WHAT EACH CHARGE CARRIES
36 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Degrees are taken from the offense statute rather than the general table, because offenses override that table constantly.
36 charges
Failure to disclose personal information
M4 · up to 30 days
Also searched as refusing to ID, failure to identify, wouldnt give my name, refused to identify myself
Refusing your name, address, or date of birth in a public place, once an officer reasonably suspects you of an offense or of witnessing a felony of violence.
| Degree | Up to | When |
|---|---|---|
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenEvery case. The statute has one level. |
Obstructing official business
M2 to F5 · up to 6 to 12 months
Also searched as obstruction, obstructing, interfering with police, getting in the way
An act, without privilege, that hampers or impedes a public official performing a lawful duty, done with the purpose of preventing or delaying it.
| Degree | Up to | When |
|---|---|---|
| M2Second degree misdemeanor | 90 days$750 fine | WhenThe ordinary case |
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenThe violation creates a risk of physical harm to any person |
Words alone are not an act. Speech that annoys or criticizes an officer is protected and cannot be turned into obstruction on its own.
Resisting arrest
M2 to F4 · up to 6 to 18 months
Also searched as resisting, pulled away, fought the cuffs, resisted
Recklessly or by force resisting or interfering with a lawful arrest, of yourself or of someone else.
| Degree | Up to | When |
|---|---|---|
| M2Second degree misdemeanor | 90 days$750 fine | WhenThe ordinary case, under division (A) |
| M1First degree misdemeanor | 180 days$1,000 fine | WhenUnder division (B) |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenUnder division (C) |
The arrest has to be lawful for the charge to stand, but that is decided in court afterwards rather than on the street.
Failure to comply with an order or signal of a police officer
M1 to F4 · up to 6 to 18 months
Also searched as fleeing and eluding, didnt pull over, ran from police, failure to comply
Failing to comply with a lawful order or direction of an officer directing traffic, or willfully eluding or fleeing an officer after a signal to stop.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe ordinary case |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenFleeing immediately after committing a felony, on the finding the statute requires |
This is the charge behind not pulling over promptly. Ohio expects a prompt stop as soon as it is safe.
Disorderly conduct
MM to M4 · up to 30 days
Also searched as disorderly, dis con, public intoxication, causing a scene
Recklessly causing inconvenience, annoyance, or alarm to another, by the specific conduct the statute lists.
| Degree | Up to | When |
|---|---|---|
| MMMinor misdemeanor | No jail$150 fine | WhenThe ordinary case |
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenPersisting after a reasonable warning to stop, near a school, or in the presence of an officer or first responder at an emergency |
The escalation to M4 for continuing after a warning is the one that catches people, because the warning is what creates it.
Misconduct at an emergency
MM to M4 · up to 30 days
Also searched as wouldnt move back at a crash, got in the way at a fire, hampering at a scene, crowding an accident scene
Hampering the lawful operations of an official at the scene of a fire, accident, disaster, riot or emergency, or failing to obey a lawful order of such an official, or knowingly hampering the person of another at such a scene.
| Degree | Up to | When |
|---|---|---|
| MMMinor misdemeanor | No jail$150 fine | WhenThe ordinary case |
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenWhere the violation creates a risk of physical harm to persons or property |
A separate offense from obstructing official business, and it reaches a scene rather than an investigation. Standing somewhere at a crash can be within it where standing in the same place an hour later would not be.
Criminal trespass
M4 · up to 30 days
Also searched as trespassing, trespassed, told to leave and stayed, trespass warning
Entering or staying on land or premises without privilege, including staying after someone with authority has told you to leave.
| Degree | Up to | When |
|---|---|---|
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenViolations of divisions (A)(1) through (A)(4) |
This is the charge that a filming dispute usually becomes. Once a lawful order to leave is refused, the suspected offense is the refusal.
Operating a vehicle under the influence
M1 · up to 180 days
Also searched as dui, ovi, drunk driving, dwi, impaired driving
Operating a vehicle while under the influence, or with a prohibited concentration of alcohol or a drug of abuse.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$565 to $1,075 fine | WhenA first offense within the lookback period |
Priors inside the lookback period, a high test result, a refusal with a qualifying prior, and any serious injury all change this. The court suspension is separate from the administrative one that starts at arrest.
