The Law To Know

← All states and crimes

Criminal penalties in Ohio

Checked in October 2026 against the Ohio Revised Code, Titles 29 and 45.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

How Ohio sets penalties

  • Ohio sorts felonies into five degrees, F1 (the most serious) to F5. The court picks a prison term from the lists in R.C. 2929.14: F1 a minimum of 3 to 11 years, F2 a minimum of 2 to 8 years, F3 9 to 36 months (or 12 to 60 months for some listed offences), F4 6 to 18 months, F5 6 to 12 months.
  • For F1 and F2 felonies committed on or after 22 March 2019, the sentence is indefinite. The court states a minimum and the maximum is the minimum plus 50 per cent (R.C. 2929.144). So an 11 year minimum carries a 16 year 6 month maximum.
  • Fines are capped by degree: F1 $20,000, F2 $15,000, F3 $10,000, F4 $5,000, F5 $2,500 (R.C. 2929.18). A first-degree misdemeanor carries up to 180 days in jail.
  • Murder (R.C. 2903.02) is not sorted into a degree. It carries an indefinite term of 15 years to life (R.C. 2929.02(B)(1)). Aggravated murder (R.C. 2903.01) carries death or life.
  • For the lowest felonies (F4 and F5), prison is often not required. The court may order community control instead. The ranges shown are the prison terms when prison is imposed.
  • Ohio has no separate offence of embezzlement: it is theft (R.C. 2913.02), graded by value.

Death penalty: Yes. Aggravated murder is punished by death or life imprisonment, as determined under R.C. 2929.022, 2929.03 and 2929.04, and a person who was not 18 or older at the time of the offence cannot be sentenced to death or to life without parole (R.C. 2929.02(A)).

First-degree murder

Death or life imprisonment (aggravated murder)

  • Aggravated murder (Aggravated murder)

    Least
    Life imprisonment
    Most
    Death
    Fine
    Up to $25,000, in addition

    No person who was under 18 when the offence was committed may be sentenced to death or to life without parole, and a person found ineligible because of serious mental illness may not be sentenced to death.

    Ohio Rev. Code §§ 2903.01, 2929.02(A)

Aggravated murder (R.C. 2903.01) is purposely causing death with prior calculation and design, purposely causing death while committing or attempting listed felonies (kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary and others), purposely killing a child under 13, and other listed cases.

Second-degree murder

An indefinite term of 15 years to life

  • Murder: purposely causing the death of another, or causing death as a proximate result of committing a first- or second-degree felony of violence (Murder)

    Least
    15 years
    Most
    Life imprisonment

    Other provisions of R.C. 2929.02(B) change this for particular circumstances (for example, murder of a child under 13 or a sexually oriented murder). They were not read in full.

    Ohio Rev. Code §§ 2903.02, 2929.02(B)(1)

Voluntary manslaughter

A felony of the first degree (voluntary manslaughter); involuntary manslaughter is a first-degree felony if the underlying offence is a felony

Voluntary manslaughter (R.C. 2903.03) is knowingly causing death while under the influence of sudden passion or a sudden fit of rage brought on by serious provocation occasioned by the victim.

Robbery

Felony of the third degree (some robbery) up to felony of the first degree (aggravated robbery)

  • Robbery under division (A)(3): using or threatening the immediate use of force against another (Felony of the third degree)

    Least
    9 months
    Most
    36 months (60 months for some listed offences)
    Fine
    Up to $10,000

    Ohio Rev. Code § 2911.02; §§ 2929.14, 2929.18

  • Robbery under division (A)(1) or (2): having a deadly weapon, or inflicting, attempting or threatening physical harm (Felony of the second degree)

    Least
    2 years (minimum term)
    Most
    12 years (an 8 year minimum plus 50 per cent)
    Fine
    Up to $15,000

    Ohio Rev. Code § 2911.02; §§ 2929.14, 2929.18

  • Aggravated robbery (having a deadly weapon, or inflicting or attempting serious physical harm) (Felony of the first degree)

    Least
    3 years (minimum term)
    Most
    16 years 6 months (an 11 year minimum plus 50 per cent)
    Fine
    Up to $20,000

    Ohio Rev. Code § 2911.01; §§ 2929.14, 2929.18

Burglary

Felony of the fourth degree (trespass in a habitation) up to felony of the first degree (aggravated burglary)

Arson

Misdemeanor of the first degree up to felony of the first degree (aggravated arson)

Aggravated assault

Felony of the fourth degree (aggravated assault) up to felony of the second degree (felonious assault)

  • Aggravated assault (Felony of the fourth degree)

    Least
    6 months
    Most
    18 months
    Fine
    Up to $5,000

    It is a felony of the third degree if the victim is a peace officer.

    Ohio Rev. Code § 2903.12; §§ 2929.14, 2929.18

  • Felonious assault: knowingly causing serious physical harm, or physical harm by a deadly weapon (Felony of the second degree)

    Least
    2 years (minimum term)
    Most
    12 years (an 8 year minimum plus 50 per cent)
    Fine
    Up to $15,000

    It is a felony of the first degree if the victim is a peace officer.

    Ohio Rev. Code § 2903.11; §§ 2929.14, 2929.18

Aggravated assault (R.C. 2903.12) is knowingly causing serious physical harm, or physical harm by means of a deadly weapon, while under the influence of sudden passion or a fit of rage brought on by serious provocation. Felonious assault (R.C. 2903.11) is the more serious form without that provocation.

Rape and sexual assault

Felony of the first degree

Rape (R.C. 2907.02) is engaging in sexual conduct by force or threat of force, with a person whose ability to resist is substantially impaired, or with a person under 13. Rape of a child under 13 carries heavier penalties than the ordinary F1 range, including life, set in R.C. 2907.02(B).

Kidnapping

Felony of the second degree (the victim released in a safe place unharmed) up to felony of the first degree

Embezzlement

Misdemeanor of the first degree (below $1,000) up to a felony of the first degree ($1,500,000 or more)

Ohio has no offence called embezzlement. It is theft (R.C. 2913.02). Ohio grades theft by value: a misdemeanor below $1,000; a felony of the fifth degree from $1,000 to under $7,500; fourth degree from $7,500 to under $150,000; third degree from $150,000 to under $750,000; second degree from $750,000 to under $1,500,000; and first degree at $1,500,000 or more.

Forgery

Felony of the fifth degree up to felony of the third degree, by the loss

Drunk driving, first offence

A misdemeanor of the first degree: a mandatory 3 days in jail (or an intervention programme), up to 6 months, a fine of $565 to $1,075, and a licence suspension of 1 to 3 years

  • Operating a vehicle while under the influence of alcohol or drugs (OVI), first offence (Misdemeanor of the first degree)

    Least
    3 consecutive days (72 hours) in jail, or a driver intervention programme
    Most
    6 months
    Fine
    $565 to $1,075

    The court must also suspend the driver's licence for one to three years.

    Ohio Rev. Code § 4511.19(G)(1)(a)

Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Michigan, Massachusetts, Missouri, Nebraska.

Spotted a mistake? Tell us.