Criminal Misdemeanor
With criminal misdemeanor charges, you have more options than you think. As a Columbus Ohio experienced criminal misdemeanor defense attorney, I pay close attention to the details, anticipate problems, and solve them before they become an issue. I fight hard for the results that you depend on.
Types of Misdemeanors
A Criminal Misdemeanor is generally punishable up to 1 year in jail and/or court costs and fines. In Ohio, a criminal misdemeanor is categorized as follows:
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M1: 1st Degree Criminal Misdemeanor: Punishable up to 6 months in jail & up to $1,000 fine.
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M2: 2nd Degree Criminal Misdemeanor:Punishable up to 90 days in jail & up to $750 fine.
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M3: 3rd Degree Criminal Misdemeanor: Punishable up to 60 days in jail & up to $500 fine.
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M4: 4th Degree Criminal Misdemeanor: Punishable up to 30 days in jail & up to $250 fine.
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MM: Criminal Minor Misdemeanor: Punishable up to No Days in jail & up to $150 fine.
Misdemeanor Process
When a person faces criminal misdemeanor charges, they can be charged with various categories of Criminal Misdemeanor or Felony. The person that is charged with a crime is called a Defendant, and the Criminal Prosecutor represents the state or county. The criminal prosecutor makes the decision to dispose of a case by a plea bargain, dismissal, acquittal, or a criminal conviction. The various stages of criminal procedure with criminal misdemeanor are Arraignment, Pretrial, and Trial.
Arraignment
After a person is charged with a crime, a Criminal Misdemeanor Arraignment is set for the initial pleading of a crime. The criminal misdemeanor defendant has the following possible pleadings:
- Guilty: Pleading guilty to the charges requires the judge to explain the circumstances of the offense, and after hearing the explanation of circumstances, together with any statement of the accused, the court or magistrate will proceed to pronounce the sentence or shall continue the matter for the purpose of imposing the sentence.
- No Contest: stipulates the judge or magistrate may make a finding of guilty or not guilty from the explanation of the circumstances of the offense. However, this should not be construed as an admission of any fact at issue in the criminal charge in any subsequent civil or criminal action or proceeding
- Not Guilty: Upon a plea of not guilty or a plea of once in jeopardy, if the charge is a misdemeanor, the court shall proceed to set the matter for trial at a future time .
- Once in Jeopardy: which includes the defenses of former conviction or former acquittal.
If a criminal misdemeanor defendant pleads not guilty, they may have a trial by the judge or a trial by jury (except minor misdemeanors where a trial by judge is required). In addition, Bail is set at arraignment with a Bail Hearing. The criminal misdemeanor defendant has the right to have a trial heard within a certain time limitation, unless the defendant voluntarily waives those time limitations.
Defendant's Right to Speedy Trial
You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, requiring that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense. With limited exceptions, a criminal misdemeanor defendant should be brought to trial in Ohio within the following time frames:
- 30 days if the charge is pending in a court not of record or in a court of record if the charge is a minor misdemeanor
- 45 days if the charge is a misdemeanor of the third or fourth degree, or any other misdemeanor for which the maximum penalty is imprisonment of no more than 60 days
- 90 days if the charge is a misdemeanor of the first or second degree, or any other misdemeanor for which the maximum penalty is imprisonment for more than 60 days
- 275 days after arrest if the charge is a felony.
Beyond a Reasonable Doubt
You have a right to a trial where the criminal prosecutor must prove their case Beyond a Reasonable Doubt. Every criminal misdemeanor case has its own unique set of circumstances, and the strength or weakness of a criminal misdemeanor case depends on the specific facts and how those facts apply to the specific criminal law. Take the time to speak with an attorney to evaluate your criminal misdemeanor case.
List of Misdemeanor(s)
Criminal Assault Misdemeanor Crime(s):
Kidnapping & Extortion Misdemeanor Crime(s):
Sex Offenses Misdemeanor Crime(s):
- Solicitation,
- Prostitution,
- Soliciting,
- Sexual Imposition,
- Public Indecency,
- Voyeurism,
- Procuring,
- Loitering to Engage in Solicitation
- Disseminating Matter That is Harmful to Juveniles,
- Displaying Matter That is Harmful to Juveniles,
- Deception to Obtain Matter Harmful to Juveniles,
- Unlawful Sexual Conduct With a Minor,
- Permitting Unlawful Operation of Viewing Booths Depicting Sexual Conduct,
- Permitting juvenile on premises of adult entertainment establishment,
- Illegally operating sexually oriented business
Arson & Vandalism Misdemeanor Crime(s):
- Arson,
- Criminal Damaging or Endangering,
- Criminal Mischief,
- Endangering aircraft or airport operations,
- Vehicular Vandalism,
- Railroad Vandalism,
- Railroad grade crossing device vandalism.
Trespass Misdemeanor Crime(s):
Theft & Fraud Crime(s):- Theft,
- Passing Bad Checks (PBC),
- Unauthorized Use of Property (UUP),
- Receiving Stolen Property (RSP),
- Unauthorized Use of a Vehicle,
- Motion picture piracy,
- Misuse of Credit Cards,
- Simulation,
- Making or using slugs,
- Trademark Counterfeiting,
- Medicaid Fraud,
- Medicaid Eligibility Fraud,
- Tampering with Records,
- Securing Writings by Deception,
- Personating an Officer,
- Defrauding Creditors,
- Insurance fraud,
- Workers' Compensation Fraud.
