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Nov 24 2017

Criminal Defense – Ohio Criminal Law Sentences – Cleveland Criminal Defense Attorney Stephen Wolf #criminal #defense, #ohio #criminal #law #sentences, #cleveland #criminal #defense #attorney #stephen #wolf


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Office: (440) 777-1177

Cell: (440) 823-4781

Fax: (440) 398-0561

The Law Office of Stephen W. Wolf, LLC

26777 Lorain Road Suite 709

North Olmsted, Ohio 44070

Ohio Criminal Law Sentences

Before you begin

Criminal sentencing is a complicated and involved subject. While crimes appear to have set maximum prison and fines, these can be adjusted up in a variety of ways. Seek legal counsel regarding the possibilities you face. Further, whether what appears to be one act might be two or more. This is an ongoing subject debated in both the Ohio Supreme Court and the Courts of Appeals. For example, a robbery involving an assault might carry numerous assault charges depending on the acts of the perpetrator over time and distance. Again, seek legal counsel.

In 2011 House Bill 86 changed sentencing. It cleaned some things up, like language that was confusing. It fixed some things, like the penalty difference between crack and cocaine. It changed the thresholds for crimes like theft.

Aggravated Murder – ORC 2903.01

With a death specification: Death, life in prison without parole, life with parole after 20, 25 or 30 years.

Without a death specification: Life without parole (sexual motivation and sexual predator specification) or life with parole after 20 years.

Maximum fine of $25,000.00.

Murder – ORC 2903.02

15 years to life or life in prison (sexual motivation and sexual predator specification)

Maximum fine of $15,000.00.

Felonies

First look at the crime charged which will indicate the level of felony.

Then check ORC 2929.14 for the range of sentences.

Then check ORC 2929.18 for the maximum fines.

Then check statutes that guide the judge as to sentencing

ORC 2929.11 – Court shall be guided by the purpose of felony sentencing.

ORC 2929.12 – Court shall consider seriousness and recidivism factors.

ORC 2929.13 – Guidance on the degree and whether prison or community control should be imposed.

ORC 2929.14 – Factors regarding minimum and maximum sentences.

F1 – 3, 4, 5, 6, 7, 8, 9, 10 or 11 years and a maximum fine of $20,000.00.

F2 – 1, 2, 3, 4 or 5, 6, 7 or 8 years and maximum fine of $15,000.00.

for Aggravated vehicular homicide, aggravated vehicular assaults, sexual battery, unlawful sexual contact with a minor, gross sexual imposition and robbery or burglary if the offender has two or more prior, separate aggravated or regular robberies or burglaries – 1, 2, 3, 4 or 5 years and a maximum fine of $10,000.00.

for all other F3 – 9, 12, 18, 24, 30, 36, 42, 48, 54 or 60 months and a maximum fine of $10,000.00.

F4 – 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 months and a maximum fine of $5,000.00.

F5 – 6, 7, 8, 9, 10, 11 or 12 months and a maximum fine of $2,500.00.

Mandatory community control for F4 and F5 crimes

In 2011 House Bill 86 changed the presumption of prison for F4 and F5 crimes. Mandatory community control for one year is required when:

The most serious charge is an F4 or F5

The current offense is not an offense of violence

The offender has no prior felony

The offender has no midemeanor offense of violence for two years

And if the court believes there is no appropriate community sanction, it must contact the Department of Rehabilitation and Correction (DRC). This causes the DRC to respond suggesting to the judge what community controls are appropriate. The court must accept the DRC suggestion. This is likely to lead to a court battle over who gets to sentence a prisoner.

EVEN THEN, PRISON MAY BE IMPOSED IF THE OFFENDER

had a firearm during the offense

caused physical harm to another person

Violated a condition of bond

If the DRC does not suggest a community control in forty-five days.

Then add additional time for specifications:

ORC 2929.14(D)(1) – Use or possession of a firearm

ORC 2929.13(F)(1). 2929.14(D)(3). 2929.14(J) – Certain other offenses such as major drug offense, corrupt activity and others.

Intevention-in-lieu of conviction

In 2011 House Bill 2011 made major changes to this section of law. Please call me with questions.

Misdemeanors

First check ORC 2929.21 for purposes of misdemeanor sentencing.

Check ORC 2929.22 for imposing sentences involving misdemeanors

Check ORC 2929.24 for jail time and 2929.28 for the maximum fine.

M1 – Not more than six months in jail and a maximum fine of $1,000.00.

M2 – Not more than 90 days in jail and a maximum fine of $750.00.

M3 – Not more than 60 days in jail and a maximum fine of $500.00.

M4 – Not more than 30 days in jail and a maximum fine of $250.00.

Minor Misdemeanor – Not more than a $150.00 fine.

Theft Thresholds
  • Misdemeanor – Under $1000.00 ($999.99 and down)
  • F5 – $1000 to under $7500
  • F4 – $7500 to under $150,000
  • F3 – $150,000 to under $750,000
  • F2 – $750,000 to under $1.5 million
  • F1 – $1.5 million and above
Theft Thresholds when the victim is disabled or over age 64

F4 – $500 to under $5,000

F3 – $5,000 to under $25,000

F2 – $25,000 to under $100,000

F1 – $100,00 and above

NOTES ON THEFT THRESHOLDS

You first must look at the particular statute. Some violations result in a felony regardless of the amount.

Certain non-theft offenses use these thresholds. For example, vandalism, arson and corrupt activity use thesholds.

See also:

See all of ORC 2929. including:

ORC 2929.23 – For sentencing sexually oriented misdemeanors.

ORC 2929.32 – For imposing additional fines.

ORC 2929.41 – Consecutive and concurrent sentences for multiple offenses.

ORC 2929.42 – Notice is sent to licensing board.

ORC 2971 – For reimbursement of investigative costs involving arson.

Driving under suspension


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