Potential Sentencing For Cincinnati Ohio Crimes
Not all criminal cases end in a not-guilty verdict. Sometimes a conviction cannot be avoided. If you have been convicted of a crime in Ohio, the next phase is sentencing. This is where the judge will determine your punishment. After your conviction, a judge can either sentence you on the spot or have a pre-sentence investigation and a sentencing hearing. The sentence you receive will depend on several factors and the type of offense you committed. Your criminal history and the circumstances surrounding your crime may also be considered. If you are facing sentencing, it is vital that you educate yourself on the potential consequences and contact an experienced criminal defense attorney at the Joslyn Criminal Defense Law Firm by calling (513) 399-6289
Cincinnati Attorney For Potential Sentences In Ohio
The law in Ohio often controls what kind of sentence you will receive for the crime you are convicted of. Additionally, the judge in your case will also have a say in your sentence. Sentencing for a criminal offense in Ohio can range from probation to life in jail. As a result, it is crucial that you are prepared for the sentence and give yourself the best chance at receiving a favorable outcome. You can do this by hiring attorneys at Joslyn Criminal Defense Law Firm. Our attorneys have experience in over 20,000 criminal cases. Our founder, Brian Joslyn, has been recognized by the National Academy of Criminal Defense Attorneys as one of Ohio’s ten best criminal defense lawyers. Do not leave your future up to chance. Get a top criminal defense attorney by hiring the Josyln Criminal Defense Law Firm. Our lawyers represent clients all over the state of Ohio, including Hamilton County and within the city of Cincinnati.
- Ohio Pre-Sentence Investigations And Sentencing Hearing
- Factors Considered In Misdemeanor Sentences In Cincinnati
- Ohio Misdemeanor Sentencing Chart
- Factors In Considering Felony Sentencing In Hamilton County
- Felony Sentencing Chart In Hamilton County
- Mandatory Prison Terms In Ohio
- Community Control Sanctions In Cincinnati
- Ohio Intervention And Diversion Programs
- Additional Resources
- Find A Cincinnati Attorney For Potential Sentences In Ohio
Once you have been convicted, you will then be sentenced by the judge. This may happen the same day you are convicted or at a sentencing hearing on a different date. If you are scheduled to have a sentencing hearing, you will likely have to submit to a pre-sentence investigation. The probation department typically handles this process. The pre-sentence investigation is vital to the sentence you will receive from the judge. The judge issuing your sentence will often follow the recommendation from the pre-sentence investigation. Some information that is routinely gathered in a pre-sentencing investigation includes:
- Your criminal history
- Your character and reputation within the community
- Your mental health and substance abuse history
- Your financial status
- Any other information that may help determine a criminal sentence.
At your sentencing hearing, the court will hear the evidence gathered from the investigation. The prosecutor will likely try to highlight the less favorable information and request a stricter sentence. Hiring an experienced criminal defense attorney can help prepare you for this hearing and make sure the good parts about you are made known to the judge before your sentence is handed down.
As you may know, misdemeanors are less serious offenses than felonies. The law in Ohio lists many factors considered before handing down a sentence for misdemeanors. These factors do not apply to any offense where a mandatory jail term is required. The following are some of the factors the court will consider when determining a sentence for a misdemeanor:
- Your age and prior criminal history
- Your character and reputation within the community
- The circumstances of the crime
- Whether you pose a danger to the community
- Whether you are considered at risk to commit future crimes
- Your military service record and if it affected your mental health and emotional state
- The victim’s age and vulnerability
- Your relationship with the victim
The law in Ohio separates misdemeanors into five categories based on the seriousness of the offense. While misdemeanors are not the most serious crimes, they can carry significant sentences. The following are general penalties for misdemeanors in Ohio:
|Offense Level||Maximum Jail Time||Maximum Fine|
|1st Degree Misdemeanor||180 Days||$1,000|
|2nd Degree Misdemeanor||90 Days||$750|
|3rd Degree Misdemeanor||60 Days||$500|
|4th Degree Misdemeanor||30 Days||$250|
Felonies are some of the most serious crimes committed in Ohio. As a result, they carry more severe penalties than misdemeanors. Felonies are sentenced based on the seriousness of the crime and the likelihood that you might commit crimes in the future. The following are some of the factors that tend to show the seriousness of the crime concerning the victim, defendant, and any other relevant entity:
- Whether the victim suffered physical, financial, or emotional harm.
- Whether the harm suffered by the victim was worse due to their age or mental condition.
- Whether your reputation or job was used to facilitate the crime.
- Whether the crime was committed for hire or as a part of organized crime.
- Whether you were motivated by a prejudice against a race, ethnic background, religion, or sexual orientation.
- Whether your crime was related to your position within the community.
- Whether your offense was committed within the presence of children.
The court will also consider the following factors to determine if your crime was less serious because:
- The victim induced or facilitated the crime.
- Whether you were strongly provoked.
- Whether you caused or intended to cause physical harm.
- Any other mitigating factors.
