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.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
| Guidance | What it means | Where it applies |
|---|---|---|
| GuidanceNo presumption | What it meansThe court weighs the purposes and the factors and decides | Where it appliesF-3s generally, and Division C drug tiers |
| GuidanceCommunity control leaning | What it meansCommunity control is required unless listed factors apply | Where it appliesMany non violent F-4s and F-5s, Division B drug tiers |
| GuidancePresumption for prison | What it meansPrison is presumed, and the court must make findings to depart from it | Where it appliesF-1, F-2, and in favor drug tiers |
| GuidanceMandatory | What it meansA prison term must be imposed from the range | Where it appliesMandatory drug tiers, and listed offenses |
| GuidanceMajor drug offender | What it meansThe maximum term for the degree must be imposed | Where it appliesThe 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 organized 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 offense 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 offense, 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 offense charged, the victims, and an assessment the court orders.
- All felony sex offenses 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 offense 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. Applying it to a particular situation is the work of a licensed Ohio attorney.