COMMON FELONY CHARGES: 

1. FIRST DEGREE: Kidnapping, Rape, Aggravated Robbery

2. SECOND DEGREE: burglary, aggravated theft, felonious assault

3. THIRD DEGREE: Sexual battery, Sex with a minor, Vehicular Homicide

4. FOURTH DEGREE: Vehicle theft and promoting prostitution

5. FIFTH DEGREE: Forgery, Breaking and Entering, and Identity fraud

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In addition to a jail sentence, the court could also impose fines, and other consequences such as post release control. 

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Ohio imposes mandatory prison terms for a number of felonies such as:

1. Aggravated murder 

2. Murder

3. Assault on a police officer or pregnant woman

4. Repeat violent offenders

5. Certain sex offenses

6. Major drug offenses

7. Felony domestic violence, 

8. Brandishing a firearm, and many more.

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A mandatory sentence will override the standard authorized sentences in the chart above.

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What does a judge consider during felony sentencing?

The court must weigh the following factors, if present, as well as any other relevant factors.

OFFENDER’S CONDUCT MORE SERIOUS [§2929.12(B)]

• Injury exacerbated by victim’s physical or mental condition or age

• Victim suffered serious physical, psychological, or economic harm

• Offender held public office or position of trust related to the offense

• Offender’s occupation obliged the offender to prevent the offense or to bring those committing it to justice

• Offender’s reputation, occupation, or office facilitated the offense or is likely to influence others’ conduct

• Offender’s relationship with the victim facilitated the offense

• Offender acted for hire or as part of organized criminal activity

• Offender was motivated by prejudice based on race, ethnicity, gender, sexual orientation, or religion

In a domestic violence or assault case, offender is parent or custodian, the victim was a family or household member and the offense was committed in the vicinity of one or more children other than the victim

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OFFENDER’S CONDUCT LESS SERIOUS [§2929.12(C)]

• Victim induced and/or facilitated the offense

• Offender acted under strong provocation

• Offender did not cause or expect to cause physical 
  harm to person or property

• Substantial grounds exist to mitigate the offender’s conduct, even if they do not constitute a defense. 

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OFFENDER’S RECIDIVISM MORE LIKELY [§2929.12(D)]

• Offense was committed while on bail, awaiting sentencing, on felony community control or PRC, or after PRC unfavorably terminated

• Offender has a history of criminal convictions or juvenile delinquency adjudications

• Offender has not responded favorably to sanctions previously imposed in adult or juvenile court

• Offender shows pattern of alcohol/drug-use related to offense and doesn’t acknowledge it or refuses treatment

• Offender shows no genuine remorse

OFFENDER’S RECIDIVISM LESS LIKELY [§2929.12(E)]

• Offender has no prior juvenile delinquency adjudication and/or no prior adult conviction

• Offender has led a law-abiding life for a significant number of years

• Offense was committed under circumstances unlikely to recur

• Offender shows genuine remorse

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The court (judge) will weigh weigh the factors found under "Offender's conduct more serious" with the factors found under "Offender's conduct less serious" and "Offender's recidivism more likely" with "Offender's recidivism less likely" and accordingly make an appropriate sentence determination. 

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