Misdemeanor Penalties in Ohio

Facing a misdemeanor in Ohio? Learn about the five levels of misdemeanor charges, potential penalties, and when to hire a Toledo criminal defense attorney.

Misdemeanor Charges in Ohio: An Overview

Misdemeanor charges in Ohio range from minor infractions to serious offenses that can carry up to six months in jail. Even if the charge seems minor, consulting with an experienced criminal defense lawyer is always a good idea. Understanding what level of offense you’re facing is the first step in protecting your rights.

Minor Misdemeanors in Ohio

Penalty: Up to $150 fine and no jail time

Minor misdemeanors are the least serious type of offense in Ohio. Because they carry no possibility of jail time, they also do not allow for probation or community control.

The most common example is a traffic ticket — such as standard speeding violations. Since there’s no risk of jail, most courts allow defendants to simply pay the fine rather than appear in person.

Other examples include:

• Disorderly conduct (minor section)
• Reckless operation of a motor vehicle

Because jail is not a potential penalty, you do not have the right to a court-appointed attorney or a jury trial for minor misdemeanors.

Fourth-Degree Misdemeanors

Penalty: Up to 30 days in jail and $250 fine

A fourth-degree misdemeanor (M4) is one step above a minor misdemeanor. Common M4 offenses include:

• Disorderly conduct (enhanced version)
• Criminal trespass
• Menacing or domestic violence threats
• Receiving stolen property
• Possession of drug paraphernalia

Since jail is possible, defendants have the right to appointed counsel if they cannot afford an attorney, as well as the right to a jury trial. Probation is also available as an alternative to jail.

Third-Degree Misdemeanors

Penalty: Up to 60 days in jail and $500 fine

Common examples of M3 misdemeanors include:

• Negligent assault
• Sexual imposition
• Criminal mischief

While jail time is possible, it is not mandatory. Courts may impose probation depending on the facts of the case. Defendants are entitled to legal representation — either privately retained or appointed by the court.

Second-Degree Misdemeanors

Penalty: Up to 90 days in jail and $750 fine

Second-degree misdemeanors (M2) represent more serious conduct, including:

• Resisting arrest
• Criminal damaging
• Obstructing official business

Like other misdemeanor levels involving potential jail time, individuals charged with an M2 have the right to appointed counsel and a jury trial. Judges may still grant probation instead of jail time in appropriate cases.

First-Degree Misdemeanors

Penalty: Up to 180 days in jail and $1,000 fine

First-degree misdemeanors (M1) are the most serious misdemeanor offenses in Ohio and include crimes such as:

• Domestic violence
• Assault
• Aggravated menacing
• Theft

These offenses often carry long-term consequences beyond fines and jail time — including loss of firearm rights, immigration issues, and permanent marks on your criminal record. Some violent misdemeanor convictions cannot be sealed or expunged, depending on the charge.

Why You Should Always Consult a Criminal Defense Attorney

Even if a charge seems minor, it can still have lasting effects on your record, employment, and reputation. Misdemeanors can escalate if handled improperly or if a defendant unknowingly waives important rights.

An experienced Toledo criminal defense lawyer can:

• Explain your rights and options,
• Evaluate potential defenses,
• Negotiate with prosecutors, and
• Work to minimize or avoid penalties altogether.

Contact a Toledo Criminal Defense Attorney Today

If you or a loved one has been charged with a misdemeanor offense in Toledo or Northwest Ohio, don’t face it alone.

Call Brian C. Morrissey, Attorney at Law LLC at 419-830-7441, fill out a contact form, or email brian@brianmorrisseylaw.com to schedule a free consultation.

Even a “minor” charge deserves serious attention — and a strong defense.