Practice Areas

Cincinnati Felony Defense Attorney

A felony can change your life. Call LHA at (513) 338-1890 to schedule a free consultation.

Being charged with a felony in Ohio can feel overwhelming. Felonies carry severe penalties, including imprisonment, hefty fines, and a lasting criminal record. The impact of a felony conviction can extend beyond jail time, affecting your career, relationships, and future opportunities. To protect your rights, your first step should be to get a Cincinnati felony defense attorney on your side.

Our experienced Cincinnati criminal defense attorneys at Luftman, Heck & Associates will fight for your rights and ensure that every avenue of defense is explored. Contact us today at (513) 338-1890 to learn how our team is dedicated to defending your rights.

Understanding Ohio Crime Levels

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

Infractions

Infractions are the least severe type of offense in Ohio’s criminal system. These minor violations typically result in fines and do not involve jail time. Examples of infractions include traffic tickets and certain city code violations.

Misdemeanors

Misdemeanors are more serious than infractions but less severe than felonies, often involving penalties such as jail time of up to 180 days and fines up to $1,000. Common misdemeanors include petty theft, minor drug offenses, and simple assault. While less serious than felonies, misdemeanors can still have lasting effects on your record and future opportunities.

Felonies

Felonies are the most serious crimes, carrying severe punishments like lengthy prison sentences and substantial fines. Ohio classifies felonies into five degrees, ranging from first to fifth, with additional penalties for unclassified felonies, such as murder. Convictions can lead to life-altering consequences, impacting your rights, employment prospects, and personal life.

Ohio Felony Degrees & Potential Penalties

Understanding the penalties associated with each felony degree can help you see the stakes involved in your defense:

Unclassified Felonies

Ohio’s most serious offenses, including murder and aggravated murder, with penalties of life imprisonment or the death penalty. When a prosecutor can seek the death penalty for a crime, it is known as a capital offense.

First-Degree Felonies

Severe crimes like manslaughter, kidnapping, sex crimes, and large-scale drug trafficking. Penalties range from three to 11 years in prison and up to $20,000 in fines.

Second-Degree Felonies

This degree of felonies includes many violent crimes, certain drug offenses, and aggravated theft, with two to eight years in prison and fines up to $15,000.

Third-Degree Felonies

Certain violent, drug, and property crimes are third-degree felonies. These felonies are punishable by nine months or up to five years in prison and pay fines reaching $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 fined up to $5,000.

Fifth-Degree Felonies

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.

Additional Penalties for Felony Convictions in Ohio

There are certain additional sanctions that the court may impose upon conviction of a felony. Beyond imprisonment and fines, felony convictions can bring additional sanctions such as:

  • Residential sanctions: During residential sanctions, you are not housed in a prison or jail. You live in another type of facility such as a community-based correctional facilities or a halfway house, where your freedom is heavily restricted.
  • Non-residential sanctions: This sanction includes probation, community service, drug and alcohol monitoring and treatment, victim-offender mediation, counseling, and sex offender registration.
  • Financial sanctions: The convicted will be required to reimburse the cost to victims or restitution.

How Felony Convictions in Cincinnati Impact Life After Release

A felony conviction can extend its effects well beyond serving time or paying fines. A felony conviction in Cincinnati can impact every aspect of your life.

Probation Violations

After released, 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

Securing employment after a felony conviction is often one of the most difficult hurdles to overcome, as many employers conduct background checks and may hesitate to hire individuals with criminal records. Positions that require security clearances, financial handling, or professional licenses are frequently off-limits to felons, leaving a limited job pool. Even if job qualifications are met, social stigma can make the search for stable work long and discouraging, leading to financial and personal setbacks.

Educational Limitations

Pursuing education post-conviction may be challenging, especially in obtaining financial aid or acceptance into specific programs. Federal student aid programs often exclude individuals with felony drug convictions, which can severely impact funding for higher education.

When you are facing felony charges in the Cincinnati area, the best thing you can do for yourself is to call an Ohio felony defense attorney from Luftman, Heck & Associates.

Felony Charges We Handle at Luftman, Heck & Associates

At Luftman, Heck & Associates, our attorneys are experienced in defending clients against a wide range of felony charges, including but not limited to:

FAQs About Felony Charges in Cincinnati, Ohio

What should I do if I’m arrested for a felony in Ohio?

First, stay calm, avoid resisting arrest, and do not make any statements that could incriminate you. It’s crucial to exercise your right to remain silent until you have legal representation. Contact a Cincinnati felony defense attorney immediately, as they can guide you through the process, inform you of your rights, and help build a defense strategy from the outset.

Can a felony conviction be expunged from my record in Ohio?

Yes, some felony convictions in Ohio may be expunged, but eligibility is limited and depends on several factors. These include the nature of the offense (certain violent crimes, sex crimes, and serious felonies typically aren’t eligible), the amount of time that has passed since completing your sentence, and your overall criminal history.

How does a felony conviction affect my gun rights?

A felony conviction in Ohio generally results in the loss of your right to possess or own firearms. This restriction applies regardless of the felony type or time elapsed since the conviction. However, in some cases, individuals may petition the court to restore their firearm rights, usually after demonstrating rehabilitation and a specific need for firearm access.

Will I be eligible for probation if I’m convicted of a felony?

Eligibility for probation varies based on factors like the felony degree, any aggravating circumstances (such as the use of a weapon), and your prior criminal record. In Ohio, lower-level felonies are more likely to result in probation, whereas first-degree felonies or violent crimes often carry mandatory prison sentences.

Can I negotiate a lesser charge with the help of a felony defense attorney?

Yes, skilled felony defense attorneys often negotiate with prosecutors to reduce the charges or penalties, depending on your case’s circumstances. Through plea bargaining, an attorney may be able to have a felony reduced to a misdemeanor or secure a lighter sentence. Factors like your criminal history, the evidence strength, and any mitigating circumstances play a role in the negotiations.

How soon should I contact an attorney if I’m facing a felony charge?

It’s critical to contact an attorney as soon as you become aware of a felony investigation or immediately following an arrest. Early representation allows your attorney to gather evidence, protect your rights during questioning, and build a strong defense from the outset. Prompt action can make a significant difference in the outcome, as your attorney can work quickly to develop a legal strategy and mitigate potential consequences.

Facing a Felony Charge? Contact LHA Cincinnati Criminal Defense Today

If you’ve been charged with a felony, your situation may seem daunting. Don’t navigate felony charges alone. Reach out to Attorney Brad Groene and our compassionate and experienced team at Luftman, Heck & Associates. We have years of experience defending people in Cincinnati against criminal charges.

Contact us at (513) 338-1890 for a free initial consultation on your Cincinnati criminal case and explore your options.