What is a Second Degree Felony in Ohio?

A felony, as defined under the Ohio Revised Code (ORC) Section 2901.02(D), is any offense specifically classified as a felony regardless of the penalty that may be imposed. Felonies are categorized into five degrees: first, second, third, fourth, and fifth, with penalties (ORC Section 2929.14). A second-degree felony is a serious offense, less severe than a first-degree felony but more serious than a misdemeanor.

In Ohio, a second-degree felony (F2) carries potential penalties that include imprisonment for more than one year, specifically, an indefinite prison term with a minimum of 2 to 8 years and a maximum of up to 50% longer than the minimum, plus fines up to $15,000. The Ohio Criminal Code includes specific statutes that outline and designate which types of crimes are categorized as Level 2 felonies within the state's legal framework.

Which Crimes Are Considered Second Degree Felonies in Ohio?

Below is a list of common crimes classified as second-degree felonies in Ohio under the Ohio Criminal Code.

• Aggravated Assault (ORC 2903.12): Causing serious physical harm to another person under provocation or in a sudden fit of rage.
• Felonious Assault (ORC 2903.11): Knowingly causing or attempting to cause serious physical harm to another, or causing harm with a deadly weapon.
• Burglary (ORC 2911.12): Trespassing in an occupied structure with intent to commit a crime, often when someone is present or likely to be present.
• Robbery (ORC 2911.02): Using or threatening force while committing or attempting to commit theft.
• Abduction (ORC 2905.02): Knowingly restraining another person's liberty or removing them by force or threat.
• Theft (ORC 2913.02): Stealing property valued between $150,000 and $750,000, or stealing certain items like firearms or anhydrous ammonia.
• Aggravated Trafficking in Drugs (ORC 2925.03): Selling or offering to sell certain controlled substances (Schedule I or II drugs) in specific quantities.
• Aggravated Possession of Drugs (ORC 2925.11): Possessing Schedule I or II drugs (methamphetamine, cocaine) in amounts exceeding the bulk amount but less than five times that amount.
• Endangering Children (ORC 2919.22): Serious cases, such as causing substantial risk of harm to a child or chronic neglect resulting in serious harm.
• Carrying Concealed Weapons (ORC 2923.12): Carrying a concealed handgun without a license or in violation of restrictions, especially if loaded or accessible.
• Escape (ORC 2921.34): Breaking detention or fleeing from custody, particularly if the underlying offense is a felony.
• Vandalism (ORC 2909.05): Causing serious damage to government property or property valued at $7,500 or more.
• Tampering with Evidence (ORC 2921.12): Destroying, concealing, or altering evidence with intent to impair an investigation.

What is Second Degree Murder and How is it Classified in Ohio?

In Ohio, murders are not classified explicitly under degrees such as first-degree or second-degree murder as in some other states. Instead, Ohio categorizes murder and related homicide offenses based on specific statutory definitions and circumstances under the Ohio Revised Code (ORC) Chapter 2903. Second-degree murder in Ohio falls under the "felony murder" statute ORC § 2903.02(B).

It occurs when a person causes the death of another as a proximate result of committing or attempting to commit a violent felony. Unlike first-degree murder, which requires purposeful intent to kill, felony murder is purposely causing death without premeditation, or causing death as a proximate result of committing/attempting a 1st- or 2nd-degree felony of violence.

Under the Ohio Revised Code, the crime of felony murder has the following characteristics:

• The death must be a direct result of the defendant committing or attempting a violent felony.
• The felony must be one that inherently carries a substantial risk of harm such as robbery, arson, kidnapping, or certain assaults.
• The defendant does not need to have intended to cause the death, but the death must be a foreseeable consequence of the felonious act.

Ohio Second Degree Felonies Penalties and Punishments

Second-degree felonies (F2) in Ohio are serious offenses that carry significant penalties. Prison time includes 2 to 8 years in prison, fines up to $15,000, and potential probation or community control for up to 5 years. Aggravating factors like firearms, prior offenses, or harm to victims can increase penalties, while first-time offenders or minimal harm may lead to probation.

Common F2 offenses include felonious assault, aggravated burglary, drug trafficking, and gross sexual imposition, with penalties varying based on the crime’s specifics and offender history. Individuals are advised to consult an attorney for case-specific advice, as judicial discretion and statutory nuances can significantly affect outcomes.

