Skip to contentSkip to Search and the menu

Degrees of a Charge

ORC 2901.02 — every degree, with the range that comes with it

Every Ohio offense carries a degree, and the degree sets the range before anyone looks at the facts of your case. Two people charged with the same degree face the same ceiling. Where inside the range they land is the part the judge decides.

  • ORC 2901.02
  • ORC 2929.11
Email

Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.

MisdemeanorMaximum jailMaximum fine
MisdemeanorMinorMaximum jailNoneMaximum fine$150
Misdemeanor4th degreeMaximum jail30 daysMaximum fine$250
Misdemeanor3rd degreeMaximum jail60 daysMaximum fine$500
Misdemeanor2nd degreeMaximum jail90 daysMaximum fine$750
Misdemeanor1st degreeMaximum jail180 daysMaximum fine$1,000
  • ORC 2929.24
  • ORC 2929.28
FelonyPrison rangeMaximum fine
Felony5th degreePrison range6 to 12 monthsMaximum fine$2,500
Felony4th degreePrison range6 to 18 monthsMaximum fine$5,000
Felony3rd degreePrison range9 to 36 months, or 12 to 60 for listed offensesMaximum fine$10,000
Felony2nd degreePrison range2 to 8 yearsMaximum fine$15,000
Felony1st degreePrison range3 to 11 yearsMaximum fine$20,000
  • Felony terms are set in whole steps, not anywhere in the range. An F-5 is 6, 7, 8, 9, 10, 11, or 12 months, not 7 and a half.
  • F-3 has two ranges. The longer one applies to a listed set including aggravated vehicular homicide, sexual battery, and certain drug offenses.
  • The fine figures are ceilings, not what gets imposed, and drug cases have their own mandatory minimum fines on top.
  • Some offenses carry a superfine of up to one million dollars, which sits outside this table entirely.

F-1 and F-2 sentences are two numbers now, not one. For non life F-1 and F-2 offenses committed after 22 March 2019, the court sets a minimum term from the range and a maximum is then calculated on top. That is why a sentence gets announced as a span rather than a single figure.

  • ORC 2929.144
  • ORC 2929.14

Prison is not the end of the sentence. Post release control follows most felony terms, and it has its own length and its own consequences for violating it. An F-1 carries a mandatory minimum of two years of it.

Ranges are drawn from the Ohio Criminal Sentencing Commission's Felony Sentencing Reference Guide, March 2026 edition, and cited back to the sections it summarizes. The offense statute itself governs, because individual offenses override the general table.

Sources for this section (9)
  1. ORC 2901.02 — Classification of offenses
  2. ORC 2929.24 — Definite jail terms for misdemeanors
  3. ORC 2929.14 — Definite prison terms for felonies
  4. ORC 2929.11 — Purposes and principles of felony sentencing
  5. ORC 2929.28 — Financial sanctions for misdemeanors
  6. ORC 2929.18 — Financial sanctions for felonies
  7. Felony Sentencing Reference Guide — Ohio Criminal Sentencing Commission, March 2026 edition
  8. ORC 2929.144 — Calculating the maximum term of an indefinite sentence
  9. ORC 2967.28 — Post release control

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.

From here