July 29, 2026 | Criminal Law
If you’re facing a felony charge in Ohio, one of the first things you need to understand is how the state classifies the offense. Ohio breaks felonies down into five degrees, with first-degree felonies being the most serious and fifth-degree being the least. There is also a separate category for unclassified felonies, which covers crimes like murder and aggravated murder.
Each degree comes with its own sentencing range, and the penalties get steeper the higher up you go. Knowing where your charge falls can help you get a clearer picture of what you’re up against, so read on for a breakdown of how felony sentencing and classification work in Ohio.
How Ohio Classifies Felonies
Ohio uses a degree-based system under Ohio Revised Code Section 2929.14. Rather than labeling offenses as “Class A” or “Class B,” as some other states do, Ohio ranks them from first degree to fifth degree. The degree assigned to a particular crime depends on how serious lawmakers consider the offense to be.
For example, crimes like kidnapping and rape fall under the first-degree category. On the other end of the spectrum, offenses like breaking and entering are typically charged as fifth-degree felonies. The degree attached to your charge determines the range of prison time and fines you could face.
Sentencing Ranges by Degree
The standard sentencing guidelines for each felony degree in Ohio include:
- First-degree felony: 3 to 11 years in prison, with fines up to $20,000
- Second-degree felony: 2 to 8 years in prison, with fines up to $15,000
- Third-degree felony: 9 to 36 months in prison, with fines up to $10,000
- Fourth-degree felony: 6 to 18 months in prison, with fines up to $5,000
- Fifth-degree felony: 6 to 12 months in prison, with fines up to $2,500
Keep in mind that these are standard ranges. Certain offenses carry mandatory minimum sentences that override the guidelines listed above. A judge also has some discretion when it comes to where within the range your sentence falls, and factors like your criminal history can also push things in either direction.
Indefinite Sentencing Under the Reagan Tokes Act
For first- and second-degree felonies committed after March 22, 2019, Ohio’s Reagan Tokes Act introduced what’s known as indefinite sentencing. Under this system, the judge sets a minimum prison term from the standard range, and the maximum is calculated by adding 50% to that minimum.
For example, if a judge hands down a six-year minimum on a first-degree felony, the maximum automatically becomes nine years.
The presumption is that the offender will be released upon serving the minimum term. However, the Ohio Department of Rehabilitation and Correction can hold a hearing and extend that time based on the offender’s behavior behind bars. Incarceration can be extended up to the stated maximum but not beyond it.
Contact a Dayton Criminal Defense Attorney at Suhre & Associates DUI and Criminal Defense Lawyers to Schedule a Free Consultation
Felony charges in Ohio are serious at every level. Regardless of the exact nature of your charges, the penalties and collateral consequences can follow you long after your case is closed. Having an experienced attorney on your side from the beginning gives you the best chance of protecting your rights and your future.
Contact one of our defense lawyers at Suhre & Associates DUI and Criminal Defense Lawyers today for a free consultation. We can help you understand your rights and options depending on your specific situation. The sooner you reach out, the more time your criminal defense lawyer in Dayton has to build a successful defense on your behalf.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435