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Misdemeanors vs. Felonies

Introduction

Not all criminal charges carry the same weight.

One of the first questions in any case is whether a charge is classified as a misdemeanor or a felony. That distinction affects potential penalties, court procedure, long-term consequences, and defense strategy from the very beginning.

Understanding the difference helps explain why some cases resolve quickly while others carry lasting impact.

What a Misdemeanor Is

A misdemeanor is generally considered a less serious criminal offense.

In Ohio, misdemeanors are typically punishable by shorter jail terms, lower fines, and less severe collateral consequences than felonies. They are divided into degrees, with higher-degree misdemeanors carrying greater potential penalties.

Despite being labeled “less serious,” misdemeanor convictions can still result in jail time, probation, license suspensions, and permanent criminal records.

What a Felony Is

A felony is a more serious criminal offense.

Felonies carry greater potential penalties, including longer incarceration, higher fines, and more restrictive post-conviction conditions. Like misdemeanors, felonies are classified by degree, with higher-degree felonies carrying more severe exposure.

Felony cases often involve more complex procedures, longer timelines, and higher stakes at every stage.

How Charges Are Classified

The classification of a charge is determined by statute.

Ohio law assigns each offense a level based on the conduct alleged, the circumstances involved, and sometimes the person’s prior record. In some cases, the same conduct can be charged as either a misdemeanor or a felony depending on factors such as value, injury, or prior convictions.

This classification decision often becomes a central focus of early defense review.

Differences in Procedure and Impact

Misdemeanor and felony cases often proceed differently.

Felony cases may involve grand jury indictments, additional pretrial steps, and longer discovery periods. They also tend to carry more significant long-term consequences related to employment, housing, and civil rights.

Misdemeanor cases may move faster, but they should not be treated casually. The consequences can still be substantial, particularly when probation or license issues are involved.

How the Classification Affects Defense Strategy

The level of the charge influences how a case is approached.

Felony cases often require more extensive motion practice, deeper investigation, and long-term strategic planning. Misdemeanor cases may focus on efficiency, early resolution, or targeted legal challenges.

In both contexts, accurate classification and early analysis matter.

These strategic considerations are part of the broader Criminal Defense Overview.

Common Examples

Some offenses are almost always misdemeanors. Others are almost always felonies. Many fall in between.

For example, OVI/DUI offenses can be misdemeanors or felonies depending on prior history and circumstances. Theft offenses may be classified based on the value of property involved. Assault-related charges may escalate based on injury or relationship status.

These categories are explored further on the Common Charges page.

Practical Takeaway

Misdemeanors and felonies are not just labels.

They determine exposure, procedure, and long-term impact. Even lower-level charges can carry serious consequences, and higher-level charges demand careful, early attention.

Understanding the difference helps explain why criminal defense strategy depends so heavily on how a charge is classified from the start.