Being arrested or charged with a crime can be overwhelming. You may immediately start wondering what happens next, whether you could go to jail or prison, how serious the charge is, and what you should do to protect yourself.
In Ohio, the potential consequences depend heavily on the specific offense, Ohio Revised Code section, degree of the charge, prior criminal record, and circumstances of the alleged conduct.
For example, a first-degree misdemeanor can carry up to 180 days in jail, while felony offenses can carry substantially longer prison terms. Ohio’s current felony sentencing law provides different ranges depending on the felony degree and the specific offense.
If you are facing criminal charges in Columbus or Central Ohio, understanding the process can help you make informed decisions about what happens next.
What Happens After a Criminal Charge?
The process depends on the type of offense and the circumstances of the case.
A misdemeanor case does not necessarily follow the same process as a felony case, and federal criminal cases can involve different procedures from Ohio state cases.
A criminal matter may involve:
- Arrest or citation
- Initial appearance
- Preliminary hearing
- Grand jury proceedings
- Indictment
- Arraignment
- Pretrial hearings
- Discovery
- Motions
- Plea negotiations
- Trial
- Sentencing
Not every case goes through every stage.
The first step is understanding exactly what you have been charged with and which Ohio Revised Code section applies.
How Serious Is a Criminal Charge in Ohio?
Ohio criminal offenses are generally divided into misdemeanors and felonies.
Misdemeanors are generally less serious than felonies, although they can still result in jail time, fines, probation or other consequences.
Under Ohio Revised Code § 2929.24, the maximum basic jail terms for misdemeanors are:
- First-degree misdemeanor: up to 180 days
- Second-degree misdemeanor: up to 90 days
- Third-degree misdemeanor: up to 60 days
- Fourth-degree misdemeanor: up to 30 days
Maximum general misdemeanor fines are set separately by R.C. 2929.28 and range from $150 for a minor misdemeanor to $1,000 for a first-degree misdemeanor.
Felony offenses can carry significantly longer prison terms. Under R.C. 2929.14, the general ranges include:
- First-degree felony: minimum term selected from 3 to 11 years, with an applicable maximum term determined under R.C. 2929.144 (Ohio’s indefinite-sentencing, or “Reagan Tokes,” law)
- Second-degree felony: minimum term selected from 2 to 8 years, with an applicable maximum term determined the same way
- Third-degree felony: generally 9 to 36 months, with certain offenses subject to different ranges
- Fourth-degree felony: generally 6 to 18 months
- Fifth-degree felony: generally 6 to 12 months
Maximum felony fines under R.C. 2929.18 range from $2,500 for a fifth-degree felony to $20,000 for a first-degree felony, and courts may also order restitution and other financial sanctions.
These are general statutory ranges, not predictions of what a particular defendant will receive.
Common Criminal Charges in Columbus, Ohio
The potential punishment depends on the exact charge and circumstances.
Domestic Violence — Ohio Revised Code § 2919.25
Ohio Revised Code § 2919.25 addresses domestic violence involving a family or household member.
Under the statute, knowingly causing or attempting to cause physical harm, or recklessly causing serious physical harm, to a family or household member is generally a first-degree misdemeanor, while a threat-of-force violation is generally a fourth-degree misdemeanor. A qualifying prior conviction elevates a physical-harm violation to a fourth-degree felony, with further elevation possible under the statute for additional priors and other circumstances.
A first-degree misdemeanor can carry up to 180 days in jail, while felony domestic-violence cases can involve significantly greater consequences.
The exact penalty depends on the subsection charged and the defendant’s prior record.
Assault — Ohio Revised Code § 2903.13
Ohio Revised Code § 2903.13 generally addresses knowingly causing or attempting to cause physical harm to another person or recklessly causing serious physical harm.
A basic assault offense is generally a first-degree misdemeanor, although certain circumstances can elevate the offense.
A first-degree misdemeanor can carry up to 180 days in jail.
Felonious Assault — Ohio Revised Code § 2903.11
Felonious assault is a felony offense involving conduct such as knowingly causing serious physical harm or causing or attempting to cause physical harm with a deadly weapon or dangerous ordnance.
