Portage County Felony Defense Attorney

Portage County Felony Crimes

Ohio criminal charges are divided into misdemeanors and felonies. Misdemeanors are less severe, with a maximum jail sentence of 180 days. Felonies refer to serious criminal offenses and can result in penalties ranging from more than one year to life without parole.

Ohio Felonies by Category

The severity of the criminal conduct and the facts involved primarily classifies felonies in Ohio. For example, if you are charged with a first degree for a violent crime, you would be subject to a harsher, more severe penalty if convicted than a felony of the fifth degree, which is the lowest felony classification.

Felony Classifications in Portage County, Ohio:

• Felony of the first degree: rape, manslaughter, and kidnapping
• Felony of the second degree: prostitution after diagnosis of HIV and criminal abduction
• Felony of the third degree: trespassing on a property with intent to commit another crime
• Felony of the fourth degree: sexual contact involving a minor and grand theft of a vehicle
• Felony of the fifth degree: theft of a credit card and theft of a motor vehicle’s license plate

There are also unclassified felonies, like Aggravated murder and murder, where the statute rather than its classification dictates penalties.

Portage County Felony Crimes

While it can be intimidating to go up against the government in a felony case, it’s important to remember that proving guilt beyond a reasonable doubt is a rigid legal standard to meet. There are likely weaknesses in the evidence, facts the prosecutor is not considering, and other ways to improve your situation. This can lead to a complete dismissal of the charge, a reduction to a more manageable offense, or taking your case to trial

So regardless of how you came to be charged or accused of a felony, you should take the matter seriously and consult an experienced felony defense attorney.

Examples of felonies in Ohio, along with the statutes and potential penalties:

• Aggravated Murder – Ohio Revised Code Section 2903.01: Aggravated murder is the intentional killing of another person with prior calculation and design or while committing or attempting to commit certain felonies, including rape, robbery, or kidnapping. Aggravated murder is punishable by death or life imprisonment.
• Murder – Ohio Revised Code Section 2903.02: Murder is the intentional killing of another without prior calculation and design. Murder is punishable by life imprisonment with the possibility of parole after a minimum of 15 years.
• Manslaughter – Ohio Revised Code Section 2903.04: Manslaughter is killing another person because of provocation, sudden passion, or in the heat of the moment. Manslaughter is punishable by up to 11 years in prison.
• Felonious Assault – Ohio Revised Code Section 2903.11: Felonious assault is causing severe physical harm to another person or using a deadly weapon or a dangerous ordinance. Felonious assault is punishable by up to 8 years in prison.
• Robbery – Ohio Revised Code Section 2911.02: Robbery is taking property from another person by force, threat, or intimidation. Robbery is punishable by up to 11 years in prison.
• Aggravated Robbery – Ohio Revised Code Section 2911.01: Aggravated robbery is robbery with a deadly weapon, serious physical harm, or the victim is a person with a disability. Aggravated robbery is punishable by up to 11 years in prison.
• Kidnapping – Ohio Revised Code Section 2905.01: Kidnapping is the unlawful confinement or removal of another person by force, threat, or deception. Kidnapping is punishable by up to 11 years in prison.
• Rape – Ohio Revised Code Section 2907.02: Rape is non-consensual sexual conduct with another person. Rape is punishable by life imprisonment.
• Aggravated Burglary – Ohio Revised Code Section 2911.11: Aggravated burglary is the unlawful entry into a habitation with the intent to commit a felony or while armed or assaulting someone. Aggravated burglary is punishable by up to 11 years in prison.
• Felony Theft – Ohio Revised Code Section 2913.02: Felony theft is the theft of property valued at $1,000 or more. Felony theft is punishable by up to 18 months in prison.
• Felony Drug Crimes– Ohio Revised Code Section 2925 covers felony drug charges and penalties if convicted. While many Ohio drug crimes are misdemeanors, felony drug charges are reserved for cases involving significant amounts, particularly dangerous drugs, and other factors. Examples are drug trafficking, illegal drug manufacture, aggravated drug possession, and permitting drug abuse.
• Felony OVI – Under Ohio Revised Code Section 4511.19, some circumstances would make a DUI a felony. For instance, if you were previously convicted of three or more OVIs in the past years, if the OVI caused someone serious bodily harm or death, or if you had a prior felony OVI conviction in the past 20 years. The penalties for a felony OVI can include prison time, thousands in fines, and permanent license suspension.

These are just a few examples of felonies in Ohio, and penalties can vary depending on the circumstances, your criminal history, and other factors. A qualified defense attorney with a background in felony cases can help you understand your rights and specific options.

Felony Penalties & Consequences

Ohio has a range of penalties for felonies, with the specific punishments depending on its felony classification, the severity of the crime, and the offender’s criminal history.

• Felony of the first degree: Imprisonment for a minimum of three years and a maximum of 11 years and a fine up to $20,000
• Felony of the second degree: Imprisonment for a minimum of two years and a maximum of eight years and a fine up to $15,000
• Felony of the third degree: Incarceration for a minimum of nine months, a maximum of five years, and a fine up to $10,000 – depending on the charge.
• Felony of the fourth degree: Incarceration for a minimum of six months and a maximum of 18 months and a fine up to $5,000
• Felony of the fifth degree: Incarceration for a minimum of six months and a maximum of 12 months and a fine up to $2,500

Felony Alternative Penalties

While Ohio law outlines the potential felony sentencing guidelines if convicted, judges have discretion in how a felony offender is punished. For instance, Ohio sentencing reforms now favor probation and other alternatives to incarceration in less severe cases and for those with previous clear criminal records.