Driving under an OVI suspension
M1 · up to 180 days
Also searched as driving on a suspended license, dus, drove while suspended
Operating a vehicle while your license is suspended under the OVI provisions.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenA first offense |
Charged on top of whatever the original case does, including during the administrative suspension that starts at arrest.
Carrying concealed weapons, failure to disclose
M2 to F5 · up to 6 to 12 months
Also searched as ccw charge, didnt tell them about my gun, concealed carry charge, duty to inform
Knowingly failing to disclose a concealed handgun when an officer asks during a stop, or failing to keep your hands in plain sight.
| Degree | Up to | When |
|---|---|---|
| M2Second degree misdemeanor | 90 days$750 fine | WhenFailing to disclose when the officer asks, division (B)(1) |
| M1First degree misdemeanor | 180 days$1,000 fine | WhenA first violation of division (B)(2) or (B)(4): hands out of sight, or an officer's lawful order not followed |
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenA prior conviction under (B)(2) or (B)(4), or reaching for or touching the loaded handgun under (B)(3) |
Senate Bill 215 tied this to the officer asking rather than to volunteering it on contact, and published summaries still disagree about how much of the old proactive duty survived. A license holder convicted of the misdemeanor also has the license suspended on top of the sentence.
Improperly handling firearms in a motor vehicle
M2 to F4 · up to 6 to 18 months
Also searched as gun in the car charge, loaded gun in vehicle, shot from a car
Discharging a firearm from a vehicle, having a loaded handgun in one while under the influence, and the duties at a stop with a loaded handgun in the vehicle, among the other divisions.
| Degree | Up to | When |
|---|---|---|
| M2Second degree misdemeanor | 90 days$750 fine | WhenFailing to disclose a loaded handgun in the vehicle when the officer asks, division (E)(1) |
| M1First degree misdemeanor | 180 days$1,000 fine | WhenHands out of sight, leaving the vehicle, or an officer's lawful order not followed, division (E)(3) or (E)(5), a first time |
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenHaving a loaded handgun in a vehicle while under the influence, touching the loaded handgun during the stop under (E)(4), or a repeat (E)(3) or (E)(5) |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenDischarging a firearm from a vehicle, or a loaded handgun concealed on the person while under the influence |
Both apply to a qualifying adult exactly as they apply to anyone else. Permitless carry did not touch either.
Using weapons while intoxicated
M1 · up to 180 days
Also searched as gun while drunk, carrying while drinking, drinking and carrying, armed and intoxicated
Carrying or using a firearm or dangerous ordnance while under the influence of alcohol or any drug of abuse.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenAny violation of the section |
Carrying is enough. Nothing has to be fired and no vehicle has to be involved, which is what separates this from the vehicle section and from OVI.
Violating a protection order
M1 to F3 · up to 9 to 36 months, or 12 to 60 for listed offenses
Also searched as violating a cpo, broke the no contact order, protection order violation, contempt of a protection order
Recklessly violating the terms of a protection order or consent agreement issued under any of the five sections that create them.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe ordinary case |
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenA previous violation of any protection order, or two or more menacing, stalking or aggravated trespass convictions involving the same protected person |
| F3Third degree felony | 9 to 36 months, or 12 to 60 for listed offenses$10,000 fine | WhenThe violation happens while committing a felony offense |
The protected person cannot consent to the contact. An order is the court's, and doing what the protected person asked is not a defense to having broken it.
Unlawful transaction in weapons
M4 to F4 · up to 6 to 18 months
Also searched as gave him my gun, sold a gun to a felon, furnishing a firearm, handed over a gun
Recklessly selling or furnishing a firearm or dangerous ordnance to a person prohibited from having it, whether because they are intoxicated at the time or because they fall in a disabled class, or possessing one with purpose to do so.
| Degree | Up to | When |
|---|---|---|
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenSelling or furnishing to a prohibited or intoxicated person, or possessing with that purpose |
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenFailing to require authorization from a transferee of dangerous ordnance, or failing to report such a transaction, or a loss or theft |
Recklessly, not knowingly. The charge lands on the person handing it over, and intoxication at that moment counts alongside the categories that are about who somebody is.
