penalties for each level of misdemeanor and felony. The severity of the punishment depends on the severity of the crime.
Leading Source Of Criminal Law Knowledge For Media Outlets
Brian Joslyn, principal attorney at Joslyn Criminal Defense Law Firm, is an authority on these laws and has become a leading source of criminal law knowledge for newspapers like The Cincinnati Enquirer and news stations like 6 ABC, 4 NBC, 28 FOX, and 10 WBNS.
Misdemeanors And Felonies In Cincinnati Information Center
- Misdemeanor Offenses In Cincinnati
- Felony Crimes In Cincinnati
- Penalties For Misdemeanors And Felonies In Hamilton County
- Regulatory Offenses In Cincinnati
- Cincinnati Municipal Ordinance Violations
- Resources For Cincinnati Misdemeanors And Felonies
- Misdemeanors And Felony Lawyers In Cincinnati
Misdemeanors are less serious crimes than felonies; however, they can still result in jail or prison time. Under Ohio law, misdemeanors are classified according to the severity of the type of offense. Degrees start with a minor misdemeanor and escalate to a first-degree misdemeanor.
Ohio law classifies various types of conduct – including traffic violations – as misdemeanors. Specific examples of misdemeanors in the state include:
- Disorderly conduct
- Domestic violence
- Criminal trespass
- Operating a vehicle under the influence of alcohol (OVI)
Felonies are the most severe crimes and can range from aggravated murder to robbery. Murder charges are categorized in degrees of felonies ranging from first to fifth degree.
Under Ohio law, the list of most serious offenses includes:
- Homicide, assault, menacing threats
- Kidnapping, abduction, false imprisonment, extortion, and coercion
- Arson and other property damage offenses
- Theft, writing bad checks, and credit card offenses
- Conspiracy, attempt, and complicity
- Weapons and explosives control
- Corrupt activity
- Drug offenses
What Are The Penalties For Misdemeanor Convictions?
Under Ohio law, the minimum penalty for a misdemeanor offense is no less than six months in jail or a fine of $1,000, or both. Generally, you will also receive community service, financial sanctions, and court costs.
However, minor misdemeanors can result in a fine of $150 or less, without any time in jail. Misdemeanor offenses can range from littering to assault.
Under Ohio law, the penalty for a felony depends on the degree of the felony.
- First-Degree Felony: For a first-degree felony, the maximum penalty is $20,000 and 11 years in prison. The minimum prison sentence imposed on conviction of a first-degree felony is three years. A first-degree felony can include receiving rape, aggravated burglary, voluntary manslaughter, and kidnapping offenses.
- Second-Degree Felony: For a second-degree felony, the maximum penalty is $15,000 and eight years in prison. The minimum prison sentence imposed when convicted of a second-degree felony is two years. A second-degree felony can include aggravated theft, identity fraud, and felonious assault offenses.
- Third-Degree Felony: For a third-degree felony, the maximum penalty is $10,000 and five years in prison. The minimum prison sentence imposed when convicted of a third-degree felony is 12 months. A third-degree felony includes sexual battery, arson, and robbery offense.
- Fourth-Degree Felony: For a fourth-degree felony, the maximum penalty is $5,000 and 18 months in prison. The minimum prison sentence imposed when convicted of a fourth-degree felony is six months. A fourth-degree felony includes grand theft of a motor vehicle, vehicular assault, and unlawful sexual conduct with a minor offense.
- Fifth-Degree Felony: For a fifth-degree felony, the maximum penalty is $2,500 and 12 months in prison. The minimum prison sentence imposed when convicted of a fifth-degree felony is six months. A fifth-degree felony includes receiving stolen property, obstructing justice, and misuse of credit cards offenses.
However, under Ohio law, an alleged offender convicted of murder can be sentenced to an indefinite term of up to life in prison and a fine of up to $15,000. In addition, a conviction for aggravated murder may include an order to pay a fine of up to $25,000 and could be sentenced to death.
There are generally two essential elements to prove a defendant is guilty, including mens rea and actus reus. Mens rea is a guilty mind, and actus reas is an act in furtherance of the offense.
To be charged with most criminal offenses, the offender must have committed the act in question with one of the following mental states to satisfy mens rea:
- With purpose or knowledge
- With criminal negligence
If the alleged offender lacks the required mental state, they cannot be found guilty of the crime, and even if they had the proper mental state (i.e., a guilty mind), they could not be found guilty unless the mental state was coupled with an act in furtherance of the crime.
Regulatory Offenses In Cincinnati
Ohio law also lists offenses, such as traffic and liquor violations, in addition to other crimes, such as:
- Agricultural products and raw materials
- Hunting, fishing, boating, professional licensing, public health, and elections
Ordinances in Cincinnati address minor misdemeanor violations. They also resolve local matters such as:
- Building repairs
- Property care
- Noisy neighbors
Cincinnati Prosecution Resource Unit – The Community Prosecution Section coordinates efforts of City Departments such as Police, Fire, Health, and City Planning to address quality of life issues.
801 Plum St., Suite 226
Cincinnati, Ohio 45202
Phone: (513) 352-5333
Hamilton County │ Prosecuting Attorney’s Office │ Joseph T. Deters – The Hamiton County Prosecuting Attorney’s Office is dedicated to representing the citizens of Hamilton County, striving to limit the impact of violent crime by aggressively prosecuting violent criminals.
State Of Ohio’s Safe At Home Program – Substitute House Bill 359 created the Safe at Home address confidentiality program for survivors of crime in Ohio. The program gives victims of human trafficking, domestic violence, rape, and other such offenses. This substitute address conceals their personal information from the public while still enabling them to vote.
If you or a loved one has been charged with a criminal charge, contact an attorney to fight for you. The attorneys at Joslyn Criminal Defense Law Firm will zealously fight for your freedom and help you get the possible outcome on the charge. Set a free, confidential consultation by calling (513) 399-6289 or filling out an online form.