Work with a felony defense attorney who understands the various sentencing options and pursue the best possible outcome. This may include:

• Probation may be granted in place of, or in addition to, imprisonment. The terms of probation typically require the offender to report to a probation officer regularly, stay employed or seek employment, and avoid any additional criminal activity.
• Community Control is like probation but involves more intensive supervision, such as regular check-ins with a probation officer, mandatory drug testing, and attendance at counseling or treatment programs.

Life-Long Impact of a Felony Conviction

Aside from possible lengthy prison sentences, thousands of dollars in fines, and a permanent criminal record, living with a felony has various collateral consequences that can make life very difficult long after you served your sentence, which include

• A felony conviction can make it hard/if not impossible, to find a good-paying job.
• Convicted felons are prohibited from carrying or possessing a firearm.
• Convicted felons are prohibited from holding public office.
• Felons cannot serve on state or federal juries
• Felons lose their right to hold licenses to work as pawnbrokers or other occupations when the crime committed involves theft
• Felons who are nonresident aliens are subject to deportation upon completion of their sentence.
• Some countries, such as Jamaica or Canada, restrict felons from entering.

Possible Felony Defenses

There is a lot a qualified felony defense attorney can do to help if you’re facing felony charges in Portage County, Ohio. Depending on the facts and circumstances, several potential defense strategies can be raised in a felony case.

A successful felony defense could mean reducing a felony assault charge to a misdemeanor, dismissing a felony drug case for lack of evidence, or mitigating the harm to your life by securing probation instead of prison.

Common Felony Defenses

• Self-defense: If you acted in self-defense, you might be able to argue that your actions were justified. For example, you could claim self-defense if you were attacked and used reasonable force to defend yourself.
• Lack of Intent: Many felony offenses require that you act with a specific intent, such as the intent to commit a crime. If the prosecution cannot prove that you had the intent necessary, you may be able to raise a defense of lack of intent.
• Duress or coercion: If you were forced to commit a crime under duress or coercion, your lawyer might be able to raise this as a defense. For example, if you were threatened with harm if you did not carry a large amount of drugs, you could claim that you were acting under duress.
• Insanity or mental incapacity: If you or a loved one was suffering from a mental illness or incapacity at the time of the crime, they might be able to raise a defense of insanity or mental incapacity.
• Police misconduct: If the police engaged in misconduct, such as coercing a confession or planting evidence, you may be able to get the evidence in question suppressed, or the charges should be dismissed.
• Constitutional violations: If your constitutional rights were violated during the investigation or prosecution, such as the right to a fair trial or remain silent, you could raise this as a defense.
• Insufficient Evidence / Elements: Felony cases require they you meet certain elements. If insufficient evidence supports those elements, it can be used to argue for a reduced charge or dismissal. For example, if you are charged with felonious assault but there’s no evidence of serious physical harm or that a weapon was used, misdemeanor assault may be more appropriate.

Portage County Felony FAQs

To help you better understand felonies in Ohio, the penalties, and what to expect if you’re arrested, we have answered some of the frequently asked questions surrounding felony charges in Portage County, Ohio. If you have additional questions, contact our Ravenna felony crime defense lawyers.

How are Felonies Different from Misdemeanors?

Felonies are more severe than misdemeanors and carry harsher penalties. Misdemeanors are typically punishable by up to one year in jail, while felonies can result in longer prison sentences.

Can a Felony be Expunged?

Ohio law allows for certain felony convictions to be sealed or expunged under certain circumstances, such as completing a diversion program or after a specific timeframe passes after the conviction. However, some felony convictions cannot be expunged, such as those for violent offenses or certain sex crimes.

Can a person with an Ohio felony vote or own a firearm?

In Ohio, people with felony convictions lose their voting rights while incarcerated but may be able to have their voting rights restored after completing their sentence. Ohio law also prohibits convicted felons from owning firearms, but some felons may be eligible to have their firearm rights restored after a certain period.

What Should I Do if I’m Facing Felony Charges?

If you are facing Ohio felony charges, it’s essential to seek the advice of an experienced criminal defense attorney as soon as possible. Your attorney can advise you on the potential penalties you may be facing, your options for defense, and the best strategy for your case. 

What’s the Cost of a Defense Attorney for a Felony?

The cost of hiring a felony defense lawyer can vary depending on factors such as the case’s complexity, experience, and geographical location. Some felony defense lawyers charge a flat fee for their services, while others may charge an hourly rate.

It’s important to remember that the cost of a felony defense lawyer should not be the only factor in your decision to hire a lawyer. The stakes in felony cases are high, and your case’s outcome can significantly impact your future. Hiring a skilled lawyer who can provide you with the best possible defense and help protect your interests is crucial.

Erb Legal offers criminal representation in Portage County at reasonable rates. We know how intimidating attorney’s fees are, so we work to keep our client’s costs down. We’ll explain our rates and billing processes for felony cases during your consultation.

Charged with a Felony in Ravenna? Call Erb Legal

Whether you’ve been accused of felony theft in Aurora, aggravated assault in Ravenna, or any felony in Portage County, Ohio, it is essential to take it seriously. A felony conviction is not something you want on your record. With effective legal representation from Erb Legal, you can prepare a compelling defense and work towards a result that lets you put theft charges behind you.