Call today (330) 336-3330

Daniel Gigiano Blog

Proudly Serving Medina, Summit and Wayne Counties

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. 

Ohio Felony Sentencing Range


The lowest offense is a fifth degree felony, which carries six to twelve months in prison.  Next, comes the fourth degree felony, which carries six to eighteen months in prison.  Third degree felonies have two tiers.  The upper tier carries one to five years in prison.  The lower tier carries nine to thirty-six months in prison.  Second degree felonies carry two to eight years in prison.  Finally, first degree felonies carry three to eleven years in prison. 


Ohio Prison Presumption


Unless certain factors apply, Ohio law guides judges against imposing prison time for fourth and fifth degree felonies.  There is no presumption for third degree felonies.  There is a presumption for imposing prison time for first and second degree felonies. 


Ohio Felony Sentencing Chart


Felony classification Presumption Sentencing Range
Fifth degree felony Against prison 6-12 months
Fourth degree felony Against prison 6-18 months
Third degree felony-lower None 9-36 months
Third degree felony-higher None 12-60 months
Second degree felony For prison 2-8 years
First degree felony For prison 3-11 years




Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.


Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained a practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina DUI attorney in Wadsworth.