Criminal charges in Ohio cover a wide range of offenses, from misdemeanors to serious felonies, each carrying its own set of potential penalties. Even a misdemeanor can have far-reaching consequences in addition to your legal sentence, potentially affecting employment opportunities, housing options, and reputation.
Understanding the penalties and impacts following a misdemeanor conviction is crucial for making informed decisions about your defense and protecting your future.
Classes of Misdemeanors in Ohio
Ohio classifies crimes into distinct categories based on their severity. Below is an overview of each type and some examples of what crimes are included.
First-Degree Misdemeanors
First-degree misdemeanors are the most serious type of misdemeanor, carrying a maximum sentence of 180 days in jail and a $1,000 fine. Common examples are petty theft, carrying a gun without a permit, assault, violating a protection order, and joyriding.
Second-Degree Misdemeanors
A second-degree misdemeanor can lead to up to 90 days in jail and a fine of up to $750. Examples include hazing, harassing a police or assistance dog, and resisting arrest. While these offenses are not as serious as first-degree misdemeanors, they still pose significant consequences for those convicted.
Third-Degree Misdemeanors
Third-degree misdemeanors carry a maximum of 60 days in jail and a fine of up to $500. Crimes like criminal mischief and loitering for the purpose of prostitution are examples. Though less severe than first- and second-degree misdemeanors, these charges can still negatively affect employment, housing, and other life opportunities.
Fourth-Degree Misdemeanors
Fourth-degree misdemeanors are punishable by up to 30 days in jail and a fine of up to $250. Examples include illegal possession of drug paraphernalia, failure to disperse, and public indecency.
Minor Misdemeanors
Minor misdemeanors are offenses that carry no jail time – only a fine of up to $150. Disorderly conduct, reckless driving, and possession of a small amount of marijuana typically fall into this category. Although they do not involve jail time, these offenses can still result in fines and a criminal record.
Additional Jail Terms
Ohio law allows courts to impose additional jail terms for repeat offenses, such as multiple OVIs (operating a vehicle under the influence) or prostitution offenses near a school. Depending on the nature of the crime and the number of prior convictions, a judge may add an extra 60, 120, or even 180 days to the jail sentence.
Enhanced Felony Penalties
Repeat misdemeanor convictions can escalate the classification of a charge to a felony, resulting in harsher penalties.
For example, a second conviction for menacing by stalking can raise it from a first-degree misdemeanor to a fourth-degree felony. Additionally, Ohio law upgrades certain misdemeanors to felonies if they involve protected or vulnerable victims, such as assault on peace officers, teachers, healthcare workers, or court officials.
No matter what type of misdemeanor you’re facing, it’s important to reach out to a criminal defense lawyer right away.
Legal Defenses to Misdemeanor Charges in Ohio
Misdemeanor charges can carry serious consequences, but you have ways to defend yourself. The appropriate defense strategy will depend on the specific crime and circumstances. Below are several common defenses that may apply, depending on the situation.
Mistaken Identity
This defense argues that the wrong person has been accused of a criminal act. Sometimes, eyewitness testimony or even surveillance footage is unreliable, leading investigators to pursue the wrong suspect. By casting doubt on the accuracy of any identification, the defense can push for an acquittal or dismissal of charges.
No Intent to Harm
For some misdemeanors, the prosecutor must prove the defendant intended to commit the act or cause harm. If someone acted accidentally or lacked any intention to violate the law, this defense may reduce or negate criminal liability. Showing that an injury or wrongful act was purely an accident can be crucial in avoiding a conviction.
No Possession
This defense is used when an individual is accused of unlawfully possessing something, such as a firearm or illegal drugs, but did not actually have control over the item. It may involve proving that the item belonged to someone else or was placed without the defendant’s knowledge. Demonstrating that the defendant had no direct access or dominion over the item will weaken the prosecution’s case.
Lack of Evidence
To secure a conviction, the state must prove a defendant’s guilt beyond a reasonable doubt. If there are significant gaps or inconsistencies in the evidence, it may not be sufficient to meet that standard. As a result, the defense can argue that the prosecution has failed to make its case, leading to dismissal or acquittal.
Lack of Knowledge
For drug offenses, a person must know they are in possession of a substance for it to be considered a crime. If the accused can show genuine ignorance of a drug’s presence or content, it can negate the required mental state for conviction.
Self Defense
In some assault or battery cases, a defendant might argue they acted only to protect themselves or others from harm. This defense requires showing a reasonable belief that force was necessary to prevent an imminent threat. If successful, self-defense can completely excuse the defendant’s actions and result in dropped charges or an acquittal.
Mistake of Fact
This defense can be used in certain theft cases and argues that a person took property believing in good faith that they were entitled to it. For instance, you might pick up someone else’s coat from a rack, thinking it was yours. Because theft requires the intent to deprive the actual owner of their property, a genuine mistake over ownership can result in reduced or dismissed charges.
No Knowledge
This can be used as a defense for those accused of violating a protective order. Sometimes, individuals are unaware that a protective order has been issued against them or of its specific conditions. If a person did not receive proper notice or fully understand the terms of the order, they can argue that any violation was unintentional. This defense challenges whether the individual had a fair opportunity to know their behavior was prohibited.
The best way to determine what defense should be used in your misdemeanor case is to speak with a criminal defense lawyer right away. Call us today at (216) 334-3444 to schedule a consultation, or contact us online for a free consultation today.