Some crimes in Ohio carry the possibility of a mandatory sentence. If you are facing a criminal charge, you should be familiar with the mandatory sentencing requirements. It is better to understand mandatory minimum sentencing than to be caught off guard later.
A Cincinnati criminal defense attorney can explain whether or not you will receive a mandatory sentence if convicted. They can vigorously fight to get the charge dismissed or reduced to one without a mandatory sentence.
What Is a Mandatory Minimum Sentence?
A mandatory minimum sentence is a criminal sentence that is mandatory for anyone convicted of a particular crime. In mandatory sentencing cases, the judge must give a particular sentence if the defendant is convicted. The judge has no discretion to give a lesser or greater sentence depending on mitigating or aggravating circumstances.
Mandatory minimum sentences are popular across the United States. The purpose is to deter people from committing certain serious crimes and to ensure that judges are not going easy on people convicted of certain crimes. There are questions about the efficacy of mandatory minimum sentencing, but for now, it still exists in Ohio.
What Crimes Have Mandatory Minimum Sentences in Ohio?
The General Assembly has decided that the following felonies will have mandatory minimum sentences in Ohio. These crimes include:
- Murder and aggravated murder
- Assault on a police officer
- Assault on pregnant women
- Certain repeat violent offenders
- Certain sex offenses like rape or sexually violent predator offenses
- Drug trafficking
- Corrupt activity
- Human trafficking
- Felony domestic violence
- Illegal conveyance
The exact mandatory sentence will vary depending on the crime.
What Is the Alternative To Mandatory Minimum Sentences?
Most defendants who are convicted of a crime will not receive a mandatory minimum sentence. Instead, they will undergo the traditional sentencing process in Ohio. After conviction, the judge will look at the sentencing range for the crime. Then the judge will consider the sentencing guidelines to decide what sentence is appropriate for the defendant.
The sentencing ranges in Ohio depend on how the charge is categorized. They are:
- Felony 1: 3-11 years in prison
- Felony 2: 2-8 years in prison
- Felony 3: 9 months – 3 years in prison
- Felony 4: 6 months – 18 months in prison
- Felony 5: 6 months – 12 months in prison
- Misdemeanor 1: up to 180 days in jail
- Misdemeanor 2: up to 90 days in jail
- Misdemeanor 3: up to 60 days in jail
- Misdemeanor 4: up to 30 days in jail
Unlike with mandatory sentencing, the judge has the discretion to choose a sentence within the range. To make that decision the judge will rely on sentencing guidelines. The sentencing guidelines are prepared recommendations made to the judge. The guidelines are non-binding.
Mitigating or Aggravating Factors
Sentencing guidelines take into consideration mitigating and aggravating factors that could influence the sentencing process. For example, if a defendant has a prior criminal record or a substance abuse issue.
Examples of mitigating or aggravating factors are:
- Prior criminal record, or lack thereof
- Provocation or inducement to commit the offense
- Mental health or substance abuse issues
- Past abuse or bad upbringing
- Remorse
- Likelihood of recidivism
- Severity of injuries on the victim, or lack of injuries
A judge traditionally has the opportunity to consider the whole picture, even evidence that wasn’t admitted at trial, when deciding a sentence. This process gives the defense attorney a chance to argue for a lenient sentence. In mandatory sentencing cases, the defendant doesn’t have that opportunity.
What Is the Difference Between a Mandatory Sentence, a Definite Prison Term, and an Indefinite Prison Term?
Ohio sentencing law can be confusing because there are also sentences called definite and indefinite prison terms. A definite prison term is when the judge imposes a definite sentence. The defendant is set to serve an exact amount of time in jail and knows when they will be released. This sentence applies regardless of the defendant’s behavior while in prison.
On the other hand, an indefinite prison term has a range instead of a set amount of time. A judge can decide whether or not to release the defendant based on their behavior during incarceration.
For example, if they have shown that they are rehabilitated, they may be released on the lower end of the range. If they get into trouble while in prison or are still a threat to society at the time that the lower end of the range comes up, they can have their sentence extended.
Indefinite sentencing is a controversial practice. It only applies to the most serious felonies classified as first or second-degree. While the judge has discretion, unlike mandatory minimum sentences, the defendant will not know when they are going to be released.
Learn More About Mandatory Sentencing From a Criminal Defense Attorney
To learn more about mandatory sentencing in Cincinnati, Ohio, get in touch with a Cincinnati criminal defense lawyer. A knowledgeable attorney can review your case, explain how mandatory sentencing laws may apply, and explore all possible defense strategies to minimize penalties. Don’t face the complexities of Ohio’s sentencing laws alone—seek legal guidance to ensure your rights and future are safeguarded.