Improperly furnishing firearms to a minor
F5 · up to 6 to 12 months
Also searched as gave a gun to a kid, let a minor have a gun, handgun to someone under 21
Furnishing any firearm to a person under eighteen, or any handgun to a person under twenty one, other than for lawful hunting, sporting or educational purposes.
| Degree | Up to | When |
|---|---|---|
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenAny violation of the section |
Two different ages for two different things: eighteen for a firearm, twenty one for a handgun.
Drug paraphernalia
M4 · up to 30 days
Also searched as paraphernalia, pipe charge, needle, scales
Using, or possessing with purpose to use, equipment or material for producing, packing, storing, or introducing a controlled substance into the body.
| Degree | Up to | When |
|---|---|---|
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenPossession or use under division (C)(1) |
Marijuana drug paraphernalia
MM · no jail
Also searched as weed pipe, grinder charge, bong
Using, or possessing with purpose to use, paraphernalia specifically for marijuana.
| Degree | Up to | When |
|---|---|---|
| MMMinor misdemeanor | No jail$150 fine | WhenUnder division (C) |
A separate and lower offense than general drug paraphernalia, which is why the item involved matters.
Possession of a controlled substance
M1 · up to 180 days
Also searched as possession, poss, caught with drugs, how much is a felony
Knowingly obtaining, possessing, or using a controlled substance.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe lowest tier only, for schedule III to V under bulk. Everything else is a felony. |
There is no single degree for this. It runs from a minor misdemeanor to a first degree felony depending on the substance and the amount, and the tables are the real answer.
Trafficking in drugs
F5 · up to 6 to 12 months
Also searched as trafficking, intent to sell, distribution, dealing
Selling or offering to sell a controlled substance, or preparing, shipping, or possessing one with intent to distribute.
| Degree | Up to | When |
|---|---|---|
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenThe lowest tier only. Every tier above it is higher, and the enhancement raises it again. |
No completed sale is required. The tiers are the same weights as possession, charged a degree or more higher.
Having physical control of a vehicle while under the influence
M1 · up to 180 days
Also searched as physical control, PC, sleeping it off, sitting in my car drunk, parked and drinking
Being in the driver's position of a vehicle, in possession of the ignition key or other ignition device, while under the influence or over a prohibited concentration. No movement of the vehicle is required.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenEvery case. The offense has one level. |
A court may impose a class seven license suspension. The offense is separate from OVI and does not require operation, which is the whole reason it exists as its own section.
Having weapons while under disability
F3 · up to 9 to 36 months, or 12 to 60 for listed offenses
Also searched as weapons under disability, WUD, felon with a gun, not allowed to have a gun
Knowingly acquiring, having, carrying or using a firearm or dangerous ordnance while inside one of the categories the section lists, which include being under indictment for or convicted of a felony offense of violence or a felony drug offense.
| Degree | Up to | When |
|---|---|---|
| F3Third degree felony | 9 to 36 months, or 12 to 60 for listed offenses$10,000 fine | WhenEvery case. The section has one level. |
Under indictment is in the section alongside convicted, so the disability can attach before any case is decided. Relief from disability is a separate proceeding in section 2923.14.
Falsification
M1 to F3 · up to 9 to 36 months, or 12 to 60 for listed offenses
Also searched as lying to police, false statement, gave a fake name, false report
Knowingly making a false statement, or knowingly swearing or affirming the truth of a false statement previously made, in one of the situations the section lists, which include a statement made with purpose to mislead a public official in performing an official function.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe ordinary case |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenFalsification to obtain a concealed handgun license |
| F3Third degree felony | 9 to 36 months, or 12 to 60 for listed offenses$10,000 fine | WhenFalsification in a removal proceeding under the sections the statute names |
In a theft offense the degree climbs with the value involved. Staying silent is not a false statement, which is the distinction the section runs on.
Failure to appear
M1 to F4 · up to 6 to 18 months
Also searched as FTA, missed my court date, didnt show up to court, bench warrant
Failing to appear as required after having been released on personal recognizance or on a recognizance bond under section 2937.29.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe release was in connection with a misdemeanor charge, or was for appearance as a witness |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenThe release was in connection with a felony charge, or a pending appeal after a felony conviction |
This is a new and separate offense rather than a penalty on the old one, so it carries its own degree on top of whatever the original charge carries.