Gambling Misdemeanor Crime(s):
- Gambling,
- Operating a Gambling House,
- Public Gaming,
- Cheating - Corrupting Sports,
- Skill-Based Amusement Machine Prohibited Conduct,
- Illegally Operating as Distributor of Bingo Supplies,
- Illegally Operating as Manufacturer of Bingo Supplies,
- Illegally Conducting a Bingo Game,
- Illegal Conduct of Raffle,
- Conducting Instant Bingo.
- Disorderly Conduct (DC),
- Inciting to Violence,
- Riot,
- Failure to Disperse,
- Disturbing a Lawful Meeting,
- Criminal Misconduct at Emergency,
- Telecommunications harassment,
- Inducing Panic,
- Making False Alarms,
- Live Entertainment Performance Violations,
- Misconduct Involving Public Transportation System.
Criminal Offenses Against the Family:
- Domestic Violence (DV) (Domestic Violence: Bail) (Domestic Violence: Protection Order),
- Child Endangerment,
- Interference with Custody,
- Interfering with Action to Issue or Modify Support Order,
- Parental Education Neglect,
- Contributing to Unruliness or Delinquency of a Child,
- Bigamy,
- Unlawful Abortion,
- Unlawful Abortion upon Minor,
- Abortion Trafficking,
- Failure to Perform Viability Testing,
- Nonsupport or Contributing to Nonsupport of Dependents,
- Misrepresentation Relating to Provision of Child Care,
- Disclosure and notice regarding death or injury of child in facility.
Criminal Offenses Against the Justice of The Peace:
- Falsification,
- Resisting Arrest (RA),
- Obstructing Justice,
- Obstructing Official Business,
- Escape,
- Intimidation of attorney, victim or witness in criminal case,
- Filing a False Report of Child Abuse or Neglect,
- Making False Allegation of Peace Officer Misconduct,
- Compounding a Crime,
- Failure to Report a Crime or Knowledge of a Death or Burn Injury,
- Failure to Aid a Law Enforcement Officer,
- Disclosure of Confidential Information,
- Failure to Disclose Personal Information,
- Assaulting or Harassing Police Dog or Horse or Service Dog,
- Failure to comply With Order or Signal of Police Officer,
- Illegal Conveyance of Prohibited Items into a Detention Facility,
- Having an Unlawful Interest in a Public Contract,
- Soliciting or Accepting Improper Compensation,
- Dereliction of Duty,
- Interfering with Civil Rights,
- Impersonating a Peace Officer or Private Police Officer,
- Using Sham Legal Process.
Criminal Conspiracy, Attempt, Complicity, Weapons Control, & Corrupt Activity:
- Conspiracy,
- Attempt,
- Complicity,
- Carrying Concealed Weapons (CCW),
- Possessing criminal tools,
- Possession of Deadly Weapon or of Object Indistinguishable From Firearm in School Safety Zone,
- Possessing a Revoked or Suspended Concealed Handgun License,
- Using Weapons While Intoxicated,
- Improperly Handling Firearms in a Motor Vehicle,
- Firearm Discharge on or Near Prohibited Premises,
- Failure to Secure Dangerous Ordinance,
- Unlawful Transaction in Weapons,
- Possessing a Defaced Firearm.
- Drug Paraphernalia,
- Illegal Manufacture of Drugs - Illegal Cultivation of Marihuana,
- Possession of Controlled Substances,
- Possessing Drug Abuse Instruments,
- Permitting Drug Abuse,
- Abusing Harmful Intoxicants,
- Possessing Nitrous Oxide in Motor Vehicles,
- Unlawful Purchase of Pseudoephedrine Product,
- Unlawful Sale of Pseudoephedrine Product.
Miscellaneous Criminal Offenses:
- Illegal Distribution or Permitting Children to Use Cigarettes,
- Injure, intimidate, or interfere with fair housing rights,
- Desecration,
- Ethnic Intimidation,
- Report Escape of Dangerous Animals,
- Illegal Bail Bond Agent Practices.
Motor Vehicles Crimes:
- Financial Responsibility Act (FRA) Suspension,
- Falsification (Insurance),
- License Suspension upon Failure to Request Hearing or Deposit Security,
- Termination of Suspension,
Driver's License Suspension Crimes:
- Driving Under Suspension (DUS),
- No Valid Operators License (No Ops),
- Failure to Reinstate License,
- Failure to Appear or to Pay Fine,
- Driving Under a Reckless Ops Suspension,
- Driving Under FRA suspension,
- Driving Under OVI Suspension,
- Additional Sentencing for Similar Drug or OVI Offenses,
- Additional Sanctions for Similar DUS Offenses,
- Immobilization or Disabling Device Violation,
- Driving Under Specified Lifetime Suspension,
- Motion for Modification or Termination of Criminal Suspension.
DUS Additional Information:
- (BMV Points on Various Offenses),
- (Suspension Classes),
- Granting Limited Driving Privileges),
- Restrictions on granting limited driving privileges),
- (Conditions for reinstatement of driving privileges),
- (Defenses to Driving Under Suspension),
- (Remedial Driving Course),
- (Reinstatement Fees).
In my free initial consultation, I assess what is going on with a client and determine if I can help them with their criminal misdemeanor case. My misdemeanor fees are based on the complexity of the case, but I try to competitively price my misdemeanor fees in a reasonable, affordable, and efficient way. Please call me to set up a free initial consultation to learn more about misdemeanor crimes at:
(614) 445-3000
I look forward to hearing from you.