The following are the sentencing court’s factors to determine if you will be likely to commit any future offenses.
- Your status (out on probation or bail) when you committed the offense.
- Whether you were under a sanction imposed under § 2929.16, 2929.17, or 2929.18 when you committed the offense.
- Whether you were unfavorably terminated from post-release control for a prior offense under division (B) of § 2967.16 or § 2929.141 of the Revised Code at the time of your offense.
- Whether you were under post-release control according to § 2967.28 or any other provision of the Revised Code for an earlier offense at the time of your current offense.
- Whether you were under transitional control at the time of your offense.
- Whether you had absconded (left without permission) from approved community placement at the time of the offense.
- Whether you had been determined to be a delinquent child or had prior criminal convictions at the time of the offense.
- Whether you have a history of drug or alcohol abuse.
- Whether you have refused to acknowledge a pattern or treatment.
- Whether you have shown remorse for your actions.
There are also some factors the court will look at to see if you are not likely to commit crimes in the future. They are:
- Before the offense, you had not been determined to be a delinquent child.
- Before the offense, you had not pleaded guilty or been convicted of a crime.
- Before the offense, you had a clean record for several years.
- Your crime was committed in a way that is not likely to happen again.
- You show genuine remorse for your actions.
In Ohio, a felony is among the more serious crimes you can commit and carries some of the most severe penalties. Long prison sentences and hefty fines are common when convicted of a felony. Below is a list of the felony categories and the maximum allowable sentence under the law.
|Offense Level||Maximum Prison Time||Maximum Fine|
|1st Degree Felony||Up to 11 years in prison||$20,000|
|2nd Degree Felony||Up to 8 years in prison||$15,000|
|3rd Degree Felony||Up to 5 years in prison||$10,000|
|4th Degree Felony||Up to 18 months in prison||$5,000|
|5th Degree Felony||Up to 1 year in prison||$2,500|
It is essential to understand that some crimes in Ohio carry mandatory prison terms. This means that if you are convicted of any of the crimes listed below, the judge will have no choice but to sentence you to a prison term that is consistent with what the law says. Some of the crimes are:
- Human Trafficking
- Involuntary Manslaughter
- Assault on a police officer
- Assault on a pregnant woman
- Rape (victim under 13)
- Certain drug crimes
- Felony domestic violence
- Sexual battery (victim under 13)
- Aggravated murder
If you are a repeat violent or drug offender, you can expect to be subjected to a long mandatory sentence with as many as ten years added. Additionally, the law in Ohio says that the sentencing judge must add three years to your sentence if it is proven that you used a firearm while committing the crime you were convicted of.
An additional year may be added to your sentence for firearms that were concealed and not used or shown during your crime. Automatic weapons and weapons equipped with a silencer require six additional years added to your sentence. It is important to understand that the years added to your sentence due to a firearm cannot be served concurrently. This means that they are added to your original sentence and must be served after you complete the prison term ordered on the underlying conviction.
Because of prison overcrowding, if you are convicted of a crime that does not carry a mandatory prison term, then you may be sentenced to residential or non-residential penalties. Below you will find the various types of alternative imprisonment sentences:
Residential Sanctions – a term of incarceration in a community-based jail or halfway house
Non-Residential Sanctions – House arrest, probation, electronic monitoring, curfews, and other sanctions that do not involve imprisonment in a jail or prison.
State Prison-Monitored Boot Camps – A period of incarceration (90 days) where you will be subjected to a military-style environment consisting of training, psychological treatment, drug and alcohol abuse education, and job skill training. After the boot camp, you will likely be sent to a halfway house to complete the sentence.
If you have been charged with certain substance abuse crimes, you may be eligible for an intervention or diversion program. These programs typically include drug treatment, education, and random drug screens. If you complete the program, the charges against you will be dropped. Still, not every offense or offender will qualify for diversion or intervention, as it is usually reserved for first-time offenders. If you are eligible and fail to complete the program, you will be prosecuted for the original offense.
The following are some resources you may find helpful in understanding how sentences in Ohio are applied and information on the various types of sentences you may receive:
Prison Legal Services – created by the Ohio public defender, this document describes how you can get jail time credit, what goes on in an intensive boot camp prison program, and information on appeals.
Felony Sentencing Quick Reference Guide – Information on how felony sentences are determined and the factors that may influence a judge.
Definite Jail Terms For Misdemeanors – the law on sentencing for misdemeanors and the factors that control how severe a sentence for a misdemeanor can be.
If you have been charged with a crime in the Cincinnati area, it is crucial that you hire an experienced criminal defense attorney. Not only is your freedom at stake, but also your good name and reputation. Having a lawyer by your side while your case goes through the criminal justice system can be the difference between a lengthy prison term and a dismissal. The attorneys at Joslyn Criminal Defense Law Firm have years of experience handling a wide range of criminal cases and will fight for your rights from the beginning until the end of your case. Do not take a chance on your future. Contact an attorney today at (513) 399-6289.