Felonies

Felony offenses are considered the “more serious” type of criminal charges, and typically carry the possibility of much more severe potential penalties upon a conviction. Felony crimes automatically entitle the accused to have a jury determine his or her innocence or guilt, compared to misdemeanors, wherein the accused must request a jury from the Court before one is afforded. (Note, there is no right a jury in minor misdemeanor cases).

Felonies can adversely affect one’s life in numerous ways, including, but not limited to: stripping your rights, including the right to vote and your 2nd amendment right to own, possess, and carry a firearm; It may indirectly take from you your money and or property; it may cause the suspension of your driver’s license; it may disqualify you from obtaining housing; it may prevent you from obtaining employment; there are many others, but of greatest importance, it may strip you of the most important right of all—Liberty, if you are incarcerated in prison.

It is always wise to have an attorney at your side when entering a courtroom, but because a felony matters carry with them the potential for an enormously profound effect on your life and liberty, it is absolutely compulsory for you to have an experienced and effective attorney to protect your rights and defend your case if you or a loved one are accused of felonious activity.

Felonies are broken up into five different levels, or “degrees” depending on the seriousness of the alleged offense, ranging from the lowest degree, the fifth (5th) degree felony, to the most serious, the first (1st degree) felony. Those degrees, with their respective possible penalties, are as follows:

• 5th Degree Felony:
  • A maximum penalty of 12 months incarceration in prison.
  • A maximum fine of $2,500.
  • Post-Release Control (“PRC”) also known as “parole”, is discretionary (optional) unless the felony is a sex offense.
• 4th Degree Felony:
  • A maximum penalty of 18 months incarceration in prison.
  • A maximum fine of $5,000.
  • Parole is discretionary, unless the felony is a sex offense.
• 3rd Degree Felony:
  • Generally, a maximum of 36 months incarceration in prison unless the offense is one of the following, in which case the maximum is 60 months (see §2929.14(A)(3)(a)):
    • Aggravated Vehicular Homicide or Assault
    • Sexual Battery or Gross Sexual Imposition
    • Sex with a Minor
    • Robbery (if two or more separate robberies or burglaries)
    • Burglary (if two or more separate robberies or burglaries)
  • A maximum fine of $10,000
  • Parole is discretionary, unless the felony is a sex or violent offense, in which case it is mandatory.
• 2nd Degree Felony:
  • A maximum sentence of 8 years of incarceration in prison.
  • A maximum fine of $15,000.
  • Parole is mandatory if sentenced to prison.
• 1st Degree Felony:
  • A maximum sentence of 11 years of incarceration in prison.
  • A maximum fine of $20,000.
  • Parole is mandatory if sentenced to prison.

Note that there are several exceptions and variations to the above depending on the particular crime alleged. For a comprehensive guide on felony sentencing, contact Cavinder Law Office and criminal defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a felony offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.