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.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
| Misdemeanor | Maximum jail | Maximum fine |
|---|---|---|
| MisdemeanorMinor | Maximum jailNone | Maximum fine$150 |
| Misdemeanor4th degree | Maximum jail30 days | Maximum fine$250 |
| Misdemeanor3rd degree | Maximum jail60 days | Maximum fine$500 |
| Misdemeanor2nd degree | Maximum jail90 days | Maximum fine$750 |
| Misdemeanor1st degree | Maximum jail180 days | Maximum fine$1,000 |
| Felony | Prison range | Maximum fine |
|---|---|---|
| Felony5th degree | Prison range6 to 12 months | Maximum fine$2,500 |
| Felony4th degree | Prison range6 to 18 months | Maximum fine$5,000 |
| Felony3rd degree | Prison range9 to 36 months, or 12 to 60 for listed offenses | Maximum fine$10,000 |
| Felony2nd degree | Prison range2 to 8 years | Maximum fine$15,000 |
| Felony1st degree | Prison range3 to 11 years | Maximum 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.
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)
- ORC 2901.02 — Classification of offenses
- ORC 2929.24 — Definite jail terms for misdemeanors
- ORC 2929.14 — Definite prison terms for felonies
- ORC 2929.11 — Purposes and principles of felony sentencing
- ORC 2929.28 — Financial sanctions for misdemeanors
- ORC 2929.18 — Financial sanctions for felonies
- Felony Sentencing Reference Guide — Ohio Criminal Sentencing Commission, March 2026 edition
- ORC 2929.144 — Calculating the maximum term of an indefinite sentence
- 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.