> Fifth Degree Felony | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Posts tagged "fifth degree felony"

Ohio Felony Sentencing

Ohio felony sentencing laws place most Ohio crimes into five classes.  These range from the lowest (fifth degree felony) to the highest (first degree felony).  This article will focus on the basic sentencing scheme.  This article will not discuss specialized Ohio felony sentencing laws, such as the death penalty, life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall into such specialized Ohio felony sentencing laws. 

(more…)


Ohio Maximum Prison Terms And Jail Time

What are the Ohio maximum prison terms and jail time? While there are a number of offenses that carry life in prison, the death penalty, or are subject to enhanced penalties or reduced maximum penalties, this article will focus on the ten basic levels of offenses in Ohio.   The Ohio sentencing classifications from most severe to least severe are: first degree felony (3-10 years in prison); second degree felony (2-8 years in prison); third degree felony (1-5 years in prison); fourth degree felony (6-18 months in prison); fifth degree felony (6-12 months in prison); first degree misdemeanor (up to 6 months in jail); second degree misdemeanor (up to 90 days in jail); third degree misdemeanor (up to 60 days in jail); fourth degree misdemeanor (up to 30 days in jail); minor misdemeanor (up to a $150 fine but no jail time).   (more…)

Can You Lie To The Police?

Can you lie to the police? No. You have the right to remain silent, not to lie, especially if that lie is designed to mislead the police. Then, the lie is considered obstruction of justice or obstruction of official business.   Obstructing justice is defined in Ohio Revised Code 2921.32 (R.C. 2921.32). It is a crime to attempt to hinder the discovery, apprehension, conviction or punishment of a person who has committed a crime. This can include lying or misleading the police, harboring or hiding the accused person, or helping the accused person evade the police. It can also include the use of bribery or intimidation. If the crime committed by the person aided is a misdemeanor, obstructing justice is a misdemeanor of the same degree. For example, if the aided person committed assault, a first degree misdemeanor, obstructing justice would be a first degree misdemeanor. If the crime committed by the person aided is a third, fourth or fifth degree felony, other potential penalties are specified under R.C. 2921.32.   Obstructing official business is defined in Ohio Revised Code 2921.31 (R.C. 2921.31), making it illegal to prevent, obstruct or delay a police officer or other public official in the performance of his or her official duties. (more…)