Are you facing serious felony charges or under investigation? Don’t face the legal system alone! If you’ve been accused of a felony or suspect you may be soon, contact the experienced felony defense attorneys at The Law Offices of Steven R. Adams. Our dedicated team will fight for your rights, working toward case dismissals, acquittals, or other favorable outcomes. An arrest does not mean a conviction. Regardless of the severity of the charges, our skilled attorneys will craft a strong defense tailored to Ohio's legal system, ensuring you have the best possible representation.
Felony Defense Lawyer in Cincinnati, OH
Cincinnati Felony Attorneys
What Is Considered a Felony Offense in Ohio?
In Ohio, a felony is a serious criminal offense that is punishable by imprisonment for more than six months, heavy fines, and other penalties. Felonies are classified into five degrees, ranging from the most severe (1st degree) to the least severe (5th degree), with 1st-degree felonies carrying the harshest punishments.
Common examples of felony offenses in Ohio include:
1. 1st-Degree Felonies
- Aggravated murder
- Rape
- Kidnapping
- Aggravated robbery
- Arson
Penalties for a 1st-degree felony may include 3 to 11 years in prison, fines up to $20,000, and other consequences.
2. 2nd-Degree Felonies
- Felonious assault
- Aggravated burglary
- Certain drug trafficking offenses
- Voluntary manslaughter
Penalties include 2 to 8 years in prison and fines up to $15,000.
3. 3rd-Degree Felonies
- Robbery
- Certain drug possession offenses
- Vehicular homicide
- Perjury
These offenses can result in 9 months to 5 years in prison and fines up to $10,000.
4. 4th-Degree Felonies
- Grand theft of a motor vehicle
- Forgery
- Unlawful sexual conduct with a minor (if the offender is less than 10 years older)
- Certain firearm violations
Penalties include 6 to 18 months in prison and fines up to $5,000.
5. 5th-Degree Felonies
- Theft (over a certain value)
- Receiving stolen property
- Drug possession (certain amounts)
- Breaking and entering
Convictions for a 5th-degree felony can result in 6 to 12 months in prison and fines up to $2,500.
In addition to the five degrees of felonies, capital offenses such as aggravated murder may carry the death penalty or life imprisonment.
Felony convictions can also result in long-term consequences like loss of voting rights, inability to own firearms, and difficulty finding employment or housing.
Please contact our Cincinnati office at (513) 929-9333 for a FREE, personalized review of your case.
Our Felony Defense Attorneys Represents Clients Across Southern Ohio
Our team of highly experienced and knowledgeable felony defense lawyers at The Law Offices of Steven R. Adams, LLC is proud to offer highly experienced representation to our clients. We are proud to serve clients in the following areas:
Felony vs. Misdemeanor: What's the Difference Under Ohio Law?
In Ohio, crimes are categorized into two main types: felonies and misdemeanors. The key difference between them is the severity of the offense and the potential penalties. Here’s a breakdown of how felonies and misdemeanors differ under Ohio law:
1. Definition and Severity
Felonies: These are considered the most serious offenses, often involving significant harm to people, property, or society. Examples include murder, rape, drug trafficking, and aggravated assault. Felonies are punishable by more than six months in prison, with sentences potentially lasting years or even life. In extreme cases, a felony can result in the death penalty.
Misdemeanors: These are less serious offenses that usually involve minor harm or less severe legal violations. Examples include petty theft, disorderly conduct, or driving under the influence (DUI). Misdemeanors are generally punishable by fines, probation, or jail time of less than six months.
2. Degrees of Offenses
Ohio law classifies both felonies and misdemeanors into degrees, reflecting the seriousness of the crime:
Felony Degrees: Felonies are classified into five degrees, with 1st-degree felonies being the most serious and 5th-degree felonies the least.
- 1st-Degree Felony: Murder, rape, kidnapping (3-11 years in prison).
- 5th-Degree Felony: Theft (if the value is above a certain amount), drug possession (6-12 months in prison).
Misdemeanor Degrees: Misdemeanors are categorized into four degrees, from 1st-degree misdemeanors to minor misdemeanors.
- 1st-Degree Misdemeanor: Assault, DUI, theft (up to 180 days in jail).
- Minor Misdemeanor: Traffic violations, such as speeding (no jail time, usually just fines).
3. Potential Penalties
Felony Penalties: Felonies can result in long-term imprisonment (up to life or death in capital cases), large fines (up to $20,000), probation, or parole. Convictions can lead to lasting consequences, such as loss of voting rights, inability to own firearms, and a permanent criminal record that can affect employment, housing, and other aspects of life.
Misdemeanor Penalties: Misdemeanors are typically less severe and result in shorter jail time (up to 180 days), fines (up to $1,000), and probation. The long-term impact of misdemeanors is often less damaging, though a criminal record can still affect certain areas like job prospects.
4. Impact on Rights and Future
Felony: A felony conviction can lead to significant long-term consequences, such as the loss of certain civil rights (e.g., voting or gun ownership), difficulty securing employment, and restrictions on housing options.
Misdemeanor: A misdemeanor conviction, while less severe, can still result in a criminal record that may show up in background checks and affect job opportunities, but it typically has fewer long-term consequences than a felony.
