In Ohio, a felony is a criminal offense for which a defendant must serve a year or longer as a sentence.
Felony Sentencing and Convictions in Ohio
The State of Ohio classifies its felony offenses as aggravated murder, murder, felonies of the first, second, third, fourth, and fifth degrees. According to Ohio’s Criminal Code Section 2929.14, depending upon the degree of the crime, the State will generally impose the following penalties for all crimes (except for murder and some others, such as rape, sexual crimes and drug offenses, which are determined individually):
1st Degree Felony - the prison term shall be three, four, five, six, seven, eight, nine, or ten years.
2nd Degree Felony - the prison term shall be two, three, four, five, six, seven, or eight years.
3rd Degree Felony - the prison term shall be one, two, three, four, or five years.
4th Degree Felony - the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
5th Degree Felony - the prison term shall be six, seven, eight, nine, ten, eleven, or twelve months.
Ohio Felony Records and Expungement
In Ohio, a felony record may occasionally be subject to expungement. However, there are many which do not qualify to be expunged. These include the following list:
- Convictions when the offender is subject to a mandatory prison term.
- Convictions of a felony of the first or second degree.
- Convictions for sex offenses, including rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, pandering obscenity involving a minor, illegal use of nudity-oriented material or performance and felonious sexual penetration.
- Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony and when the offense is not riot, assault, inciting to violence or inducing panic that is a misdemeanor of the first degree.
- Convictions on or after October 10, 2007 under Ohio Criminal Law Section 2907.8 [Voyeurism], 2907.9 [Public indecency], 2907.21 [Compelling prostitution], 2907.22 [Promoting prostitution], 2907.23 [Procuring], 2907.31 [Disseminating matter harmful to juveniles], 2907.31 [Displaying matter harmful to juveniles], 2907.32 [Pandering obscenity], or 2907.33 [Deception to obtain matter harmful to juveniles] of the Ohio Revised Code when the victim of the offense was under eighteen years of age.
- Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony.
- Motor vehicle offenses.
Ohio Felony Statute of Limitations
No limitation: murder, aggravated murder
20 years: manslaughter, kidnapping, rape, sexual battery, unlawful sexual conduct with a minor, compelling prostitution, arson, robbery, burglary, aggravated riot, felonious or aggravated assault of a peace officer, felonious assault or conspiracy or attempt to commit any of the aforementioned offenses
6 years: all others
View all Ohio Criminal Statute of Limitations
Help From a Lawyer in Ohio for Felony Charges
If one is charged with a felony in Ohio, one should consider retaining an experienced criminal attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.
