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.
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.
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 (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
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
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
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
Burglary
Felony of the fourth degree (trespass in a habitation) up to felony of the first degree (aggravated burglary)
Trespass in a habitation when a person is present or likely to be present (Felony of the fourth degree)
- Least
- 6 months
- Most
- 18 months
- Fine
- Up to $5,000
Burglary under division (A)(3) (Felony of the third degree)
- Least
- 9 months
- Most
- 36 months (60 months for some listed offences)
- Fine
- Up to $10,000
Burglary under division (A)(1) or (2) (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
Aggravated burglary (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
Arson
Misdemeanor of the first degree up to felony of the first degree (aggravated arson)
Arson causing physical harm to property of $1,000 or more (the lowest felony form) (Felony of the fourth degree)
- Least
- 6 months
- Most
- 18 months
- Fine
- Up to $5,000
Arson, in the third-degree forms of R.C. 2909.03(D) (Felony of the third degree)
- Least
- 9 months
- Most
- 36 months (60 months for some listed offences)
- Fine
- Up to $10,000
Aggravated arson under division (A)(2) (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
Aggravated arson under division (A)(1) or (3) (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
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.
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.
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 (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
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
Kidnapping, where the victim is released in a safe place unharmed (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
Kidnapping (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
Embezzlement
Misdemeanor of the first degree (below $1,000) up to a felony of the first degree ($1,500,000 or more)
Theft of $1,000 to under $7,500 (Felony of the fifth degree)
- Least
- 6 months
- Most
- 12 months
- Fine
- Up to $2,500
Grand theft: $7,500 to under $150,000 (Felony of the fourth degree)
- Least
- 6 months
- Most
- 18 months
- Fine
- Up to $5,000
Aggravated theft: $150,000 to under $750,000 (Felony of the third degree)
- Least
- 9 months
- Most
- 36 months (60 months for some listed offences)
- Fine
- Up to $10,000
Aggravated theft: $750,000 to under $1,500,000 (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
Aggravated theft: $1,500,000 or more (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 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
Forgery, where the loss is under $7,500 (Felony of the fifth degree)
- Least
- 6 months
- Most
- 12 months
- Fine
- Up to $2,500
Forgery, where the loss is $7,500 to under $150,000 (Felony of the fourth degree)
- Least
- 6 months
- Most
- 18 months
- Fine
- Up to $5,000
Forgery, where the loss is $150,000 or more (Felony of the third degree)
- Least
- 9 months
- Most
- 36 months (60 months for some listed offences)
- Fine
- Up to $10,000
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.
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.

