What Is the Difference Between a Misdemeanor and a Felony?

In the state of Ohio, all criminal offenses fall under one of three categories: felonies, misdemeanors, and infractions. Infractions are the least severe, things like traffic tickets that won’t land you in jail. 

But when we talk about felonies and first-degree misdemeanors in Ohio, we’re dealing with criminal violations that can carry jail or prison time.

Misdemeanors are the less serious of the two. They usually come with shorter jail terms and smaller fines. Felonies, on the other hand, are much more serious. Being convicted of a felony could mean years in state prison, large financial penalties, and the permanent loss of certain civil rights.

First Degree Misdemeanor  

Misdemeanors in Ohio are divided into degrees, first through fourth, plus something called a minor misdemeanor. First-degree misdemeanor charges are the most serious level of misdemeanor. If convicted of a first-degree misdemeanor, you could face up to 180 days in jail and fines as high as $1,000.

Examples of crimes that fall into this category include petty theft or simple assault. These aren’t light matters, and while they might not carry the heavy prison time of a felony, they still come with major consequences. 

A conviction can show up on background checks, affect your job opportunities, and stay on your record unless you take legal steps to remove it.

Fourth-degree misdemeanors are the least severe that still carry potential jail time, up to 30 days, and fines up to $250. Below that, you have minor misdemeanors, which don’t include any jail time at all and typically just involve a fine of up to $150. 

Felonies in Ohio 

Felonies are where things get much more serious. Unlike misdemeanors, felony convictions mean state prison, not just jail. Ohio separates felonies into five degrees, with first-degree felonies being the most severe. 

There’s also something called an unclassified felony, which includes the most extreme offenses like murder and aggravated murder. These can result in life imprisonment or even the death penalty in some cases.

A person convicted of a first-degree felony can expect to face three to eleven years behind bars and pay up to $20,000 in fines. Second-degree felonies carry a sentence of two to eight years in prison and up to $15,000 in fines. 

The pattern continues downward: third-degree felonies involve nine months to five years in prison, fourth-degree felonies come with six to 18 months, and fifth-degree felonies involve a sentence ranging from six to twelve months.

All these penalties depend on the specific charge, whether it was violent or non-violent, and if the person has any past criminal history. 

Misdemeanor vs. Felony: What’s the Core Difference?

The true difference between a misdemeanor and a felony lies in how severe the state considers the crime to be. Misdemeanors usually deal with less harmful behavior and come with lighter penalties. Felonies are attached to more harmful, dangerous, or repeated criminal behavior and carry longer prison sentences, larger fines, and more life-altering consequences.

Felony convictions also come with civil penalties that go beyond prison time. For example, someone convicted of a felony in Ohio may lose the right to vote while incarcerated, lose the right to serve on a jury, or become ineligible to hold public office. 

Those rights may or may not be restored after serving the sentence, depending on the type of offense. For some crimes, like official misconduct, the ban from holding public office could be permanent.

Most seriously, convicted felons often lose their right to own or use a firearm, especially if the conviction involved violence or drugs. That right can only be restored by a court. If a person is caught with a firearm before getting that right back legally, they could face additional criminal charges.

How the Law Determines Whether a Crime Is a Misdemeanor or Felony

Some crimes can fall under either category depending on how serious the situation was. For instance, assault can be charged as a misdemeanor or a felony depending on the details, such as whether there was a weapon involved, whether the victim was a child or elderly, whether the attacker had a history of violence, and so on.

The law looks at several things to determine how to classify the crime. This includes whether it was violent, how much harm it caused, whether a weapon was used, how much money was involved (in financial crimes), and whether the person has committed similar offenses before.