Charges and sentences
Felony and misdemeanor classes in Ohio
Ohio grades felonies from first degree (F1, most serious) to fifth degree (F5), and misdemeanors from first degree (M1) to fourth degree (M4), plus minor misdemeanors. Ohio calls drunk driving OVI, for operating a vehicle under the influence.1
Checked October 29, 2026 against Ohio's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Ohio, any offense the law specifically classifies as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor, whatever the penalty. If an offense has no classification, it is a felony when more than one year in prison may be imposed and a misdemeanor when no more than one year may be imposed. Aggravated murder and murder are felonies.1
- Felony theft starts at
- $1,000How theft is graded
- When a OVI is a felony
- A fourth-degree felony if the person has three or four earlier OVI convictions within 10 years, five or more within 20 years, or an earlier conviction on a repeat-OVI specification (R.C. 2941.1413). A third-degree felony if the person has an earlier OVI conviction that was a felony.2
Felony degrees in Ohio
From most to least serious: of the first degree (F1), of the second degree (F2), of the third degree (F3), of the fourth degree (F4), of the fifth degree (F5). The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Felony of the first degree (F1) | Indefinite term: a minimum of 3 to 11 years, and a maximum equal to the minimum plus 50 percent (for offenses on or after March 22, 2019)For offenses before March 22, 2019, the term is a fixed 3 to 11 years. Some offenses carry other terms. | Up to $20,000 | Ohio Rev. Code §§ 2929.14(A)(1), 2929.144(B)(1), 2929.18(A)(3)(a)6 |
| Felony of the second degree (F2) | Indefinite term: a minimum of 2 to 8 years, and a maximum equal to the minimum plus 50 percent (for offenses on or after March 22, 2019)For offenses before March 22, 2019, the term is a fixed 2 to 8 years. Some offenses carry other terms. | Up to $15,000 | Ohio Rev. Code §§ 2929.14(A)(2), 2929.144(B)(1), 2929.18(A)(3)(b)6 |
| Felony of the third degree (F3) | 9 to 36 monthsFor certain listed offenses, including some OVI, sexual, and repeat burglary or robbery cases, the term is 12 to 60 months. | Up to $10,000 | Ohio Rev. Code §§ 2929.14(A)(3)(b), 2929.18(A)(3)(c)6 |
| Felony of the fourth degree (F4) | 6 to 18 months | Up to $5,000 | Ohio Rev. Code §§ 2929.14(A)(4), 2929.18(A)(3)(d)6 |
| Felony of the fifth degree (F5) | 6 to 12 months | Up to $2,500 | Ohio Rev. Code §§ 2929.14(A)(5), 2929.18(A)(3)(e)6 |
Misdemeanor classes in Ohio
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor of the first degree (M1) | Up to 180 days | Up to $1,000 | Ohio Rev. Code §§ 2929.24(A)(1), 2929.28(A)(2)(a)(i)7 |
| Misdemeanor of the second degree (M2) | Up to 90 days | Up to $750 | Ohio Rev. Code §§ 2929.24(A)(2), 2929.28(A)(2)(a)(ii)7 |
| Misdemeanor of the third degree (M3) | Up to 60 days | Up to $500 | Ohio Rev. Code §§ 2929.24(A)(3), 2929.28(A)(2)(a)(iii)7 |
| Misdemeanor of the fourth degree (M4) | Up to 30 days | Up to $250 | Ohio Rev. Code §§ 2929.24(A)(4), 2929.28(A)(2)(a)(iv)7 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Minor misdemeanor | Fine of up to $150The court can also order community service instead of or in addition to a financial sanction, and court costs are added. Section 2929.24, which sets jail terms, lists only first- through fourth-degree misdemeanors. | Ohio Rev. Code § 2929.28(A)(2)(a)(v)8 |
Good to know
For first- and second-degree felonies committed on or after March 22, 2019, the judge picks a minimum term and the maximum is that minimum plus 50 percent. Earlier offenses get a fixed term.3
Ohio's felony fines are set by degree in section 2929.18, and its misdemeanor jail terms and fines in sections 2929.24 and 2929.28.4
When theft is a felony in Ohio
In Ohio, theft of property or services worth $1,000 or more is a felony of the fifth degree. It becomes a fourth-degree felony at $7,500 and a third-degree felony at $150,000, with higher degrees above that. Theft under $1,000 is usually a misdemeanor of the first degree. It is a felony at any value if the person has a felony theft conviction or guilty plea within the previous three years, if the victim is elderly, disabled, an active-duty service member or a service member's spouse, or if the property is a firearm, a motor vehicle, a dangerous drug or another item the law lists.5
Ohio Rev. Code § 2913.02(B)(2) to (B)(6) · Felony theft amounts in every state
OVI in Ohio
Ohio calls it operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them (OVI).
- Repeat offenses
- A fourth-degree felony if the person has three or four earlier OVI convictions within 10 years, five or more within 20 years, or an earlier conviction on a repeat-OVI specification (R.C. 2941.1413). A third-degree felony if the person has an earlier OVI conviction that was a felony.
- Which past offenses count
- 10 years for three or four earlier convictions; 20 years for five or more; no time limit for an earlier felony OVI.