Failure to disperse
MM to M4 · up to 30 days
Also searched as wouldnt leave, refused to disperse, ordered to leave a protest, unlawful assembly
Failing to obey an official order to disperse, where five or more persons are participating in conduct likely to cause serious inconvenience, annoyance or alarm to persons in the vicinity.
| Degree | Up to | When |
|---|---|---|
| MMMinor misdemeanor | No jail$150 fine | WhenThe ordinary case |
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenThe failure creates a likelihood of physical harm to persons, or happens at the scene of a fire, accident, disaster, riot or emergency of any kind |
The ordinary case is a minor misdemeanor, which means section 2935.26 puts it in citation territory rather than arrest territory.
Riot
M1 · up to 180 days
Also searched as rioting, charged with riot, five or more people
Participating with four or more others in a course of disorderly conduct with one of the purposes the section lists, which include committing a misdemeanor, intimidating a public official, or hindering a governmental function.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenEvery case. The section has one level. |
Four or more others means a group of five. The offense is built on disorderly conduct plus a purpose, so both halves have to be there.
Aggravated riot
F5 to F3 · up to 9 to 36 months, or 12 to 60 for listed offenses
Also searched as agg riot, felony riot
The same participation as riot, but with a purpose to commit or facilitate a felony, or while any participant has a deadly weapon or dangerous ordnance, or by a person under detention.
| Degree | Up to | When |
|---|---|---|
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenDivisions (A)(1) and (A)(3) |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenDivisions (A)(2) and (B)(1) |
| F3Third degree felony | 9 to 36 months, or 12 to 60 for listed offenses$10,000 fine | WhenDivision (B)(2) |
Which division a set of facts lands in is what sets the degree here, and the divisions are not interchangeable. The charging document names the one being used.
Illegal conveyance or possession of a deadly weapon in a school safety zone
F5 to F4 · up to 6 to 18 months
Also searched as gun on school property, weapon at a school, school safety zone, knife at school
Knowingly conveying, attempting to convey, or possessing a deadly weapon or dangerous ordnance in a school safety zone.
| Degree | Up to | When |
|---|---|---|
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenThe ordinary case |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenThe offender has previously been convicted of a violation of this section |
A school safety zone is wider than a school building. This section runs on the general deadly weapon definition, so the knife carve out written for section 2923.20 does not reach it.
Illegal conveyance or possession of a deadly weapon in a courthouse
F5 to F4 · up to 6 to 18 months
Also searched as gun at the courthouse, weapon in court, knife at the courthouse
Knowingly conveying, attempting to convey, possessing or having under one's control a deadly weapon or dangerous ordnance in a courthouse, or in another building or structure in which a courtroom is located.
| Degree | Up to | When |
|---|---|---|
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenThe ordinary case, whether conveying or possessing |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenThe offender has previously been convicted of a violation of division (A) or (B) of this section |
Another building or structure in which a courtroom is located is the phrase that catches people. A municipal building with a courtroom inside it is covered by the words of the section.
Menacing by stalking
M1 to F4 · up to 6 to 18 months
Also searched as stalking, menacing, stalking charge, they said i was stalking
Engaging in a pattern of conduct that knowingly causes another person to believe the offender will cause them physical harm, or causes them mental distress.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe ordinary case |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenA prior conviction under this section, a threat of physical harm, trespass where the victim lives, works or attends school, or the other circumstances the section lists |
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenThe victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to their duties |
A pattern of conduct means two or more incidents closely related in time. This is the offense a civil stalking protection order under section 2903.214 is built on, and the two run separately.
Speeding
MM to M3 · up to 60 days
Also searched as speeding ticket, going too fast, exceeding the speed limit, radar ticket
Exceeding a speed limit set by the section, or driving at a speed greater or less than is reasonable and proper for the conditions, or at a speed that will not permit stopping within the assured clear distance ahead.
| Degree | Up to | When |
|---|---|---|
| MMMinor misdemeanor | No jail$150 fine | WhenThe ordinary case |
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenOne predicate motor vehicle or traffic offense within one year of this one |
| M3Third degree misdemeanor | 60 days$500 fine | WhenTwo or more predicate motor vehicle or traffic offenses within that year |
A construction zone with a sign posted under the section that governs those signs carries a fine of twice the usual amount, on top of everything else. Which division the ticket is written under decides whether the limit is prima facie or absolute, and no person may be convicted under divisions (B) through (O) on an officer's unaided visual estimate alone.
