Misdemeanors

Misdemeanors are crimes, as defined by the State Legislature, that carry less than a year of incarceration as possible punishment. In the state of Ohio, there are five categories of misdemeanors, which are described using numbers to correspond with the seriousness of the offense. For instance, a misdemeanor of the first degree is fairly serious, while a misdemeanor of the fourth degree is much less serious. The fifth category of misdemeanor is called a minor misdemeanor, and isn’t a criminal offense at all. If you are convicted of a minor misdemeanor, the court cannot sentence you to jail, rather, you will normally be assessed a fine. In the state of Ohio, misdemeanors are typically handled by municipal, county, or mayor’s courts.

Why should I hire an attorney for my misdemeanor case?

Many criminal defendants walk into court and plead guilty at their first court appearance because they don’t want to spend money to hire an attorney, or be inconvenienced by going back to court. However, you should be aware that pleading guilty, without an experienced criminal defense attorney by your side, is normally a drastic mistake. Most criminal convictions, even the most innocuous, can have very serious consequences that will follow you for the rest of your life. You should seriously consider hiring a criminal defense attorney in the Dayton area who will help to resolve your misdemeanor case with the optimal outcome.

As a former Montgomery County assistant prosecuting attorney and current member of the Ohio Association of Criminal Defense Lawyers, Jeremiah Denslow knows the strengths and weaknesses of each misdemeanor case. He can quickly ascertain the best strategy to utilize, including whether to file various motions, prepare the case for trial, negotiate a plea bargain with the prosecutor, or simultaneously do all of the above.

Misdemeanor Sentencing: Jail Time and Fines

Many people feel that misdemeanors are not a very big deal because you aren’t facing very serious consequences. However, that’s simply not true. The potential consequences of pleading guilty or otherwise getting convicted of a misdemeanor can be extremely serious. Generally speaking, for a first-degree misdemeanor, you face a possibility of six months in county jail and a $1,000 fine; for a second-degree misdemeanor, you face a possible three months in jail and a $750 fine; for a third-degree misdemeanor, you face possible penalties of two months in jail and a $500 fine; for a fourth-degree misdemeanor, you face a possible sentence of one month in jail and a $250 fine; finally, for a minor misdemeanor, you face a possible $150 fine.

Misdemeanor Sentencing: Probation

It is important to note that in addition to the aforementioned possibility of going to jail and being fined, the court may also sentence you to probation. Probation is a very common sentence in a misdemeanor case and gives the court a way to supervise you in the community. If you are placed on probation, the court will impose rules and regulations by which you must abide. The terms of your probation can vary widely, but they typically include things such as obtaining and maintaining a steady job, completing community service, attending counseling sessions and substance abuse treatment, obtaining a degree or G.E.D., taking drug tests, and reporting to your probation officer on a periodic basis.

Probation can last for a number of years and the length of your supervision usually varies depending on a number of factors, including the court in which you are charged, the judge before which you appear, the probation officer to which you are assigned, the seriousness of your offense, your conduct while on probation and numerous other considerations. If you violate the terms of your probation, your probation officer will most likely file a probation revocation, which starts a whole new legal proceeding against you. Often times, if you violate the terms of your probation, the judge, prosecutor, and probation officer will all want to send you to jail.

Criminal Defense attorney, Jeremiah Denslow, can assist you if you are charged with a misdemeanor in the state of Ohio. Typical misdemeanors include DUI/OVI/DWI, assault, domestic violence, theft, resisting arrest, drug possession, harassment, and disorderly conduct. You should not walk into a courtroom without an experienced defense attorney protecting your rights and fighting for you. Defense lawyer, Jeremiah Denslow, handles criminal cases in all of southern Ohio, including Dayton, Cincinnati, Columbus, Kettering, Fairborn, Miamisburg, Xenia, Lebanon, Springfield, Huber Heights, Trotwood, and West Carrollton.