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When you’re facing criminal charges, you may not care about distinguishing whether they are misdemeanor or felony charges. You just know that a prosecutor for the state is coming after you with allegations that you committed a crime. While this is true, it’s only half of the story. You need to know the difference between a felony vs. a misdemeanor to know what you are really facing. These two categories of criminal charges come with very different consequences. Understanding their differences is essential for formulating your defense strategy.
Generally, misdemeanor crimes are those that are less serious offenses. Under Ohio law, many of these offenses are classified into degrees. The least serious offenses are classified as a fourth-degree offense. Charges progressively get more serious up to a first-degree misdemeanor. Misdemeanors in Ohio can include certain types of traffic offenses and various types of conduct.
The penalties for misdemeanors vary based on the type of offense and degree. Some offenses only require the convicted to pay a fine. Other misdemeanors have harsher penalties. The potential penalties Ohio Revised Code 2929.24 for a misdemeanor conviction include:
The penalties listed are not automatic. They list the maximum someone would face when convicted. The actual penalty will depend on the individual’s criminal history and the facts of the currently convicted offense.
The more serious criminal offenses are felonies. They are usually more violent or include aggravating factors that make them more egregious. For some felony crimes, they are an upgraded charge from a misdemeanor when the individual has repeatedly committed the offense. In others, the felony is an upgrade of a misdemeanor because the value of the theft involved is over a threshold.
The potential penalties you may face for your conviction are defined in the Ohio statutes. Each degree has progressively harsher penalties. The potential penalties for a felony conviction can include:
Once convicted of a felony, the court will enter the sentencing phase. The judge will consider the convicted person’s criminal history, facts of the current case, and level of remorse. For certain criminal convictions, the statutory penalties are the maximum. For other criminal convictions, the statutory penalty is mandatory. When a judge has discretion during sentencing, they will consider several factors, including case facts and risk of repeated future criminal acts.
The way you approach your criminal defense strategy will be different for a misdemeanor vs. a felony. First, the bond and pretrial release possibilities may be very different. There will be different options available for diversion and probation. Then, the long-term consequences can be significantly different for misdemeanor and felony convictions. The possibility of expungement can also be different.
If you’re not sure what your criminal charges are, that’s ok. It’s common for people not to understand the initial paperwork they receive. Law enforcement will provide you with a copy of your charging documents. On those documents will be a code, such as M1 or F4. These are abbreviations for the degree of the charge per Ohio Revised Code Title 29.
The class of your misdemeanor or felony depends on how the facts of your case compare to Ohio’s criminal statutes. When the criminal charges are first filed, all of the facts may not be known. As the facts are established and the individual’s criminal history is researched, the original charges may be increased. When this happens, a misdemeanor may become a felony. The prosecutor doesn’t do this lightly. There must be a justification for the increase.
Conversely, a felony charge may be reduced to a misdemeanor. This can sometimes happen when a criminal defense attorney negotiates with the prosecutor on behalf of their client. The prosecutor may agree to reduce the charges in exchange for the charged individual successfully completing a diversion program.
It depends on your specific situation as to whether your misdemeanor or felony can be expunged. Generally, a misdemeanor is easier to have expunged than a felony. However, this isn’t a hard-line rule. There are eligibility requirements that you must meet:
If you would like to have your criminal conviction expunged, speaking with an Ohio criminal attorney can give you guidance. They will review the requirements while applying them to your situation. If expungement is possible, they can prepare the necessary paperwork and begin the expungement process.
Your first step after being charged with a misdemeanor or felony is relatively the same. Review your paperwork and understand the charges you are facing. Contact an Ohio criminal attorney. Being charged with a crime is not the same as being convicted. So your attorney will review the facts surrounding your arrest and the charges you are facing. Then, they will discuss your legal options and possible defense strategies.
You may be more concerned with the fact that you are facing criminal charges at all than worrying about whether they are misdemeanors or felonies. However, you should care. What you are charged with will directly impact your legal options, defense strategy, and potential penalties. Speaking with a criminal attorney can help shed light on the charges you are facing. At Wesley Buchanan, Esq., we work with clients who face a wide range of criminal charges. Schedule a consultation to speak with an experienced criminal defense attorney.
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