Opened container of beer or intoxicating liquor
MM · no jail
Also searched as open container, open container in a car, open beer in the car, open container ticket
Possessing an opened container of beer or intoxicating liquor in a state liquor store, on unauthorized permit premises, in any other public place, or while operating, riding in, or being in or on a stationary motor vehicle on a street, highway, or property open to the public for vehicular travel or parking.
| Degree | Up to | When |
|---|---|---|
| MMMinor misdemeanor | No jail$150 fine | WhenEvery case. The penalty section gives this one level. |
Impairment is not an element and neither is drinking. The offense is possession of the opened container in a listed place, which is why it can be written against a passenger who never touched the wheel. The exceptions for a chauffeured limousine, a bottle resealed at purchase, and a designated outdoor refreshment area are in the statute itself.
Consuming beer or intoxicating liquor in a motor vehicle
M4 · up to 30 days
Also searched as drinking in the car, drinking while driving, consuming in a vehicle
Consuming any beer or intoxicating liquor in a motor vehicle, outside the persons the open container section's limousine division describes.
| Degree | Up to | When |
|---|---|---|
| M4Fourth degree misdemeanor | 30 days$250 fine | WhenEvery case. The penalty section gives this one level. |
A jailable offense, unlike the open container it usually travels with. Where the offender was under eighteen at the time, the court may also suspend a temporary instruction permit, probationary license or driver's license for not less than six months and not more than one year.
Theft
M1 to F1 · up to 3 to 11 years
Also searched as shoplifting, stealing, petty theft, grand theft, larceny
Knowingly obtaining or exerting control over property or services, with purpose to deprive the owner of it, in one of the ways the section lists, including without consent, beyond the scope of consent given, by deception, by threat or by intimidation.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenValue under $1,000. The section calls this petty theft |
| F5Fifth degree felony | 6 to 12 months$2,500 fine | WhenValue $1,000 to under $7,500, or the property is on the list that carries a fifth degree felony whatever it was worth, or the victim is in a protected class |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenValue $7,500 to under $150,000. Grand theft |
| F3Third degree felony | 9 to 36 months, or 12 to 60 for listed offenses$10,000 fine | WhenValue $150,000 to under $750,000. Aggravated theft |
| F2Second degree felony | 2 to 8 years$15,000 fine | WhenValue $750,000 to under $1,500,000 |
| F1First degree felony | 3 to 11 years$20,000 fine | WhenValue $1,500,000 or more |
Shoplifting is not a separate offense. It is this section, on this ladder. Value is an element and is proved rather than asserted, and amounts across a course of conduct can be added together. A credit card, a license plate and a blank certificate of title each carry a fifth degree felony regardless of what they were worth.
Assault
M1 · up to 180 days
Also searched as simple assault, hit someone, assault charge, battery
Knowingly causing or attempting to cause physical harm to another or to another's unborn, or recklessly causing serious physical harm to another or to another's unborn.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenThe ordinary case |
The section raises the degree into the felony range where the victim is in one of the classes it lists, a peace officer performing official duties among them, and which rung applies turns on the class and the circumstances the section names. Where the person harmed is a family or household member the charge is usually written as domestic violence instead, which is a different section with protection order machinery attached to it.
Felonious assault
F2 · up to 2 to 8 years
Also searched as aggravated assault, assault with a weapon, felony assault
Knowingly causing serious physical harm to another or to another's unborn, or causing or attempting to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
| Degree | Up to | When |
|---|---|---|
| F2Second degree felony | 2 to 8 years$15,000 fine | WhenThe ordinary case |
A deadly weapon does the work here as much as the injury does: an attempt to cause physical harm by means of one is enough without serious harm resulting. The section raises the degree where the victim is a peace officer. On a domestic call the policy section directs an officer who finds this offense committed by the primary physical aggressor to arrest and detain that person until a warrant can be obtained.
