| FREQUENTLY ASKED QUESTIONS: CRIMINAL SENTENCES IN OHIO |
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The Law Library Staff prepares “Frequently Asked Questions” for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Cleveland Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ. |
I. Aggravated Murder - R.C. 2903.01
Prison terms: With Death Specification: Death penalty or life in prison without parole, or life with parole after 20, 25 or 30 years. Without Death Specification: Life with parole eligibility after 20 years or life without parole (sexual motivation and sexual predator specifications).
You should first look at the statute for the crime charged, for example, theft, arson, etc. To search for this statute, look at: Ohio Revised Code. This statute indicates the degree of the felony. (first, second, third, fourth or fifth degree felony). The possible penalties vary with the degree of offense.
Next, look at the sentencing ranges set out in R.C. 2929.14. R.C. 2929.18 sets out maximum fines for felonies.
Finally, you can examine several statutes which provide the judge with guidance on what sentence to select within the sentencing range. These statutes include: R.C. 2929.11, the court shall be guided by purposes of felony sentencing; R.C. 2929.12, the court shall consider seriousness and recidivism factors; R.C. 2929.13, guidance by degree of felony, includes factors to consider as to whether a prison term or community control should be imposed for various degrees of offenses. R.C. 2929.14 sets out factors to consider in imposing the minimum or maximum sentence.
The following table summarizes the sentencing ranges and possible fines for felonies. This table was last updated on 3-12-2002. Check the current versions of R.C. 2929.14 and 2929.18 for any changes.
| Degree of Felony | Prison Term | Fine** |
| First Degree | three, four, five, six, seven, eight, nine, or ten years | $20,000 |
| Second Degree | two, three, four, five, six, seven, or eight years | $15,000 |
| Third Degree | one, two, three, four, or five years. | $10,000 |
| Fourth Degree | six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months. | $5,000 |
| Fifth Degree | six, seven, eight, nine, ten, eleven, or twelve months. | $2,500 |
Certain other offenses(for example, major drug offenses, corrupt activity): R.C. 2929.13(F); 2929.14(D)(3); 2929.14(J).
See the following Revised Code sections - R.C. 2929.21, penalties for misdemeanors; R.C. 2929.22, imposing sentences for misdemeanors.
The following table summarizes the sentencing ranges and possible fines for misdemeanors. This table was last updated on 11-17-2005. Check the current version of R.C. 2929.24 and 2929.28 for any changes.
| Degree | Prison Term | Fine** |
| First Degree | not more than six months | $1,000 max |
| Second Degree | not more than ninety days | $750 max |
| Third Degree | not more than sixty days | $500 max |
| Fourth Degree | not more than thirty days | $250 max |
| Minor Misdemeanor | none | $150.00 max |
For some criminal offenses, such as vehicular homicide, R.C. 2903.06, the offender's drivers license may be suspended or revoked. For the rules concerning how long a license can be suspended for a particular offense, consult: (1) The statute for the crime charged, and (2) Chapter 4507 of the revised code,particularly R.C. 4507.16: Suspension by Judge. Please note that effective January 1, 2004, new statutes go into effect concerning the suspension of driving privileges. See 124 Senate Bill 123. The new law adds Chapter 4510 to the Ohio Revised Code. For a chart showing the length of suspension under the old law and the new law see: Sub. S.B. 123 as reported by Senate Judiciary Committee on Criminal Justice, Appendix. Also see the Penalty Chart by Judge Weiler, referenced below.
Penalty Charts by Judge Jennifer P. Weiler, Garfield Heights Municipal Court. Shows the sentences for traffic offenses, operating a vehicle while intoxicated and the length for administrative license suspension.
Web Pages
Ohio State Bar Association - The Law and You: Criminal Law
Ohio State Bar Association Article - Changes in Law Simplify Criminal Sentencing
Created on:
May 21, 1999 -
