How A Judge Decides

ORC 2929.13 — the difference between a range and a sentence

The degree gives you a range. What decides where you land inside it, or whether prison is on the table at all, is a separate set of rules, and every drug tier is tagged with which one applies to it.

Guidance	What it means	Where it applies
No presumption	The court weighs the purposes and the factors and decides	F-3s generally, and Division C drug tiers
Community control leaning	Community control is required unless listed factors apply	Many non violent F-4s and F-5s, Division B drug tiers
Presumption for prison	Prison is presumed, and the court must make findings to depart from it	F-1, F-2, and in favor drug tiers
Mandatory	A prison term must be imposed from the range	Mandatory drug tiers, and listed offences
Major drug offender	The maximum term for the degree must be imposed	The top quantity tier of each drug

Underneath all of it the court is required to use the minimum sanctions that accomplish the purposes of sentencing without an unnecessary burden on government resources. That is not a slogan in a preamble, it is the statutory instruction.

Factors making it worse include serious harm, a position of trust, acting for hire or as organised activity, and a prior record.
Factors making it better include no prior record, years of law abiding life, strong provocation, and genuine remorse.
Committing the offence while on bail, on community control, or on post release control counts against you specifically.
A court may not sentence based on race, ethnicity, gender, or religion.
Veteran status is its own listed consideration.

Intervention in lieu of conviction is the route most people have never heard of. If drug or alcohol use, mental illness, an intellectual disability, or having been a victim of human trafficking contributed to the offence, a defendant can apply for treatment instead of a conviction. Complete it and the charges are dismissed and can be sealed as a dismissal. At the hearing the court is required to presume it is appropriate and to put reasons in writing if it says no.

Applying means waiving speedy trial rights, so it is a real trade, not a free option.
Eligibility turns on record, the offence charged, the victims, and an assessment the court orders.
All felony sex offences are excluded.
This is asked for through a lawyer, early, and it is the single strongest reason not to resolve a drug case at the first hearing.

Drawn from the Felony Sentencing Reference Guide, March 2026 edition. It describes the general scheme, and an individual offence statute can override any of it.

Sources for this section (6)

ORC 2929.13 — Sentencing guidance by felony degree
ORC 2929.12 — Seriousness and recidivism factors
Felony Sentencing Reference Guide — Ohio Criminal Sentencing Commission, March 2026 edition
ORC 2929.14 — Definite prison terms for felonies
ORC 2929.11 — Purposes and principles of felony sentencing
ORC 2951.041 — Intervention in lieu of conviction

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. For your specific situation talk to a licensed Ohio attorney.