Domestic violence
M1 to F3 · up to 9 to 36 months, or 12 to 60 for listed offenses
Also searched as dv, domestic, domestic violence charge, domestic assault
Knowingly causing or attempting to cause physical harm to a family or household member, recklessly causing serious physical harm to one, or by threat of force knowingly causing one to believe the offender will cause imminent physical harm.
| Degree | Up to | When |
|---|---|---|
| M1First degree misdemeanor | 180 days$1,000 fine | WhenCausing or attempting physical harm, or recklessly causing serious physical harm, with no prior |
| F4Fourth degree felony | 6 to 18 months$5,000 fine | WhenA prior conviction of the kinds the section lists |
| F3Third degree felony | 9 to 36 months, or 12 to 60 for listed offenses$10,000 fine | WhenTwo or more such priors |
The threat of force route is a fourth degree misdemeanor on its own, rising to a first degree misdemeanor with two or more priors. The ladder has more rungs than these, including enhancements where the offender knew the victim was pregnant, and the section is where the whole of it is written. Family or household member is a defined term reaching former spouses and people who have lived together, and a complainant cannot drop the charge because the case belongs to the State.
Every degree, for reference
The maximums above come from this table. An individual offense can set its own, and several do.
- MMNo jail$150
- M430 days$250
- M360 days$500
- M290 days$750
- M1180 days$1,000
- F56 to 12 months$2,500
- F46 to 18 months$5,000
- F39 to 36 months, or 12 to 60 for listed offenses$10,000
- F22 to 8 years$15,000
- F13 to 11 years$20,000
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
69 words
- AdjudicationThe juvenile court finding that a child committed the act alleged. It is what that court does instead of convicting, and what follows it is called a disposition rather than a sentence.
- AmenabilityWhether a child can be cared for or rehabilitated within the juvenile system. Where a transfer is discretionary, this is the question the hearing is about.
- Appointed counselCounsel provided at public expense to a defendant who cannot afford one, required in any case where imprisonment is actually imposed.
- ArraignmentThe hearing where the charge is read and a plea is entered. In Ohio the initial appearance and the arraignment can happen at the same hearing in a misdemeanor case.
- Assured clear distance aheadThe rule in division (A) of the speed section: no greater speed than lets the vehicle be brought to a stop within the distance that is clear ahead of it.
- BindoverMoving a case out of juvenile court and into adult criminal court. Ohio has a mandatory kind, where eligibility decides it, and a discretionary kind, where a hearing does.
- Brady materialEvidence favorable to the accused and material to guilt or punishment. Suppressing it violates due process regardless of whether the prosecution acted in good faith, and Giglio extends it to evidence impeaching a government witness.
- Bulk amountA quantity defined per substance in the definitions section, which the possession and trafficking tables then use as their unit. Multiples of it set the degree.
- Certificate of achievement and employabilityA certificate a prisoner who has completed approved vocational and cognitive or behavioral programs and community service may apply for, granting relief from mandatory civil impacts that would affect a job in the field the prisoner trained in.
- Civil penaltyA monetary penalty imposed outside the criminal process. A traffic camera violation is one, which is why it carries no points, is not reported to the Bureau of Motor Vehicles, and is not recorded on a driving record.
- Clear and convincing evidenceA standard of proof higher than the balance of probabilities used in an ordinary civil case and lower than proof beyond a reasonable doubt. Ohio uses it for civil commitment and for forfeiture, among other things.
- Collateral attackA later proceeding that challenges a conviction from outside the direct appeal, such as a petition for postconviction relief or a habeas action.
- CommencedFor the criminal clock, the date an indictment is returned or an information filed, or the date a lawful arrest without a warrant is made, or the date a warrant, summons, citation or other process is issued, whichever comes first, provided reasonable diligence is used to execute it.
- Community controlCourt supervision imposed instead of a prison term, with conditions set by the court. Ohio replaced the word probation with this term for felony sentencing.
- Competency to stand trialWhether a defendant, because of their present mental condition, is capable of understanding the nature and objective of the proceedings and of assisting in the defense. A defendant is presumed competent, and a finding otherwise takes a hearing and a preponderance of the evidence.
- Competent to be an electorThe statutory way of saying eligible to vote. A felony conviction removes it, and the same section gives it back on parole, judicial release, a conditional pardon, non jail community control or post release control, and thereafter on final discharge.
- Dangerous ordnanceA defined category above deadly weapon, covering automatic and sawed off firearms, military weapons, explosive devices and similar items, with express exclusions in the definition.
- Days of creditDays a person in a state correctional institution may provisionally earn toward the stated prison term, one day or five days for each completed month of productive participation in a program, with more for completing certain programs.
- Deadly weaponAnything capable of inflicting death that is either designed or specially adapted for use as a weapon, or possessed, carried or used as one. It is a definition with elements, and nothing is a deadly weapon by default.
