Felonies are considered the most serious of all crimes. Examples of felony offenses include murder, rape, kidnapping, and robbery. A felony is punishable by incarceration of more than six months in prison. All felony arrests in Ohio are subject to a Grand Jury hearing to determine if probable cause exists to move forward in the criminal justice process. Grand Jury proceedings are secret in nature and involve testimony from victims, witnesses, and Police Officers regarding the facts and circumstances behind the offense.
Long term or collateral consequences are associated with a felony conviction. Felons may be prohibited from serving on a jury and lose the right to vote while incarcerated. A conviction for a violent felony offense or drug offense results in a loss of the ability to own or carry a firearm. A felony conviction can lead to the loss of certain professional degrees and licenses, affecting current and future employment. Felons are not allowed to hold a public office. Registration requirements are imposed for convictions involving specific sex crimes.
The most serious of all felonies are eligible for the death penalty in Ohio. The Ohio Revised Code lists certain elements or requirements in order to be considered for the death penalty:
- The offense was the assassination of the president of the United States or a person in line of succession to the presidency, the governor or lieutenant governor of this state, the president-elect or vice president-elect of the United States, the governor-elect or lieutenant governor-elect of this state, or a candidate for any of the offices described in this division. For purposes of this division, a person is a candidate if the person has been nominated for election according to law, if the person has filed a petition or petitions according to law to have the person’s name placed on the ballot in a primary or general election, or if the person campaigns as a write-in candidate in a primary or general election.
- The offense was committed for hire.
- The offense was committed for the purpose of escaping detection, apprehension, trial, or punishment for another offense committed by the offender.
- The offense was committed while the offender was under detention or while the offender was at large after having broken detention. As used in division (A)(4) of this section, “detention” has the same meaning as in section 2921.01 of the Revised Code, except that detention does not include hospitalization, institutionalization, or confinement in a mental health facility or mental retardation and developmentally disabled facility unless at the time of the commission of the offense either of the following circumstances apply:
- The offender was in the facility as a result of being charged with a violation of a section of the Revised Code.
- The offender was under detention as a result of being convicted of or pleading guilty to a violation of a section of the Revised Code.
- Prior to the offense at bar, the offender was convicted of an offense an essential element of which was the purposeful killing of or attempt to kill another, or the offense at bar was part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the offender.
- The victim of the offense was a law enforcement officer, as defined in section 2911.01 of the Revised Code, whom the offender had reasonable cause to know or knew to be a law enforcement officer as so defined, and either the victim, at the time of the commission of the offense, was engaged in the victim’s duties, or it was the offender’s specific purpose to kill a law enforcement officer as so defined.
- The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, rape, aggravated arson, aggravated robbery, or aggravated burglary, and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design.
- The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim’s testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted commission, or flight immediately after the commission or attempted commission of the offense to which the victim was a witness, or the victim of the aggravated murder was a witness to an offense and was purposely killed in retaliation for the victim’s testimony in any criminal proceeding.
- The offender, in the commission of the offense, purposefully caused the death of another who was under thirteen years of age at the time of the commission of the offense, and either the offender was the principal offender in the commission of the offense or, if not the principal offender, committed the offense with prior calculation and design.
- The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit terrorism.
Felony offenses are further broken down by degree within the category. A felony of the first degree is the most serious of all felonies, whereas a felony of the fifth degree is a step above a misdemeanor offense. The length of incarceration and maximum fine varies within each degree. There may be additional penalties associated with firearm violations and repeat offenses.
Aggravated Murder is punishable by life without the possibility of parole, life with parole after 20, 25, or 30 years, or even the death penalty. Murder is punishable by life with the possibility of parole after 15 years and a $15,000 maximum fine.