Are Second Degree Felony Records Public in Ohio?

Yes. Second-degree felony records are generally considered public records under the Ohio Public Records Act Ohio Revised Code § 149.43. Certain information in criminal records, including that for second-degree felonies, may be sealed or deemed confidential to protect sensitive data, ensure public safety, or comply with legal mandates. Exemptions, mainly arising from Ohio Rev. Code § 149.43(A)(1), specify non-public record categories, plus specific laws for criminal proceedings.

Some key exemptions relevant to felony records include:

• Ongoing criminal investigations and prosecutions
• Sealed or expunged records
• Juvenile records
• Victim addresses and personal information
• Trial preparation and attorney-client records
• Medical/ psychological records.

How to Access Second Degree Felony Court Records in Ohio

Second-degree felonies in Ohio are handled exclusively by the state's Courts of Common Pleas, which operate at the county level. However, while these records are public, access may vary by county, and full documents might require in-person requests. Always verify the county where the case was filed, as felonies are prosecuted locally. Interested persons have the following options for accessing a second-degree felony court record in Ohio:

• Online Search: Most counties offer free public online searches for case dockets. Full records may require a login or fees. One may also visit the county Clerk of Courts website. Furthermore, interested persons may search the Supreme Court of Ohio's Online Docket for appellate cases or high-level summaries. Search parameters include search by case number, party name, or date
• Local Courthouse: To access a record, visit the county Court of Common Pleas Clerk of Courts office during business hours or send a written request to the Clerk of Courts. Requesters may be required to provide contact info and specific case details. Requesters may use public terminals or ask staff to search.
• Ohio Bureau of Criminal Investigation (BCI): The BCI maintains Ohio’s criminal history database. Background checks may require fingerprints for accuracy, though limited name-based checks exist for certain purposes. To request a background check, provide the complete name, current address, and other identifying characteristics of the individual whose records are sought. Locate a WebCheck provider for fingerprinting. Provide the required valid ID, fingerprint card, and a $22 fee to the BCI.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Charges of felonies are not automatically final. Through legal processes, negotiations, or court rulings, these charges can be dismissed entirely or reduced to lesser offenses, such as a misdemeanor or lower-degree felony. Outcomes depend on factors like evidence strength, criminal history, and the prosecutor's discretion.

Prosecutors may agree to dismiss or reduce felony charges in exchange for a guilty plea to a reduced charge through plea deals. This is the most frequent route, as it resolves cases efficiently and lessens the judiciary caseload. Furthermore, charges can be dismissed if the evidence is weak, the statute of limitations has expired, or there were violations like illegal search/seizure. A defense attorney can file motions to suppress evidence or dismiss on these grounds. Alternatively, offenders with non-violent charges may be offered diversion by the prosecutors. When the conditions, such as counseling and community service, are complete, it may lead to a dismissal of the case. However, second-degree felonies are often ineligible if violent or involve drug/sex offenses.

Consulting a lawyer is critical to obtaining a reduction or dismissal of second-degree felony charges in Ohio. While not legally required, an experienced criminal defense attorney significantly increases the chances of a favorable outcome due to the complexity of the legal system.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Ohio?

Criminal records can be sealed or expunged under the Ohio Revised Code (R.C.) Chapter 2953, Sealing hides the record from public view while keeping it accessible to certain entities like law enforcement; expungement involves permanently destroying or deleting the record so it is irretrievable, as if it never existed.

Second-degree felonies (F2s), such as certain drug trafficking, aggravated assault, or burglary offenses, are ineligible for both sealing and expungement. This prohibition stems from ORC 2953.32(A)(1)(f), which explicitly excludes all first- and second-degree felonies as "ineligible offenses". No exceptions apply, regardless of time passed, rehabilitation, or non-violent nature.

How Long Do Second-Degree Felony Records Stay Public in Ohio?

Second-degree felony convictions in Ohio generally remain on an individual’s criminal record permanently. Under Ohio’s criminal law, the expungement process may allow for the removal or sealing of a felony charge from an individual’s record, provided that the person satisfies certain eligibility requirements established by state statutes. However, the law explicitly excludes all first- and second-degree felonies from expungement.