- DegreeThe classification every Ohio offense carries, from minor misdemeanor up to felony of the first degree. The degree sets the available range before anyone looks at the facts.
- DiscoveryThe exchange of evidence between the parties in a criminal case. On receipt of a written demand the prosecuting attorney provides the categories the rule lists, including statements, records, lab results and officer reports.
- Exclusionary ruleEvidence obtained in violation of the Fourth Amendment is generally inadmissible in a criminal prosecution. The case that applied the rule to the states came out of Ohio.
- Explanation of circumstancesThe account of the offense a court hears before making a finding on a misdemeanor no contest plea. Section 2937.07 lets the judge find guilty or not guilty from it.
- Final dischargeRelease from parole or probation, which is the event a juvenile sealing application is measured from. A person under eighteen may apply six months after it, and a person eighteen or older may apply immediately after it.
- Final releaseThe end of parole the adult parole authority may grant to a parolee who has faithfully performed the conditions, with a certificate of final release, not earlier than one year after release on parole, or five years for a life sentence.
- ForfeitureThe state going to court to keep seized property permanently. It is a separate proceeding from the criminal case, with its own filings, its own standard of proof, and its own deadlines.
- HazingDoing any act, or coercing another including the victim to do any act, of initiation into an organization or to continue or reinstate membership in one, that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse.
- InstrumentalityProperty that is lawful to own, used in or intended to be used in an offense. The statutory list includes a firearm, a vehicle, a computer, a telecommunications device, and money.
- Intervention in lieu of convictionA statutory route where a court may stay the case and order treatment for an eligible defendant whose offense was related to a substance use disorder. Successful completion results in dismissal.
- Invoking the rightStating clearly that you are exercising the right to remain silent or the right to counsel. The right exists either way, but the protections that follow an invocation run from the moment it is stated.
- Judgment proofA description of a person whose income and property all sit inside the exemptions, so a judgment against them reaches nothing. It is a fact about what is collectible, not a status anybody is granted.
- Judicial releaseA reduction by the sentencing court of the nonmandatory part of a prison term, on the motion of an eligible offender or the court's own motion, after the waiting time the section sets for the length of the term.
- Jury demandThe written filing that gets a jury in a petty offense case. It goes to the clerk not less than ten days before the trial date, or on or before the third day after notice of that date, whichever is later.
- Least restrictive conditionsThe standard a court applies to pretrial release. Conditions are to be the least restrictive ones that reasonably assure the person's appearance and the safety of the public.
- Major drug offenderA specification attaching at the highest quantity tier of a drug offense. Where it applies, the court is required to impose the maximum term for the degree.
- Minor drug possession offenseA violation of the possession section that is a misdemeanor or a fifth degree felony. The phrase is the boundary of the overdose immunity, which reaches this and nothing heavier.
- Minor misdemeanorThe bottom rung of the Ohio code. No jail term at all, a fine capped at one hundred and fifty dollars, and a section that says an officer shall issue a citation rather than arrest unless one of four exceptions applies.
- No contestA plea that admits the truth of the facts alleged rather than guilt. It leaves a pretrial ruling appealable and, as a rule, cannot be used against the person in a later civil or criminal proceeding.
- Noneconomic lossThe part of a damages award that is not out of pocket. The seat belt section keeps a failure to wear one out of the negligence question entirely, then allows a trier of fact to reduce a recovery of compensatory damages representing this and only this.
- Not guilty by reason of insanityA finding that at the time of the offense the person did not know, as a result of a severe mental disease or defect, the wrongfulness of their acts. The person raising it carries the burden of proving it.
- Notice of appealThe filing that starts an appeal, due within thirty days of the entry of a final order. Past that a criminal defendant may ask leave for a delayed appeal, setting out why the appeal as of right was never perfected.
- Pattern of conductTwo or more actions or incidents closely related in time. It is the element that separates menacing by stalking from a single unpleasant encounter.
- Petty offenseA misdemeanor that is not a serious offense, meaning one whose penalty does not include confinement for more than six months. In a petty offense case the judge hears the trial unless a jury is demanded in writing.
- Post release controlSupervision by the adult parole authority after a prison term, required for some degrees and discretionary for others. Violations can carry additional prison time.
