Legal Question in Criminal Law in Ohio

first degree misdemeanor

which is worse, first degree or fifth degree


Asked on 1/05/09, 10:03 am

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: first degree misdemeanor

In Ohio, offenses are divided into two broad categories: felonies and misdemeanors. Within each category there are sub-categories.

For felony offenses, the sub-categories range from a first degree felony (F-1) to a fifth degree felony (F-5). First degree felonies are the most serious, and include crimes like murder, rape and aggravated robbery. Fifth degree felonies are the least serious, and inlcude crimes like theft over $500.00 but less than $5,000.00.

Misdemeanor offenses are also divided into sub-categories that range from a first degree misdemeanor (M-1) to fourth degree misdemeanors, then to a minor misdemeanor (MM). First degree misdemeanors are the most serious, and include crimes like vehicular homicide, theft, assault and drunk driving. Fourth degree misdemeanors are the least serious misdemeanors for which a jail sentence may be imposed, and include offenses like persistent disorderly conduct. A minor misdemeanor is an offense for which only a fine may be imposed -- no jail time is possible -- and includes things like a simple traffic violation.

There is no such thing as a fifth degree misdemeanor in Ohio.

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Answered on 1/05/09, 11:26 am


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