What Is a Third-Degree Felony in Ohio?

In Ohio, third-degree felonies refer to some of the less severe versions of felony crimes. Offenses under this category may lack the malicious intent to cause severe bodily injury or death. There is also no use of deadly weapons in a typical third-degree felony.

Section 2901.02 of the Ohio Revised Code classifies felony crimes into five degrees. First-degree felonies are the most serious, while fifth-degree felonies have the least severity. Likewise, first-degree felonies have the harshest penalties, as offenders may receive up to life imprisonment for crimes like murder and rape.

Common Offenses That Fall Under Third-Degree Felony Charges

In Ohio, types of crimes classified as third-degree felonies include:

• Aggravated vehicular homicide: Per Section 2903.06, aggravated vehicular homicide is a third-degree felony if the offender, while operating a vehicle, recklessly causes the death of another or the unlawful termination of another’s pregnancy. Vehicle, in this context, includes cars, snowmobiles, watercraft, and aircraft.
• Arson: Per Section 2909.03, it is arson in the third degree if a contractor, with an intention to defraud, intentionally sets fire or causes an explosion on another’s property.
• Burglary: Section 2911.12 defines third-degree burglary as one in which a person trespasses into an occupied structure with the intention to commit a crime.

Penalties and Sentencing for Third-Degree Felonies in Ohio

Persons convicted of third-degree felonies may face jail terms and pay fines. Ohio imposes definite prison terms; this means there are no minimum or maximum prison terms, as each sentence has a fixed length. So, a third-degree felony offender may receive definite prison terms of 9, 12, 18, 24, or 36 months.

Penalties for third-degree felonies may vary based on the crime severity and other circumstances. Case in point: violence- or sex-related crimes incur longer prison terms. For instance, aggravated assault attracts prison terms of 12, 18, 24, 30, 42, 48, 54, or 60 months.

In addition to prison sentences, offenders may be required to pay fines of up to $10,000. The fine amount might also differ based on the crime severity or the value of the affected property.

Third-degree felony offenders may qualify for probation, thereby avoiding a prison term. The maximum probation duration is five years for third-degree felonies.

Will You Go to Jail for a Third-Degree Felony in Ohio?

Yes, offenders are likely to receive jail time for third-degree felonies in Ohio. The state’s imposed sentences are definite and may vary based on the crime type, prior convictions, and severity.

There are instances when offenders may avoid a jail term. In such cases, the court imposes probation after considering various factors. First-time offenders and persons convicted of less-severe third-degree felonies are likely to receive probation or deferred adjudication.

How Long Does a Third-Degree Felony Stay on Your Record?

In Ohio, third-degree felonies remain on records indefinitely. In addition, they are publicly accessible and thus create negative implications for record subjects. Examples of such implications include:

• Difficult in getting employed in security-sensitive entities or industries: Employers conduct background tests and may screen out persons convicted of severe third-degree felonies, such as aggravated assault.
• Difficulty in renting or purchasing properties in specific neighborhoods: Landlords may refuse to rent out or sell properties to persons who might pose a security risk to other occupants or neighbors.
• Difficulty in getting visas to specific countries: Some countries may request police reports to determine if the traveller has a criminal conviction.

However, offenders may receive relief through record sealing or expungement. These legal procedures remove or erase all mention of your criminal past from public records.

Can a Third-Degree Felony Be Sealed or Expunged in Ohio?

Yes, third-degree felony offenders may seal or expunge records in Ohio. The state law allows the expungement of non-conviction records, such as dismissed arrest charges or acquitted court cases. However, there are specific requirements for expunging or sealing third-degree conviction records. Per Section 2953.32, offenders are eligible to seal or expunge conviction records if:

• The conviction is not for a sex- or violence-related crime.
• The conviction is not for an offense in which the victim was under 13 years old.
• The offender has more than one prior conviction for another felony.
• The offender has two prior convictions for a third-degree felony.
• It has been more than 13 years since they were convicted of a crime.

Note: Expungement is not the same as record sealing in Ohio. The former is the total erasure of a record, while sealed records are still accessible to specific parties.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Third-degree felonies are relatively less severe than first- and second-degree felonies. Unlike more severe crimes, third-degree felonies may lack the maliciousness needed to commit a crime. While third-degree felonies may lead to death or severe injuries, they are often a result of extreme recklessness. Examples of third-degree felonies include arson, burglary, and aggravated assault.

In contrast, first- and second-degree felonies are more serious since they often have a larger and more widespread impact on lives and properties. These crimes are also characterized by an intent to cause severe harm to another. For this reason, persons convicted of such crimes may receive up to the maximum life imprisonment. Examples of first- and second-degree felonies include:

How to Look Up Third-Degree Felony Records in Ohio

There are multiple options for finding third-degree felony records in Ohio. State- and local-level government entities may provide access to these records via online or offline resources.

To look up Ohio third-degree felonies, inquirers may use online repositories provided by the government entities. For example, the Ohio Supreme Court hosts a searchable database of appeal cases filed in the state. At the state level, the clerk of courts may offer both online and offline access to records. The Franklin County Clerk of Courts, for instance, hosts an online case search portal and also allows in-person inquiries for third-degree felony records.

Probation and Parole for Third-Degree Felony Offenders

In Ohio, third-degree felony offenders are generally eligible for parole after serving the minimum term of their sentence. The state’s Parole Board may grant parole after considering factors like good conduct and the impact of the parole on society. Trial courts in Ohio may grant probation as an alternative to prison sentences. Probationers are required to complete the court’s recommended programs or conditions.