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Misdemeanor Penalties
There are many misdemeanor charges in the State of Ohio. Some misdemeanors do not carry jail time, some carry up to 6 months in jail. Obviously the most serious charges have the most need for a criminal defense lawyer, but consulting a criminal defense lawyer is usually a good idea no matter what.
Minor Misdemeanors
Minor misdemeanors are charges that are punishable by up to $150 in fines and no possibility of jail or incarceration. Since there is no possibility of jail, there is also no possibility of probation or community control. The most common type of case is a traffic ticket. If you are speeding but not at an egregious speed then you will likely get a ticket and have to pay a fine. But there is no possibility of jail on a ticket like that. That is the reason most courts just allow someone to pay the fine and not show up in person to address the ticket. Some courts require a person to show up in person to contest charges that carry the possibility of jail time.
Disorderly conduct charges are another common type of charge that can be a minor misdemeanor (depending on which section is charged), along with a reckless operation of a motor vehicle. While you can hire an attorney to represent you on charges like this, since it does not carry the possibility of jail you do not have the right to have an attorney appointed to your case. A person charged with a minor misdemeanor also does not have the right to a jury trial since that is reserved for cases with the possibility of jail.
4th Degree Misdemeanor
This is the second lowest class of misdemeanor in the State of Ohio. The maximum penalties for almost all 4th degree misdemeanors is a fine of $250 and a maximum term of 30 days in jail. The common types of charges for this category of misdemeanors are disorderly conduct charges (depending on which section of the code is charged), receiving stolen property, menacing, domestic violence threats, criminal trespass, and possession of drug paraphernalia among others.
A 4th degree misdemeanor does carry the possibility of jail as well as probation. Since it carries the possibility of jail, a person charged has the right to have a criminal defense lawyer appointed to them if they cannot afford one on their own. There is also the right to a jury trial on these cases.
3rd Degree Misdemeanor
The maximum penalties for almost all 3rd degree misdemeanors is a maximum fine of $500 and a maximum term of 60 days in jail. The common types of charges for this category of misdemeanors are negligent assaults, sexual imposition, and criminal mischief among others. This class of charges also allows the accused to be eligible for appointed counsel if they cannot afford their own attorney. The jail time is not mandatory, and probation is allowed if the judge finds it appropriate given the nature of the case.
2nd Degree Misdemeanor
The maximum penalties for almost all 2nd degree misdemeanors is a maximum fine of $750 and a maximum term of 90 days in jail. The common types of charges for this category of misdemeanors are resisting arrest, criminal damaging, and obstructing official business. This class of charges also allows the accused to be eligible for appointed counsel if they cannot afford their own attorney. The jail time is not mandatory, and probation is allowed if the judge finds it appropriate given the nature of the case.
1st Degree Misdemeanor
The maximum penalties for almost all 1st degree misdemeanors is a maximum fine of $1000 and a maximum term of 180 days in jail. Some common examples of charges for this category of misdemeanors are domestic violence, assault, aggravated menacing, and theft. This class of charges also allows the accused to be eligible for appointed counsel if they cannot afford their own attorney. The jail time is not mandatory, and probation is allowed if the judge finds it appropriate given the nature of the case. These are the most category of crimes in the State of Ohio and include some violent offenses that cannot be sealed or expunged depending on what the conviction is for.
Conclusion
Regardless of what you are charged with, it is usually a good idea to at least call a criminal defense lawyer to understand what the ramifications of your charges are. As you can see, some are more serious than others and the need for an attorney varies depending on the charge. If you or a loved one are charged with a crime and need to consult with a criminal defense lawyer, call Brian C. Morrissey Attorney at Law LLC at 419-830-7441, by filling out a contact form, or by emailing brian@brianmorrisseylaw.com.