Felonious assault is generally a felony of the second degree, and it is a felony of the first degree in specified circumstances, such as certain offenses against peace officers. Depending on the circumstances, the offense can carry serious prison exposure.
Because the degree and sentencing consequences can depend on the specific subsection and facts, the exact potential sentence should be determined from the charging document and applicable sentencing provisions.
Aggravated Assault — Ohio Revised Code § 2903.12
Aggravated assault is a felony offense under Ohio law.
Despite its name, aggravated assault is the mitigated form of felonious assault: it applies to the same kinds of conduct committed while under the influence of sudden passion or in a sudden fit of rage brought on by serious provocation occasioned by the victim. It is generally a felony of the fourth degree, and a felony of the third degree if the victim is a peace officer or an investigator of the bureau of criminal identification and investigation.
Because felony prison terms can be substantially longer than misdemeanor jail terms, anyone charged under this statute should have the exact subsection and offense classification reviewed carefully.
OVI — Ohio Revised Code § 4511.19
Ohio’s OVI statute prohibits operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, as well as certain prohibited alcohol or drug concentrations.
The consequences of an OVI conviction can include:
- Jail or prison
- Fines
- Driver’s-license suspension
- Court costs
- Treatment requirements
- Ignition-interlock requirements in applicable cases
The potential jail or prison period can change substantially depending on prior OVI convictions and other circumstances.
Theft — Ohio Revised Code § 2913.02
Ohio Revised Code § 2913.02 addresses theft offenses.
The seriousness of a theft charge can depend on factors including the value or type of property involved and other circumstances. Under the current statute, theft is generally a first-degree misdemeanor, becomes a fifth-degree felony at $1,000, and increases through the felony degrees at higher values, reaching a first-degree felony at $1.5 million or more.
Because theft can range from a misdemeanor to a felony, the possible jail or prison sentence cannot be determined simply by saying someone has been charged with “theft.”
The exact degree of the offense should be reviewed first.
Burglary — Ohio Revised Code § 2911.12
Burglary is a felony offense under Ohio law.
The degree can depend on circumstances surrounding the alleged entry and conduct inside the structure. Burglary under divisions (A)(1) and (A)(2) is a felony of the second degree, burglary under division (A)(3) is a felony of the third degree, and the related offense of trespass in a habitation when a person is present or likely to be present is a felony of the fourth degree.
Because felony sentencing ranges vary according to the degree and applicable provisions, the potential prison exposure should be evaluated based on the specific subsection charged.
Robbery — Ohio Revised Code § 2911.02
Robbery involves circumstances involving force or the threat of force in connection with a theft offense, and is generally a felony of the second or third degree under R.C. 2911.02 depending on the division charged.
The applicable degree and potential prison sentence depend on the specific conduct alleged and the statutory subsection involved.
Drug Possession — Ohio Revised Code § 2925.11
Ohio Revised Code § 2925.11 addresses drug possession.
The level of the offense can depend on the controlled substance, amount, and other circumstances.
A drug possession case can therefore range from a misdemeanor to a serious felony, with substantially different potential jail or prison consequences.
Drug Trafficking — Ohio Revised Code § 2925.03
Ohio Revised Code § 2925.03 addresses drug trafficking offenses.
The potential degree and sentencing exposure can depend on the substance, quantity, location, and other circumstances.
A trafficking charge can therefore involve significantly greater prison exposure than a lower-level possession offense.
What Should You Do After an Arrest?
The first priority is avoiding decisions that could make the situation more difficult.
Do Not Discuss the Case With Police Without Legal Advice
People sometimes believe that explaining their side of the story will immediately resolve the situation.
That is not necessarily true.
Statements made during an investigation can become evidence. If you are unsure about your rights or what you should say, speaking with a criminal defense attorney can help you understand your options.
Follow Your Release Conditions
If you have been released, make sure you understand every condition imposed by the court.
These may include:
- Court appearances
- No-contact orders
- Drug or alcohol testing
- Travel restrictions
- Reporting requirements
- Other conditions
Violating a release condition can create additional problems.
Preserve Evidence
Do not delete messages, emails, photographs, documents, or other information connected with your case.
Something that seems unimportant initially may become relevant later.
