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The police say you committed a felony. The prosecutor says they can prove it. Neither one gets the final word. A felony accusation starts a legal process, not an automatic conviction. What happens next depends on the evidence, the circumstances of the alleged offense, and how the case is handled. That's where an experienced felony lawyer can make a real difference. Wesley C. Buchanan, Esq. focuses his practice solely on criminal defense and is dedicated to representing clients throughout Ohio who are facing serious charges in both state and federal court.
The most serious criminal offenses are classified as felonies in Ohio. Under Ohio law, there are five levels of felonies. The least severe are the fifth-degree felonies, and they get progressively more severe up to first-degree felonies. Sometimes, they are referred to in shorthand as F-5, F-4, F-3, F-2, and F-1. Felony criminal convictions result in more serious punishments than misdemeanors. There are increased penalties, including longer prison sentences and the potential to lose certain civil rights.
Felony charges in Ohio range from murder and kidnapping to certain theft and drug charges. There are some crimes that have different levels depending on the severity of the offense. The degree of the felony matters because it can affect potential sentencing and the way the case proceeds. The degree of charges can also impact how you approach criminal defense.
Wes Buchanan handles all levels of felony charges in Ohio, including:
Depending on the offense and circumstances, charges classified as first-degree felonies can include murder, kidnapping, certain rape offenses, aggravated robbery, and other serious crimes. If prison is imposed for a first-degree felony committed on or after March 22, 2019, Ohio's Reagan Tokes Act generally provides for an indefinite prison term with a stated minimum of three to 11 years. However, some offenses carry different or mandatory penalties. A first-degree felony conviction can also carry a fine of up to $20,000.
Examples of a second-degree felony include felonious assault, certain drug offenses, certain sex offenses, and some high-value theft offenses. For a second-degree felony committed on or after March 22, 2019, Ohio law generally provides for an indefinite prison term with a stated minimum of two to eight years, although some offenses have different sentencing requirements. A conviction can also result in a fine of up to $15,000.
Third-degree felonies cover a range of serious offenses, including robbery, certain drug and sex offenses, and some other violent or property-related crimes. The potential sentence depends on the specific offense. For many third-degree felonies, Ohio law provides for a definite prison term of nine, 12, 18, 24, 30, or 36 months. Certain third-degree felonies, however, carry longer prison terms ranging from 12 to 60 months. A conviction can also result in a fine of up to $10,000.
Fourth-degree felonies are less serious than first-, second-, and third-degree felonies, but they can still carry significant consequences. Examples include unlawful sexual conduct with a minor, certain theft and weapons offenses, Medicaid fraud, and certain drug offenses. If a prison term is imposed, Ohio law provides for a definite term of six to 18 months. A fourth-degree felony conviction can also result in a fine of up to $5,000.
The least severe of the felony charges shouldn’t be treated with any less respect. These are still serious charges with real-life consequences. Typical fifth-degree felonies include drug, firearm, theft, identity theft, forgery, gambling, or breaking and entering. There are also some offenses that can arise from a motor vehicle accident. Felonies at this degree can carry six to 12 months in prison and fines of up to $2,500.
Depending on the circumstances, you may be arrested before or after the felony criminal charges are filed. After the arrest, there is an initial appearance or arraignment in front of a judge. There may also be a preliminary hearing when appropriate. A grand jury may hear the case to determine whether an indictment or information is appropriate. Felony cases are generally prosecuted by indictment, although Ohio law permits certain defendants to waive indictment and proceed by information. In a felony case where the defendant was not indicted, Ohio Criminal Rule 5 provides a right to a preliminary hearing unless it is waived.
The case will then move forward to the discovery phase where both the prosecutor and defense lawyer will gather evidence and build a strategy. Both sides may file pretrial motions. It is during this phase that the parties may agree to plea negotiations or another resolution. If that doesn’t happen, the case will proceed to trial. If you are found guilty, the final stage is sentencing.
There is more to forming a defense strategy than simply telling police officers your version of what happened. A defense should be established long before you walk into court. Evidence needs to be gathered to support your version of events. An experienced felony defense lawyer will perform several roles to prepare for trial advocacy.
Wes Buchanan handles all aspects of mounting a strategic defense, including:
While no lawyer can promise results, an experienced felony defense lawyer can help prepare you for what to expect. They may also be able to negotiate a plea agreement. If taking the case to trial is in your best interests, Wes Buchanan has the knowledge, skill, and insight to negotiate a plea deal with the prosecution, advocate for your rights, and present a solid defense in court.
Felony criminal charges shouldn’t be ignored or taken lightly. They are serious charges that can have lasting consequences and it’s essential to consult with counsel as soon as possible. The prosecution has the resources to gather evidence and develop a strong argument for conviction. Any statements you make during an investigation can be submitted as evidence. Waiting until trial to hire an attorney can mean losing opportunities to investigate or challenge issues earlier in the case.
Wes Buchanan can help you understand the charges you're facing before you make decisions that impact your case. He can provide the valuable guidance you need on how to cooperate with law enforcement, while also protecting your rights.
When facing felony charges, you need a felony defense lawyer who understands the law and how to develop a strong defense strategy based on the specific facts of your case.With an impressive track record, Wes Buchanan and his team dedicate their practice to representing clients for criminal defense matters. With over a decade of experience, he has developed a strong reputation for quality representation in Northwest Ohio. The firm is prepared to handle a wide range of state and federal criminal matters, including those involving felony charges with diligence and discretion.
A felony charge deserves a serious defense. The sooner you have a felony defense lawyer reviewing the evidence, explaining your options, and building a strategy, the better position you'll be in to make decisions about your case. Wesley Buchanan, Esq., has more than a decade of experience focused on criminal defense and is prepared to fight for you in and out of the courtroom. If you're facing felony charges in Ohio, contact Wes by calling 330-249-1778 to schedule a free consultation.
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