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Misdemeanor vs. Felonies in Ohio
What's the Difference and Why it Matters
Misdemeanor vs. Felony in Ohio: What’s the Difference and Why It Matters
If you've been charged with a crime in Toledo or anywhere in Ohio, one of the first questions you need answered is:
Is this a misdemeanor or a felony?
The difference between a misdemeanor and a felony in Ohio isn't just legal jargon—it can dramatically affect your jail time, fines, criminal record, and future opportunities. Knowing where your case falls on the spectrum is critical to making informed decisions and defending yourself effectively.
At Brian C. Morrissey, Attorney at Law, we help clients in Toledo, Lucas County, and surrounding areas in northwest Ohio understand their charges and fight back against the consequences.
What Is a Misdemeanor?
A misdemeanor is a less serious criminal offense than a felony, typically punishable by up to 180 days in jail, along with fines and other penalties. Misdemeanors are generally handled in municipal courts, such as Toledo Municipal Court, Sylvania Municipal Court, Perrysburg Municipal Court etc...
Common Misdemeanor Charges in Ohio Include:
· Disorderly conduct
· Driving under suspension (DUS)
· Petty theft (under $1,000)
· Public intoxication
· Simple assault (without serious injury)
· Drug possession (small amounts)
· Resisting arrest
Misdemeanors are divided into five categories in Ohio:
First-degree - 180 days max jail time - $1,000 max Fine
Second-degree - 90 days max jail time - $750 max Fine
Third-degree - 60 days max jail time - $500 max Fine
Fourth-degree - 30 days max jail time - $250 max Fine
Minor Misdemeanor - No jail time - $150 max Fine
Minor misdemeanors, such as most traffic tickets or other less serious charges, do not carry jail time, but can still result in fines and a criminal record.
What Is a Felony?
A felony is a more serious offense, punishable by more 1 year in prison and significantly higher fines. Felonies are handled in common pleas courts, such as Lucas County Court of Common Pleas, Wood County Court of Common Pleas etc...
Common Felony Charges Include:
· Felony drug possession or trafficking
· Aggravated assault
· Burglary
· Grand theft (over $1,000 or involving a firearm)
· Felony domestic violence (repeat offense)
· Sexual battery or rape
· Weapons violations
Felonies in Ohio are categorized into five degrees, plus unclassified felonies like murder:
First-degree (F1) up to 11 years and $20,000 fine
Second-degree (F2) up to 8 years and $15,000 fine
Third-degree (F3) up to 5 years and $10,000 fine
Fourth-degree (F4) up to 18 months and $5,000 fine
Fifth-degree (F5) up to 12 months and $2,500 fine
Felony convictions can also carry mandatory prison terms, sex offender registration, and lifetime consequences for employment, housing, voting rights, and more.
Why the Distinction Matters
Understanding whether you're facing a misdemeanor or a felony in Ohio affects everything about your case, including:
· Your legal strategy
· Bond and pretrial release
· Eligibility for diversion or probation
· Long-term consequences
· Possibility of sealing or expunging the record
· Risk of exposure at trial if found guilty
In some cases, felony charges can be reduced to misdemeanors through plea negotiations or by attacking the prosecution’s evidence. This is one of the many reasons to hire an experienced criminal defense attorney who knows how to work within the Toledo and Lucas County court systems.
What If I’m Not Sure What My Charge Is?
You’re not alone. Many people are confused by the initial paperwork they receive after arrest or citation. Your charging documents may use abbreviations like “M1,” “F4,” or “MM.” These refer to the degree of the offense. If you’re unsure what your charge means, call a lawyer immediately.
At Brian C. Morrissey, Attorney at Law, we offer consultations to review your charge, explain what it means, and discuss your options moving forward.
Can Misdemeanors and Felonies Be Expunged in Ohio?
Yes—but eligibility depends on:
· The type and number of convictions
· The time since completion of sentence
· Whether you've had prior offenses
· Whether your crime is on the “non-expungable” list (e.g., certain sex crimes, violent felonies)
Misdemeanors are generally easier to seal than felonies. However, many fifth-degree felonies can also be sealed after a waiting period. We help clients navigate the expungement process and clean up their criminal records whenever possible.
Why Choose Brian C. Morrissey for Criminal Defense in Toledo?
Whether you're facing a first-time misdemeanor or a serious felony, we bring a local, thorough, and personalized approach to every case. We understand the prosecutors, judges, and court procedures in Toledo and Lucas County—and we use that knowledge to help you:
· Understand your charges
· Explore all available defenses
· Negotiate reductions or dismissals
· Avoid jail or prison when possible
· Protect your future and your record
Get Help Today
If you’ve been charged with any misdemeanor or felony in Toledo, you need an experienced attorney on your side immediately. Don’t wait to take action—your defense starts now.
📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441
🌐 Visit www.brianmorrisseylaw.com
📧 Email: brian@brianmorrisseylaw.com
We represent clients throughout Toledo, Maumee, Oregon, Sylvania, and across northwest Ohio.