Why Does Criminal Defense Experience Matter?
Criminal cases involve specific procedures, evidence rules, deadlines, negotiations, and trial strategies.
An attorney who regularly handles criminal defense cases may be familiar with the practical aspects of the local court system and the types of issues that commonly arise.
Attorney Adam Burke’s practice focuses on criminal defense matters in Columbus and Central Ohio, including felony and misdemeanor cases, federal charges, OVI, domestic violence and assault, drug charges, warrants, and other criminal matters.Â
What Does a Criminal Defense Attorney Do?
Depending on the case, a defense attorney may:
- Review police reports
- Examine discovery
- Investigate evidence
- Review witness statements
- Identify potential legal issues
- Challenge improperly obtained evidence
- Communicate with prosecutors
- Negotiate when appropriate
- File motions
- Prepare for hearings
- Prepare for trial
The appropriate strategy depends on the facts of the individual case.
Can Criminal Charges Be Reduced or Dismissed?
Sometimes.
A criminal case can potentially be resolved through:
- Dismissal
- Reduction of charges
- Negotiated plea
- Diversion or another available resolution
- Trial
There is no guarantee that any particular outcome will occur.
The available options depend on the evidence, offense, criminal history, prosecutor’s position, and other circumstances.
What Happens Before Trial?
Before trial, the defense may review discovery, investigate witnesses, examine evidence, research legal issues, file motions, and negotiate with the prosecution.
This stage can be important because a detailed review may reveal:
- Conflicting witness statements
- Problems with evidence
- Questions about a search or seizure
- Inconsistencies in reports
- Issues with testing
- Other weaknesses in the prosecution’s case
Preparing for a Criminal Trial
If a case proceeds to trial, preparation may include:
Reviewing Evidence
The defense needs to understand the evidence the prosecution intends to use.
Examining Legal Issues
Potential motions and evidentiary issues should be identified before trial.
Preparing Witnesses
Where appropriate, witnesses may need to be prepared to testify.
Developing a Defense Strategy
The strategy should be based on the facts and applicable law rather than assumptions.
Preparing for Cross-Examination
Witness testimony may need to be carefully examined through cross-examination.
Common Mistakes to Avoid
Posting About Your Case Online
Social media posts can potentially become evidence.
Avoid discussing the details of your criminal case publicly.
Contacting Witnesses
Do not attempt to pressure or influence witnesses.
If you have concerns about someone involved in the case, discuss them with your attorney.
Missing Court
Missing a required court appearance can result in additional legal consequences.
Ignoring the Charge
A criminal charge should not simply be ignored.
Even a misdemeanor can potentially result in jail, fines, probation, and other consequences.
What If You Are Facing a Felony?
Felony charges deserve particular attention because potential prison exposure can be substantially greater than misdemeanor jail exposure.
Under current Ohio law, felony sentencing depends on the degree and offense-specific provisions. For example, general sentencing provisions provide substantially different ranges for first-, second-, third-, fourth-, and fifth-degree felonies.
That is why it is important to identify the exact ORC section and degree rather than relying only on the common name of the charge.
What If You Are Facing Federal Charges?
Federal criminal cases can involve different procedures and agencies than Ohio state cases.
Federal matters may include allegations involving:
- Fraud
- Identity theft
- Money laundering
- Embezzlement
- Bribery
- Public corruption
- Computer crimes
- Tax offenses
- RICO-related allegations
- Asset-forfeiture proceedings connected with a criminal case (forfeiture is a legal remedy rather than a criminal charge in its own right)
Federal criminal charges can carry serious consequences, and the applicable sentencing rules depend on the specific federal offense and circumstances.
How Much Jail or Prison Time Could You Face?
There is no single number that applies to every criminal charge.
The potential sentence can depend on:
- Exact ORC section
- Degree of offense
- Prior convictions
- Facts of the alleged offense
- Mandatory sentencing provisions
- Specifications
- Plea or trial
- Other sentencing factors
For example, a first-degree misdemeanor can carry up to 180 days in jail, while felony prison exposure can range from months to many years depending on the degree and offense-specific law.
