First time misdemeanor offenders don't always go to jail in Ohio.
Although a first time misdemeanor offender can face jail time, it's not automatic and whether or not you'll face jail time as a first time misdemeanor offender in Ohio will depend on the specific offense and the degree of the misdemeanor.
Ohio classifies misdemeanor charges into 5 degrees, with first degree misdemeanors being the most serious and minor misdemeanors being the least serious.
Misdemeanors stay on your record in Ohio for life or permanently unless you have the misdemeanor sealed or expunged through a formal court process.
It can take up to 1 year after the final discharge of the case to get the misdemeanor sealed or expunged and off your record in Ohio.
The misdemeanor charges in Ohio stay on your record and are a part of your permanent criminal history and are also accessible to the public and even potential employers.
The highest misdemeanor in Ohio is a first degree misdemeanor.
A first degree misdemeanor in Ohio carries a maximum penalty of 180 days in jail and a $1,000.00 fine.
A second degree misdemeanor in Ohio carries a maximum sentence of 90 days in jail and a $750.00 fine.
A third degree misdemeanor in Ohio carries a maximum sentence of 60 days in jail and a $500.00 fine.
A fourth degree misdemeanor in Ohio carries a maximum sentence of 30 days in jail and a $250.00 fine.
And a minor misdemeanor in Ohio has no jail time but can get you a fine of $150.00
The maximum sentence for a felony 5 in Ohio is 12 months in prison along with a possible fine of up to $2,500.00 and 5 years of community control which is similar to probation.
And depending on the circumstances of the case as well as the persons criminal history, other possible penalties for a 5th degree felony in Ohio are suspension of driver's license, loss of the right to possess a firearm and a criminal record that is permanent.
Ohio does have mandatory minimum sentences for certain serious offenses.
The serious offenses that Ohio law mandates minimum prison sentences for are violent crimes, some drug related charges and sex crimes.
Due to the mandatory minimum sentences for these crimes in Ohio, the judge must impose these minimum sentences and people must serve the entire minimum prison term before they are eligible for parole or early release.
Examples of crimes in Ohio that require mandatory prison terms include.
First or second degree felony drug trafficking.
Rape or attempted rape of a child under the age of 13.
Murder.
And aggravated murder.
In cases with a mandatory minimum prison sentence the person sentenced to prison must serve their entire minimum term in prison before they can become eligible for release early.
And while Ohio does have mandatory minimums for prison sentences on certain crimes, Ohio law also allows for Judicial release which is early release from prison under certain conditions and circumstances.