5. Trial and Sentencing
Felony Cases: Felony charges are handled by Common Pleas Courts, and defendants have the right to a jury trial. Felony cases often take longer to resolve due to their complexity and the severity of the potential consequences.
Misdemeanor Cases: Misdemeanors are usually tried in Municipal Courts or County Courts, and they tend to move through the system faster, with penalties imposed soon after a guilty plea or verdict.
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What Happens if You Violate Probation After a Felony Conviction in Ohio?
In Ohio, being placed on probation (often called community control) after a felony conviction allows individuals to avoid prison time, provided they comply with specific court-ordered conditions. However, if you violate any of the terms of your probation, you could face serious consequences, including potential jail or prison time. Here’s what typically happens if you violate probation after a felony conviction in Ohio:
1. Types of Probation Violations
Probation violations can be classified into two broad categories:
Technical Violations: These occur when you fail to follow the specific rules or conditions set by the court. Examples include missing curfew, failing to attend mandatory meetings, skipping drug tests, or not paying fines or restitution.
Substantive Violations: These involve committing a new crime while on probation. A new criminal offense, whether a misdemeanor or another felony, is a serious violation and can lead to harsher penalties.
2. The Violation Process
When a probation officer believes you have violated the terms of your probation, they will report it to the court, which may result in the following steps:
Probation Violation Hearing: You will be required to attend a hearing before a judge. At this hearing, the prosecution must present evidence that you violated your probation. Unlike a criminal trial, the standard of proof is lower—proof by a preponderance of the evidence (meaning it’s more likely than not that you violated probation) rather than beyond a reasonable doubt.
Defending Yourself: You have the right to defend yourself during the hearing. This may include providing evidence or testimony that shows you did not violate the terms, or that there were extenuating circumstances (such as a medical emergency that caused you to miss a probation meeting).
3. Consequences of Violating Probation
If the court finds that you violated your probation, several potential outcomes are possible, depending on the nature of the violation and the severity of the original felony conviction:
Warning or Modification of Probation: For minor, technical violations, the judge may issue a warning or modify the terms of your probation, such as imposing stricter conditions or extending the length of your probation.
Increased Supervision: The court may impose harsher restrictions, such as electronic monitoring, more frequent meetings with a probation officer, mandatory substance abuse treatment, or curfews.
Reinstatement of Original Sentence: For more serious violations or repeat offenders, the judge may revoke your probation and impose the original sentence that was suspended. This often means serving prison time for the original felony conviction.
New Criminal Charges: If you committed a new crime while on probation, you could face additional charges, which may result in new penalties on top of any punishment for the probation violation.
4. Factors the Court Considers
When deciding the consequences for a probation violation, the court considers several factors, including:
- The nature of the violation (technical vs. substantive).
- The seriousness of the original felony conviction.
- Whether it was a first-time or repeat violation.
- Your overall compliance with probation terms before the violation.
- Any mitigating circumstances that might explain the violation.
5. Can You Avoid Jail Time After a Violation?
In some cases, you may be able to avoid jail or prison time by showing that you can comply with the probation conditions moving forward. Having a strong defense attorney who can present mitigating circumstances or demonstrate your willingness to follow the rules in the future may help convince the court to give you another chance.
6. The Importance of Compliance
Probation is often seen as a second chance to avoid incarceration, but it comes with strict obligations. Violating those terms can result in severe penalties, including time behind bars. To avoid probation violations, it’s important to fully understand the conditions set by the court and maintain regular communication with your probation officer.
DUI Defense & Criminal Defense in Ohio and Kentucky
At The Law Offices of Steven R. Adams, we are dedicated to defending people across the Cincinnati metropolitan area who are facing state and federal criminal charges. If you have been arrested or are awaiting a court date in Ohio, please contact us today to discuss the best possible outcome for your case.
Felonies are considered the most serious of all crimes. 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. At The Law Offices of Steven R. Adams, LLC, we can help fight for your rights if you are accused of committing a felony offense.
Some examples of felony offenses include:
- Murder
- Rape
- Kidnapping
- Robbery
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. 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. There may be additional penalties associated with firearm violations and repeat offenses. The most serious of all felonies are eligible for the death penalty in Ohio.
Let us help you challenge the charges being made against you. Contact us for a free consultation.
Cincinnati Criminal Defense Attorneys With 25 Years of Experience
With 25 years of experience behind us, our skilled legal team works relentlessly when handling felony matters because we wish to shield our clients from long-term or collateral consequences that are associated with felony convictions. For example, felons may be prohibited from serving on a jury and lose the right to vote while incarcerated. In addition, registration requirements are imposed for convictions involving specific sex crimes.
A conviction for a violent felony offense or drug offense may also result in the following:
- Loss of the ability to own or carry a firearm
- Loss of certain professional degrees and licenses, affecting current and future employment
- Loss of the ability to hold a public office
For High-Quality Representation, Call The Law Offices of Steven R. Adams, LLC!
If you or someone you love are currently facing felony charges, you need to speak with our team without delay. The sooner you have a lawyer fighting for you, the higher the chances that you will obtain the most favorable result possible. We will guide you through the judicial system, step by step.
Please don’t hesitate to give us a call for the strategic criminal defense you need in Cincinnati, OH.
Are you or someone you know facing a Felony charge?
If you are facing felony charges, you need to speak with an experienced felony attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
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