Pre-Sentence Investigation and Report
The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. The probation officer concludes the report with a recommended sentence. The victim in a felony case is given the opportunity to file a Victim Impact Statement that informs the Court about his experience as a victim and how he feels about a sentence.
Sentence
The sentence imposed on a defendant is up to the discretion of the judge. In some cases a mandatory sentence is required by law (for example, DUI's and certain drug offenses). At the time of sentencing, the judge will consider the information contained in the pre-sentence investigation and the victim impact statement. the Court may consider alternatives to a jail or prison sentence such as original probation, fine, community service, and drug, alcohol or mental health counseling.
The potential sentences for a felony in the State of Ohio are:
Felony 1 3, 4, 5, 6, 7, 8, 9, or 10 years $20,000,00 maximum fine
Felony 2 2, 3, 4, 5, 6, 7, or 8 years $15,000.00 maximum fine
Felony 3 1, 2, 3, 4, or 5 years $10,000.00 maximum fine
Felony 4
6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17 or 18 months $ 5,000.00 maximum fine
Felony 5 6, 7, 8, 9, 10, 11 or 12 months $ 2,500.00 maximum fine
In addition to the potential prison terms listed above, a defendant may receive an additional sentence from one to six years if a firearm was used in the commission of a crime.
The potential sentence for a misdemeanor in the
State of Ohio are:
Misdemeanor 1 6 months $1,000.00 maximum fine
Misdemeanor 2 90 days $ 750.00 maximum fine
Misdemeanor 3 60 days $ 500.00 maximum fine
Misdemeanor 4 30 days $ 250.00 maximum fine
Minor Misdemeanor No jail $ 100.00 maximum fine