Cincinnati Felony Defense Attorney

A felony charge can expose you to years in prison and thousands of dollars in fines. The degree of the felony determines much of that potential sentence, but the specific charge and facts of your criminal defense case also affect what the prosecution must prove.

Our Cincinnati felony defense attorneys at Luftman, Heck & Associates can examine the charge and evidence against you and determine where we can challenge the prosecution’s case. Call (513) 338-1890 for a free consultation.

Levels of Ohio Criminal Charges

Ohio has several levels of crime. The state categorizes offenses as infractions, misdemeanors, and felonies, as follows:

• Infractions – These minor violations generally carry fines rather than jail time. Municipal code violations and traffic tickets can fall into this category.
• Misdemeanors – Ohio misdemeanors can carry jail time and fines but are less serious than felonies. The state classifies misdemeanors separately from the felony-degree system discussed below.
• Felonies – Ohio generally classifies felonies from first through fifth degree, with first-degree felonies carrying the greatest potential penalties. Some offenses, including murder, fall outside this degree system.

Ohio Felony Degrees & Potential Penalties

Ohio divides most felonies into five degrees. A first-degree felony is the highest of these classifications, while a fifth-degree felony is the lowest. The degree affects the prison term and maximum fine a court may impose.

Unclassified Felonies

Some Ohio felonies do not fit within the F1 through F5 system. Ohio’s most serious offenses, including murder and aggravated murder, carry penalties outside the standard felony-degree ranges. When a prosecutor can seek the death penalty for a crime, it is known as a capital offense.

First-Degree and Second-Degree Felonies

First- and second-degree felonies include some of Ohio’s most serious criminal charges. Offenses classified at these levels can include manslaughter, kidnapping, certain sex offenses, violent crimes, and serious drug offenses.

Under Ohio’s Reagan Tokes Law, qualifying first- and second-degree felonies committed on or after March 22, 2019, generally receive an indefinite prison sentence. For a single qualifying felony, the court selects a stated minimum term from the range in ORC 2929.14, and the maximum term is generally the minimum term plus 50 percent.

For example, an eight-year minimum term for a single qualifying felony would generally produce a 12-year maximum term. Different rules can apply when the court sentences a person for multiple offenses or when another sentencing provision controls.

Third-Degree Felonies

Certain violent, drug, and property crimes are third-degree felonies. Depending on the offense, a third-degree felony carries a prison term of nine to 36 months or 12 to 60 months and a maximum fine of $10,000.

Fourth-Degree Felonies

This degree of felonies includes unlawful sexual misconduct with a minor, vehicular assault, and grand theft auto. If convicted of a fourth-degree felony, you may spend between six and 18 months in prison and be fined up to $5,000.

Fifth-Degree Felonies

Fifth-degree felonies are the lowest degree of felony under Ohio’s five-level classification system. A fifth-degree felony carries a potential prison term of six to 12 months and a maximum fine of $2,500.

The classification tells you the statutory level of the offense, but it does not tell you what sentence the court will impose in your case. Ohio sentencing law can require or permit different sanctions depending on the offense and other applicable sentencing provisions. Our Cincinnati felony defense attorneys can determine which sentencing rules apply to the specific charge against you.

Additional Penalties for Felony Convictions in Ohio

Ohio courts can impose sanctions in addition to or instead of prison when permitted by the sentencing statutes. These can include:

• Residential sanctions: A court can require you to live in a residential correctional setting rather than serve the sentence in prison.
• Non-residential sanctions: A court can impose community-control requirements that restrict your conduct while you remain in the community.
• Financial sanctions: A felony sentence can require payment of restitution or other financial obligations authorized by law.

Does Every Ohio Felony Conviction Require Prison?

A felony classification identifies the potential prison range, but a felony conviction does not always mean the court must impose a prison term. Ohio sentencing law distinguishes between offenses for which prison is mandatory and cases in which the court can consider other sanctions.

Whether prison is required depends on the offense and the sentencing provisions that apply to it. That is why two charges carrying the same felony degree do not always produce the same type of sentence.

Our Cincinnati felony defense attorneys can determine whether the charge against you carries mandatory prison time and explain the sentencing alternatives available if it does not. Our analysis can also affect how we approach negotiations and other decisions in your defense.

How Felony Convictions in Cincinnati Impact Life After Release

The consequences of a felony conviction can continue after you complete the sentence imposed by the court.

Probation Violations

After release, many convicted felons face probation periods with strict requirements. Violating any term of probation, such as missing appointments, failing drug tests, or committing even minor infractions, can lead to serious consequences.

These consequences can include additional prison time, heightened probation terms, or new charges. Probation violations can add significant time and restrictions to an individual’s sentence, creating further setbacks to rebuilding their life.