- Other felony versions
- Aggravated vehicular homicide, causing a death as the proximate result of an OVI, is a second-degree felony with a mandatory prison term. It is a first-degree felony in listed cases, such as driving under suspension, driving without a valid license, or an OVI or traffic-related homicide, manslaughter or assault conviction in the previous 20 years (R.C. 2903.06). Aggravated vehicular assault, causing serious physical harm as the proximate result of an OVI, is a third-degree felony, or a second-degree felony in listed cases, such as driving under suspension or certain earlier convictions (R.C. 2903.08).
Ohio Rev. Code § 4511.19(G)(1)(d), (G)(1)(e)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Ohio?
In Ohio, any offense the law specifically classifies as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor, whatever the penalty. If an offense has no classification, it is a felony when more than one year in prison may be imposed and a misdemeanor when no more than one year may be imposed. Aggravated murder and murder are felonies.
What is a felony of the first degree (F1) in Ohio?
In Ohio, the prison range for a felony of the first degree (F1) is indefinite term: a minimum of 3 to 11 years, and a maximum equal to the minimum plus 50 percent (for offenses on or after March 22, 2019), and the fine is up to $20,000. For offenses before March 22, 2019, the term is a fixed 3 to 11 years. Some offenses carry other terms.
What is a felony of the second degree (F2) in Ohio?
In Ohio, the prison range for a felony of the second degree (F2) is indefinite term: a minimum of 2 to 8 years, and a maximum equal to the minimum plus 50 percent (for offenses on or after March 22, 2019), and the fine is up to $15,000. For offenses before March 22, 2019, the term is a fixed 2 to 8 years. Some offenses carry other terms.
What is a felony of the third degree (F3) in Ohio?
In Ohio, the prison range for a felony of the third degree (F3) is 9 to 36 months, and the fine is up to $10,000. For certain listed offenses, including some OVI, sexual, and repeat burglary or robbery cases, the term is 12 to 60 months.
What is a felony of the fourth degree (F4) in Ohio?
In Ohio, the prison range for a felony of the fourth degree (F4) is 6 to 18 months, and the fine is up to $5,000.
What is a felony of the fifth degree (F5) in Ohio?
In Ohio, the prison range for a felony of the fifth degree (F5) is 6 to 12 months, and the fine is up to $2,500.
What is a misdemeanor of the first degree (M1) in Ohio?
In Ohio, the jail range for a misdemeanor of the first degree (M1) is up to 180 days, and the fine is up to $1,000.
What is a misdemeanor of the second degree (M2) in Ohio?
In Ohio, the jail range for a misdemeanor of the second degree (M2) is up to 90 days, and the fine is up to $750.
What is a misdemeanor of the third degree (M3) in Ohio?
In Ohio, the jail range for a misdemeanor of the third degree (M3) is up to 60 days, and the fine is up to $500.
What is a misdemeanor of the fourth degree (M4) in Ohio?
In Ohio, the jail range for a misdemeanor of the fourth degree (M4) is up to 30 days, and the fine is up to $250.
How much theft is a felony in Ohio?
In Ohio, theft of property or services worth $1,000 or more is a felony of the fifth degree. It becomes a fourth-degree felony at $7,500 and a third-degree felony at $150,000, with higher degrees above that. Theft under $1,000 is usually a misdemeanor of the first degree. It is a felony at any value if the person has a felony theft conviction or guilty plea within the previous three years, if the victim is elderly, disabled, an active-duty service member or a service member's spouse, or if the property is a firearm, a motor vehicle, a dangerous drug or another item the law lists.
Is an OVI a felony in Ohio?
A fourth-degree felony if the person has three or four earlier OVI convictions within 10 years, five or more within 20 years, or an earlier conviction on a repeat-OVI specification (R.C. 2941.1413). A third-degree felony if the person has an earlier OVI conviction that was a felony. Aggravated vehicular homicide, causing a death as the proximate result of an OVI, is a second-degree felony with a mandatory prison term. It is a first-degree felony in listed cases, such as driving under suspension, driving without a valid license, or an OVI or traffic-related homicide, manslaughter or assault conviction in the previous 20 years (R.C. 2903.06). Aggravated vehicular assault, causing serious physical harm as the proximate result of an OVI, is a third-degree felony, or a second-degree felony in listed cases, such as driving under suspension or certain earlier convictions (R.C. 2903.08).
These are the general ranges in Ohio's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Ohio" https://secondchanceindex.com/felony-classes/ohio, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- Ohio Rev. Code § 2901.02(C), (D), (E), (F)
- Ohio Rev. Code § 4511.19(G)(1)(d), (G)(1)(e)
- Ohio Rev. Code §§ 2929.14(A), 2929.144(B)(1)
- Ohio Rev. Code §§ 2929.18, 2929.24, 2929.28
- Ohio Rev. Code § 2913.02(B)(2) to (B)(6)
- Ohio Revised Code § 2929.14 Definite prison termsOhio Legislative Service Commission (codes.ohio.gov)
- Ohio Revised Code § 2929.24 Jail terms for misdemeanorsOhio Legislative Service Commission (codes.ohio.gov)
- Ohio Revised Code § 2929.28 Financial sanctions for misdemeanorsOhio Legislative Service Commission (codes.ohio.gov)
- Ohio Revised Code § 2903.06 Aggravated vehicular homicide and vehicular homicideOhio Legislative Service Commission (codes.ohio.gov)
- Ohio Revised Code § 2903.08 Aggravated vehicular assault and vehicular assaultOhio Legislative Service Commission (codes.ohio.gov)