- Postconviction reliefA petition in the court that imposed sentence asking it to vacate or set aside the judgment or sentence, filed no later than three hundred sixty five days after the trial transcript is filed in the direct appeal, or after the time to appeal expires where there is no appeal.
- Predicate motor vehicle or traffic offenseA defined list of traffic sections in the definitions statute. One of them within a year turns a speeding violation from a minor misdemeanor into a fourth degree misdemeanor; two or more make it a third.
- Presumption of releaseFor a non life felony indefinite prison term, the presumption that the person is released when the minimum term expires, or on the presumptive earned early release date if that comes first.
- Pretrial motionA request to the court decided before trial, a motion to suppress evidence among them. The rule puts all of them within thirty-five days after arraignment or seven days before trial, whichever is earlier.
- Prima facieEstablished unless something is shown against it. Where a speed limit is prima facie, exceeding it makes out the violation and leaves room to show the speed was reasonable and proper for the conditions.
- Probable causeFacts that would lead a reasonable person to believe a crime has been committed and that this person committed it. It is the threshold for an arrest and for a search warrant.
- Qualified immunityA defense protecting an official sued individually unless the right they violated was clearly established at the time, meaning existing precedent had put the question beyond debate.
- Qualified interpreterThe interpreter a court appoints where a party or witness cannot readily understand or communicate because of a hearing, speech or other impairment. The appointment is the court's duty rather than something that has to be requested.
- Reciprocal discoveryThe defendant's duty to provide the state the same categories of material, triggered by having demanded discovery in the first place.
- Release revocation hearingThe hearing before a parole board member or hearing officer, held before release is revoked or a prison sanction is imposed, on whether a preponderance of the evidence shows a violation and whether mitigating circumstances make revocation inappropriate.
- ReplevinA civil action to recover specific property from whoever is holding it. Where a hardship petition is not filed in time or is not granted, it is one of the routes the forfeiture chapter leaves open.
- Reviewing officialThe person a private citizen's charging affidavit goes to for review. A judge of a court of record, the prosecuting attorney or the attorney charged by law with prosecution there, or a magistrate.
- School safety zoneA school building, the premises of a school, a school activity and a school bus. The zone is what the offense attaches to rather than the building alone.
- Sealing and expungementStatutory routes to restrict or destroy the record of a case. Sealing closes the record to most viewers; expungement is the destruction of it. Eligibility depends on the offense and on time elapsed.
- Search incident to arrestA search of the arrested person and the area within their reach, permitted automatically on a lawful arrest to protect officers and preserve evidence.
- Serious offenseAny felony, and any misdemeanor whose penalty includes confinement for more than six months. A jury is the default here, and letting it go takes a written, signed, filed waiver made in open court.
- Speedy trial timeThe number of days Ohio gives the state to bring a person to trial, counted from arrest or service of summons. Thirty for a minor misdemeanor, forty five, ninety, and two hundred and seventy for a felony.
- Strict liability offenseAn offense that needs no mental state at all. The license plate display offenses are one: a cover that obstructs the plate is a violation whether or not the driver knew it was too dark, because the section says so and switches off the rule that would otherwise read a mental state in.
- TollingA period that pushes the trial deadline out rather than counting against it. Section 2945.72 lists them, and several belong to the accused, including a continuance granted on their own motion.
- Triple countEach day a person is held in jail in lieu of bail on the pending charge counts as three days against the speedy trial count. It turns a felony's two hundred and seventy days into ninety.
- Under color of state lawThe condition that makes a federal civil rights claim available. Somebody exercising power they have because of their public office, whether or not they were following the rules of that office.
- Unit doseA single measured quantity as prepared for use. For some substances the tables run on doses as an alternative to weight, and whichever tier is reached first applies.
- Unruly childA category a juvenile court adjudicates, defined to include a child who does not submit to the reasonable control of a parent, teacher, guardian or custodian by reason of being wayward or habitually disobedient, a habitual truant, and a child whose behavior endangers health or morals.
- Weapons under disabilityA separate felony for possessing a firearm while in one of the listed categories, which include certain convictions, certain pending indictments, and certain findings.
- Willful or wanton disregardThe mental state the reckless operation section requires. Willful is an intentional departure from a clear duty; wanton is a failure to use any care with indifference to the consequences where the probability of harm is great and known.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Ohio attorney can tell you what yours is. Current as of September 2026.