Misdemeanor v. Felony - What's the Difference

In Ohio, criminal offenses are classified as either misdemeanor or felony offenses (there's also unclassified misdemeanors and felonies but that is an entirely different discussion). Misdemeanor offenses are typically heard by the municipal or county court and may even be heard in a mayor’s court. Felony offenses are heard in a common pleas court. Some common misdemeanors are petty theft and OVI. Some common felonies are theft, forgery, aggravated drug possession, and drug trafficking.

Both misdemeanor and felony offenses are separated into degrees based on the severity of the offense with a minor misdemeanor being the least severe offense and a first degree felony being the most severe. In many instances a crime may be classified as either a felony or misdemeanor depending on the facts and circumstances of the alleged crime.

The potential maximum penalties for misdemeanors and felonies are:

Degree of Offense	Maximum Fine	Maximum Incarceration
Minor Misdemeanor (MM)	$150	None
Fourth Degree Misdemeanor (M4)	$250	30 days - local jail
Third Degree Misdemeanor (M3)	$500	60 days - local jail
Second Degree Misdemeanor (M2)	$750	90 days - local jail
First Degree Misdemeanor (M1)	$1,000	180 days - local jail
Fifth Degree Felony (F5)	$2,500	12 months - prison
Fourth Degree Felony (F4)	$5,000	18 months - prison
Third Degree Felony (F3)	$10,000	3 or 5 years - prison
Second Degree Felony (F2)	$15,000	8 years - prison
First Degree Felony (F1)	$20,000	11 years - prison

Some crimes, such as OVI, rape, and murder, have specified penalties outside the chart above. Other factors may also enhance the maximum penalties such as the use of a firearm, the age of the victim, or if the person is a repeat offender.

All criminal charges should be taken seriously. Even a minor misdemeanor can have an effect on your life. If you have been charged with a crime, or are a suspect in a criminal investigation, you should consult with an attorney.

The Nicodemus Law Office, LPA, regularly represents persons charged with all degrees of offenses, from minor misdemeanors to felonies. Call 740-422-9280 or complete this CONTACT FORM to schedule a consultation and protect your rights.