What is the possible penalty for a 3rd degree felony in Ohio?
A felony of the 3rd degree in Ohio is normally sentenced to probation or 9, 12, 18, 24, 30 or 36 months in prison and a fine of up to $10,000. A felony of the 3rd degree that is considered more serious must be sentenced to 12, 18, 24, 30, 36, 42, 48, 54 or 60 months in prison and a fine of up to $10,000.
There is no presumption of prison or of probation. The Judge must weigh factors to determine the appropriate sentence.
What factors is a Judge required to consider in felony sentencing?
The felonies considered more serious felonies of the 3rd degree include:
Aggravated Vehicular Homicide
Aggravated Vehicular Assault
Unlawful Sexual Conduct with a Minor (Offender 10 or more years older than victim)
Gross Sexual Imposition
Pandering Obscenity Involving a Minor or Impaired Person
Pandering Sexually Oriented Material
Illegal use of a Minor or Impaired Person in Nudity Oriented Material or Performance
Assisted Suicide
3rd or more offense for any of the following:
Aggravated Robbery
Robbery
Aggravated Burglary
Burglary
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