So, rather than assuming that every person charged with the same general crime will receive the same sentence, the specific charging section and circumstances need to be reviewed.
How Can a Columbus Criminal Defense Attorney Help?
When you are facing criminal charges, an attorney can help you understand what the charge means, what evidence exists, what defenses may be available, and what potential outcomes you could face.
Attorney Adam Burke’s practice focuses on criminal defense in Columbus and Central Ohio, including felony, misdemeanor, federal, OVI, domestic violence, drug, and other criminal matters.
A case-specific review can help determine what legal issues and options may apply. Phone: 614-280-9122Â
What Should You Bring to Your Attorney Consultation?
Bring any documents connected with your case, including:
- Citation
- Indictment
- Arrest paperwork
- Court notices
- Bond paperwork
- Police reports
- Search warrants
- Protection orders
- Relevant messages
- Photographs
- Other evidence
You do not need to understand every document before speaking with an attorney.
What If You Are Under Investigation but Not Arrested?
A criminal case does not always begin with an arrest.
You may discover that law enforcement is investigating you before formal charges are filed.
If you learn that you are the subject of an investigation, consider obtaining legal advice before making substantive statements or voluntarily providing information.
What Happens Next?
The next step depends on where the case currently stands.
If you were just arrested, the immediate issues may involve release and your next court appearance.
If you have already been arraigned, the focus may move toward discovery, investigation, motions, negotiations, and trial preparation.
If you have been indicted, the defense needs to evaluate the exact charges, applicable statutes, evidence, and possible defenses.
Final Thoughts
Being charged with a crime does not mean the outcome has already been decided.
Ohio criminal cases involve different procedures and sentencing rules depending on the specific offense.
Understanding the exact charge, ORC section, offense degree, and potential jail or prison exposure is an important starting point.
If you are facing criminal charges in Columbus or Central Ohio, an experienced criminal defense attorney can review the circumstances of your case and explain the options available to you.
Frequently Asked Questions
How much jail time can I get for a misdemeanor in Ohio?
It depends on the degree. Generally, a first-degree misdemeanor can carry up to 180 days, a second-degree misdemeanor up to 90 days, a third-degree misdemeanor up to 60 days, and a fourth-degree misdemeanor up to 30 days. Certain offenses have additional or different sentencing rules.
How much prison time can I get for a felony in Ohio?
It depends on the felony degree and the specific offense. Current Ohio law provides different sentencing ranges for F1 through F5 offenses, with certain offenses subject to special rules.
Does a criminal charge automatically mean I will go to jail?
No. Being charged is not the same as being sentenced. The outcome can depend on the evidence, offense, criminal history, negotiations, court decisions, and whether the case goes to trial.
What is the difference between jail and prison in Ohio?
Generally, jail is associated with local incarceration, while prison generally refers to state incarceration for felony offenses. The terminology and sentencing rules depend on the offense.
What is an ORC section?
ORC stands for Ohio Revised Code. Each criminal offense is identified by a specific statutory section. Knowing the exact section helps determine the elements, classification, and potential penalties applicable to the charge. The official text is published at codes.ohio.gov.
Can a felony charge be reduced to a misdemeanor?
In some cases, prosecutors and courts may resolve a case at a lower offense level, depending on the facts, evidence, applicable law, and negotiations. There is no guarantee that a felony will be reduced.
What criminal charges does Attorney Adam Burke handle?
The practice covers felony and misdemeanor defense, federal charges, OVI, domestic violence and assault, drug charges, warrants, traffic and license matters, and other criminal defense cases.
Should I talk to an attorney before speaking with police?
If you are being investigated or questioned about a potential criminal offense, getting legal advice before making substantive statements can help you understand your rights and options.
Legal Disclaimer
This article provides general information about Ohio criminal charges and criminal defense and is not legal advice. Reading this article does not create an attorney-client relationship. The laws and procedures applicable to a particular criminal matter depend on the specific facts, charges, jurisdiction, and relevant law. Anyone facing a criminal investigation or charge should consult a licensed attorney regarding their individual situation. Statutory references in this article were checked against the Ohio Revised Code (codes.ohio.gov) as of September 2026; statutes are amended from time to time, and the current version of any statute should be consulted.