A felony is a serious offense that can have life-altering consequences, including longer prison sentences and a permanent criminal record. While all criminal charges should be taken seriously, felonies are often much more serious than misdemeanor charges.
If you’re charged with a felony, understanding exactly what that means can help you make informed decisions about your case.
In Ohio, felonies are split into different categories based on how severe the crime is. The punishment becomes more serious as you move up each degree, with unclassified felonies being the most serious.
Unclassified Felonies
In Ohio, unclassified felonies are the most serious offenses, all of which carry mandatory prison time. A conviction for murder often leads to at least 15 years of prison time. In some circumstances, the sentence can stretch to life in prison, with fines reaching up to $20,000 for murder or $25,000 for aggravated murder.
Felony of the First Degree
These are the most severe offenses in Ohio. A conviction can lead to 3 to 11 years in prison, up to $20,000 in fines, and five years of post-release control. If someone already has certain serious convictions, they could face an extra 10 years behind bars. Examples include kidnapping, and rape.
Felony of the Second Degree
Offenses like gang involvement or felonious assault typically fall under this level. The sentence may include 2 to 8 years in prison and fines of up to $15,000, as well as five years of post-release control. Repeat violations could lead to an additional 10 years in prison.
Felony of the Third Degree
Crimes such as perjury or bribery can be charged as felonies in the third degree. Sentences generally include 9 to 36 months in prison, up to $10,000 in fines, and post-release control. Offenses with a sexual component may require longer monitoring or registration.
Felony of the Fourth Degree
Safecracking and motor vehicle theft are commonly classified as F-4 crimes. Punishments can range from 6 to 18 months in prison and up to $5,000 in fines. Judges also have the option to impose up to five years of community control.
Felony of the Fifth Degree
This level covers less serious felony crimes, such as theft of property worth more than $1,000. Penalties may include 6 to 12 months in prison and fines of up to $2,500. Community control (referred to as probation in other jurisdictions) for as long as five years is also possible.
Other examples of felonies in the fifth degree include receiving stolen property and breaking and entering.
Legal Defenses to Felony Charges
Defenses to a felony charge can vary greatly, depending on the nature of the crime and the evidence available. Below are some of the more common strategies you might be able to raise as a defendant with the help of your lawyer:
Self-Defense
If you’re charged after a fight or violent encounter, you may argue that you only acted to protect yourself or someone else. This defense requires showing that you believed you were in danger of imminent harm and responded with force that was proportionate to the situation.
Evidence could include witness testimony, medical reports, or security footage. If successful, the charges might be reduced or dropped.
Mistaken Identity
Sometimes, the defendant is the wrong person altogether, possibly because the real suspect looked similar. Witnesses can make errors in identifying suspects, especially if high stress was involved. DNA results or video footage can help clear your name and show that you’re not the correct person to charge.
Lack of Evidence
Another defense strategy may point out gaps or errors in the prosecution’s proof. If the state can’t show enough reliable evidence to convict you, they lose their case. This could happen when evidence is gathered improperly or when key witnesses contradict each other.
Alibi
An alibi shows you were in another place at the time of the crime, often shown through witness statements, receipts, work logs, video footage, or other records. Establishing this defense can be as simple as proving you were at work or with friends when the crime took place. A solid alibi can quickly unravel a criminal case.
Understanding these potential defenses can help you approach your case with the best possible strategy.
The Importance of Working With a Cleveland Criminal Defense Lawyer When Facing Felony Charges
Facing a felony charge can change your life in serious ways, from possible prison time to a permanent criminal record. A defense attorney at The Elkhatib Law Office understands how to navigate this complicated legal process and can provide guidance at each step. They’ll help you understand your rights, go over the evidence, and question any holes in the prosecution’s argument. By having a legal professional in your corner, you have a better chance of reaching a fair resolution and keeping your future on track.
If you have any questions or need help with your defense, contact us today at (216) 334-3444 to schedule a free consultation with an experienced Cleveland criminal defense lawyer.
