When one is sentenced on both a felony and a misdemeanor, the Ohio Supreme Court has determined misdemeanor concurrent sentences mandatory with felony sentences. In a decision entered recently this year, this Ohio Supreme Court resolved conflicting opinions among the lower courts on this issue. Consecutive sentences are served one right after the other, with no double credit for any of the time served. Two six month sentences would add up to a year if they ran consecutive to one another. Concurrent sentences are served at the same time. Two six month sentences would add up to only six months if they ran concurrent to one another.
The Facts That Led The Ohio Supreme Court To Declare Misdemeanor Concurrent Sentences Mandatory
In the case at hand, Polus pled guilty to a count of felony receiving stolen property and a count of misdemeanor receiving stolen property. The judge sentenced him to 11 months in prison for the felony and 6 months in jail for the misdemeanor, each to run consecutively for a total of 17 months. Polus was charged with two more felony counts of receiving stolen property. He pled to those and received two more consecutive sentences of 11 months each for a total of 22 months to begin after he finished serving the 17 months from the previous conviction. Polus appealed.
Why Are Misdemeanor Concurrent Sentences Mandatory?
The Ohio Supreme Court decided that Ohio law generally required misdemeanor sentences to run concurrent with felony sentences. Ohio law lists 3 misdemeanors that are excepted from this rule: (1) pandering sexually oriented matter involving children; (2) escape; and (3) possession of a deadly weapon while under detention. These 3 misdemeanors can, but are not required to, run consecutively with a felony conviction.
Articles Related To Misdemeanor Concurrent Sentences Mandatory
Click on any of the following links to read more about Ohio criminal law and sentencing guidelines: The difference between misdemeanors and felonies in Ohio; What is double jeopardy; What is felony theft in Ohio; What is shoplifting in Ohio; Ohio legislature reduces felony sentences.
Attorney Daniel Gigiano Knows How To Work Ohio Criminal Law And Sentences Guidelines In Your Favor
Attorney Gigiano is a Wadsworth criminal defense attorney in Medina County, Ohio. Call now at 330-336-3330 if you need the services of an Akron criminal defense attorney near Barberton, a Massillon criminal defense attorney near Canal Fulton, or a Wooster criminal defense attorney near Orrville.