Loss of Gun Rights

Ohio law prohibits convicted felons from legally owning or possessing firearms, regardless of the conviction’s age or the offense’s nature. Being caught with a firearm as a felon is a serious offense and can lead to additional criminal charges, lengthy prison sentences, and steep fines. For individuals who previously used firearms for personal protection, hunting, or hobbies, this restriction can be both personally and practically challenging.

Employment Challenges

A felony conviction can limit employment opportunities when an employer considers criminal history during the hiring process. It can also affect eligibility for jobs that require professional licensing or other legal qualifications.

Educational Limitations

Pursuing education after a felony conviction may still present challenges when a school or particular program considers an applicant’s criminal record. A felony conviction can also affect eligibility for professional licenses required to enter certain careers.

Felony Charges We Handle at Luftman, Heck & Associates

Our attorneys defend a wide range of felony allegations in Hamilton County and across Southern Ohio. Below are common charges we handle and how we approach them:

• Arson & Aggravated Arson – We can examine whether the evidence establishes the cause of the fire and the elements required for the charged offense.
• Vandalism – We can examine the evidence concerning the alleged property damage and the value attributed to it.
• Criminal Mischief – We can determine whether the evidence establishes the conduct and intent required for the charge.
• Assault & Aggravated Assault – We can examine whether the prosecution can prove the required conduct and level of harm.
• Domestic Violence – We can investigate the allegation and determine whether the available evidence supports the conduct alleged.
• Drug Possession – We can examine whether the prosecution can prove possession and whether police lawfully obtained the evidence.
• Drug Trafficking – We can review the evidence the prosecution relies on to establish trafficking rather than possession.
• Drug Manufacturing – We can examine whether the evidence establishes the conduct required for a manufacturing charge.
• DUI/OVI (Felony) – We can verify the prior convictions and other facts the prosecution relies on to classify the OVI as a felony.
• Kidnapping – We can examine whether the prosecution can prove the restraint or removal required for the charge.
• Abduction – We can determine whether the evidence establishes the conduct and mental state required for the alleged offense.
• Vehicular Homicide – We can examine the evidence connecting the alleged driving conduct to the death.
• Public Indecency – We can determine whether the prosecution can establish the statutory elements of the alleged conduct.
• Resisting Arrest – We can examine the circumstances of the arrest and the conduct the prosecution claims constituted resistance.
• Robbery – We can examine whether the evidence establishes the force or threat of force required for the charged offense.
• Burglary – We can examine whether the prosecution can establish the required entry and criminal purpose.
• Grand Theft – We can review the evidence supporting the alleged theft and the value used to determine the degree of the charge.
• Hit and Run – We can examine whether the prosecution can establish that you were the driver and that the applicable reporting requirements were violated.

FAQs About Felony Charges in Cincinnati, Ohio

What Is a Fifth-Degree Felony in Ohio?

This is the lowest degree of felony crimes and includes simple possession of Schedule I and II drugs, illegal gambling, and breaking and entering. These crimes can be punished with between six and 12 months in prison and $2,500 in fines.

What Should I Do If I’m Arrested for a Felony in Ohio?

Stay calm, don’t resist, and do not answer questions. Invoke your right to remain silent and request a lawyer. Contact a Cincinnati felony defense attorney immediately so your rights are protected from the start.

Can a Felony Conviction Be Expunged or Sealed in Ohio?

Some felony convictions may be eligible for record sealing or expungement under Ohio law, while others are excluded. Eligibility depends on the conviction and the requirements of Ohio’s current record-sealing and expungement laws. Learn more about expunging your criminal record in Ohio or ask LHA to review whether your conviction is eligible.

Will I Be Eligible for Probation after a Felony?

Eligibility depends on the offense degree, facts (e.g., weapons, injury), and prior record. Lower-degree, non-violent felonies are more likely candidates. Some offenses carry mandatory prison terms. We argue mitigating factors to maximize community-control options.

Can My Felony Be Reduced to a Misdemeanor?

In some cases, a felony charge can be reduced through plea negotiations or when the evidence does not support the felony offense as charged. We can evaluate whether the prosecution has evidence to establish each required element and determine whether seeking a reduced charge is appropriate.

What Is an Arraignment and Do I Need a Lawyer There?

Arraignment is your first court appearance where charges are read and initial pleas and bond are addressed. Having counsel present can affect release conditions and protect you from making harmful statements.

What Are Common Defenses to Felony Charges?

The available defenses depend on the felony charge and the evidence the prosecution intends to use. We can determine whether the state can prove each element of the offense and whether there are grounds to challenge evidence before trial.

Facing a Felony in Cincinnati? Contact LHA Today

If you have been charged with a felony in Cincinnati, Luftman, Heck & Associates can review the charge and evidence against you and determine where we can challenge the prosecution’s case. Attorney Brad Groene and our criminal defense team can explain the penalties you could face and the defense we recommend. Call (513) 338-1890 for a free consultation with a Cincinnati felony defense attorney.