Understanding First-Degree Misdemeanors in Ohio

Crimes in Ohio are grouped into felonies and misdemeanors. Felonies are the most severe categories, encompassing grave offenses such as aggravated murder, rape, and kidnapping. Misdemeanors, on the other hand, are crimes that are less severe than felonies and are classified into first, second, third, and fourth degrees, as well as minor and unclassified misdemeanors (ORC § 2901.02).

First-degree misdemeanors are the most serious class within this category and carry the most severe penalties, including higher fines and longer jail terms. They often involve mandatory penalties that lower degrees may not have. Also, under certain aggravating circumstances, first-degree misdemeanors may be enhanced to felony charges.

Examples of First-Degree Misdemeanors in Ohio

Some common examples of misdemeanors of the first degree in Ohio are simple assault, first offense OVI (known as DUI or DWI in many states), petty theft, and menacing. Many other offenses are classified as misdemeanors of the first degree in Ohio, and their proceedings may be reviewed via the Ohio Criminal Court Records. Generally, any offense considered very serious in the sight of the law but not severe enough to warrant felony penalties is classified as a first-degree misdemeanor.

The table below highlights some of these offenses and their possible penalties under Ohio law.

Penalties for a First-Degree Misdemeanor in Ohio

Under Ohio law (ORC § 2929.24, ORC § 2929.28), first-degree misdemeanors are penalized with a maximum jail term of 180 days and a fine of up to $1,000. The presiding judge also has the discretion to:

• Allow the sentence to be served through intermittent confinement.
• Order the offender to pay the costs of their confinement pursuant to ORC § 2929.37
• Modify the jail term after sentencing (excluding mandatory minimums)
• Replace remaining jail time with community control
• Add extra jail time or electronic monitoring for certain sex-related misdemeanors
• Order participation in a county jail industry program if sentenced to a jail that establishes one pursuant to ORC § 5147.30

According to ORC § 2929.21, the primary purposes of misdemeanor sentencing are to protect the community from future crimes and to punish the offender. To achieve these goals, courts consider several factors before imposing a sentence, including:

• The impact of the crime on the victim
• The need to change the offender's behavior
• The possibility of rehabilitation and restitution

Probation and Alternative Sentencing Options in Ohio

Ohio law provides judges with several alternatives to a jail term when sentencing an individual convicted of a first-degree misdemeanor. These alternatives are primarily outlined in ORC §§ 2929.25 (community control sanctions), 2929.26 (community residential sanctions), and 2929.27 (nonresidential sanctions). These laws provide the court with the flexibility to tailor penalties based on the nature of the offense and the offender's circumstances.

Can a First-Degree Misdemeanor Be Expunged or Sealed in Ohio?

Yes. In Ohio, a conviction for a first-degree misdemeanor is typically eligible for expungement and sealing, provided the necessary conditions are met. Expungement refers to the permanent erasing and destroying of a record, so that it is irretrievable (ORC § 2953.31). In contrast, sealing restricts public access to the conviction record but does not irretrievably destroy it. A sealed record may only be retrieved by the subject of the record and the following persons while performing their duties.

• Criminal justice personnel and agencies
• Judicial officials
• Boards of education (if the case is related to permanent school exclusion)
• Auditor of State

ORC § 2953.32 sets out which convictions are eligible or ineligible for record sealing and expungement. Most first-degree misdemeanors qualify for sealing or expungement, except the following:

• Traffic-related offenses
• Sexually oriented offenses requiring registration
• Offenses where the victim was below 13 years of age
• Domestic violence
• Theft in office
• Violating a protection order (can be sealed but not expunged)

Eligible individuals may generally petition the court to seal or expunge their record a year after their final discharge. The table below summarizes the eligibility requirements for first-degree misdemeanors in Ohio.

Long-Term Consequences of a First-Degree Misdemeanor Conviction

An individual convicted of a first-degree misdemeanor in Ohio, beyond the initial punishments imposed by the court under the law, is typically subject to "collateral sanctions" in the long run. A collateral sanction is a disability or disadvantage that a person convicted of a crime in the state faces in terms of employment or professional licensing.

However, ORC § 2953.25 allows individuals convicted of a misdemeanor to apply to the court or the Department of Rehabilitation and Correction (DRC) for a Certificate of Qualification for Employment (CQE) six months after completing their sentence. The six-month period might be earlier if specific criteria set by the DRC are met. The court may grant the request if:

• The certificate typically significantly assists the individual in obtaining employment or a license.
• The person has a substantial need for this relief to live a law-abiding life.
• Granting the certificate would not create an unreasonable risk to public safety.

If a CQE is granted, it typically lifts or significantly mitigates these collateral sanctions, allowing employers or licensing boards to employ or issue licenses to persons previously barred. However, a CQE cannot relieve certain mandatory disabilities, such as:

• Sex offender registration
• Driver’s license suspensions and revocations
• Law-enforcement job restrictions
• Mandatory health-care licensing bans
• Pain-clinic employment restrictions
• Child-support-related license suspensions
• Mandatory public office disqualifications

A CQE may also be revoked if an individual commits a felony offense after issuance.

Under ORC § 2923.125, some first-degree misdemeanor convictions, particularly violence-related convictions, disqualify an individual from owning firearms in the state. Other first-degree misdemeanors may affect eligibility, and also depend on whether the conviction has been sealed or expunged.

What to Do if You’re Charged with a First-Degree Misdemeanor in Ohio

A criminal process is usually initiated when law enforcement files a complaint in court about the conduct of an individual. The court reviews the complaint and may authorize the arrest of the individual via a warrant or issue a summons containing the details of the charge.

Once notified of the charges, it means the case has entered the Ohio criminal court system, and the individual is now subject to several court processes. The first step after receiving a charge is to carefully review the served papers to understand the offense for which they are accused. During this period, individuals should begin gathering any documents or evidence related to the incident. The individual should also consider consulting with an attorney, who can explain the potential penalties of the specific first-degree misdemeanor and provide legal counsel.

Defendants should also ensure they attend all court hearings, as missing a hearing may itself result in a first-degree misdemeanor charge (ORC § 2937.99). Adhering to the advice of legal counsel and complying with all court procedures and orders is vital for navigating the process efficiently and ensuring a fair outcome.

Statute of Limitations for First-Degree Misdemeanors in Ohio

The statute of limitations for crimes in Ohio is established under ORC § 2901.13. Under the law, the government generally has 2 years from the date the offense is committed to initiate an action for all misdemeanors (excluding minor misdemeanors, which have a 6-month limitation).

However, the limitation period is nuanced for some offenses, as shown in the table below: