Ohio Sentencing Guide

Ohio's sentencing statutes can generally be found in O.R.C. Chapter 2929, although some are found in other areas of the Revised Code. Some statutes specific to sentencing for various topics include, but are not necessarily limited to:

Aggravated Murder:

• O.R.C. 2929.02
• O.R.C. 2929.03

Murder

• O.R.C. 2929.02

Aggravated Vehicular Homicide

• ORC 2929.142

Sexually Violent Predator Sentencing

• O.R.C. Chapter 2971

Other Felonies

The statute that describes the crime also generally provides the degree of the felony. Penalties for crimes differ based on the degree. These are 1st through 5th degrees. A 1st degree felony is the most serious, carrying the highest possible penalties.

Some potentially useful resources for determining what sentencing statutes apply:

• The statute for the crime charged, which may list the degree of the felony.
• Sentencing provisions in the Ohio Revised Code, including but not necessarily limited to:
  • O.R.C. 2929.13 - for sanction imposed by degree of felony,
  • O.R.C. 2929.14 - for possible prison terms,
  • O.R.C. 2929.15 - for community control sanctions,
  • O.R.C. 2929.16 - for community residential sanctions,
  • O.R.C. 2929.17 - for nonresidential sanctions, and
  • O.R.C. 2929.18 - for possible fines.

• Other potentially useful statutes include the following, which provide considerations for the court when sentencing a defendant:
  • O.R.C. 2929.11 - purposes of felony sentencing, and
  • O.R.C. 2929.12 - seriousness of crime and recidivism factors.

Misdemeanors

As with felonies, the criminal statute also provides the degree of the misdemeanor,ranging from 1st through 5th, with 1st degree misdemeanors being the most serious and carrying the highest possible penalties. 

Some potentially useful resources for determining what sentencing statutes apply:

• The statute for the crime charged, which may list the degree.
• Sentencing provisions in the Revised Code, including but not necessarily limited to:
• O.R.C. 2929.22 - for determining appropriate sentences for misdemeanors
• O.R.C. 2929.24 - for potential jail terms
• O.R.C. 2929.25 - for community control sanctions
• O.R.C. 2929.26 - for community residential sanctions
• O.R.C. 2929.27 - for nonresidential sanctions
• O.R.C. 2929.28 - for fines

• Other potentially useful statutes include the following, which provide factors for the court to consider when sentencing a defendant:
• O.R.C. 2929.12 - seriousness of crime and recidivism factors
• O.R.C. 2929.21 - purposes of misdemeanor sentencing

The Ohio Rules of Criminal Procedure provide rules for sentencing at:

Ohio Criminal Rule 32

ORC Chapter 2929 contains multiple other sentencing statutes that apply either generally or in specific circumstances. These include, but are not limited to:

O.R.C. 2929.01 - Penalties and Sentencing General Definitions

O.R.C. 2929.34 - Where imprisonment to be served

O.R.C. 2929.41 - Concurrent and Consecutive Sentences

Fines, fees and costs

O.R.C. 2929.31 - Fines for Organizations by Degree of Offense

O.R.C. 2929.32 - Additional Fines for Certain Offenses

O.R.C. 2929.36 - Confinement Costs Definitions

O.R.C. 2929.37 - Confinement Cost Policy

O.R.C. 2929.38 - Reception and Other Fees

Disclaimer: Hamilton County Law Library staff, as a service to its patrons, provides reference services and information, including these research guides. To protect the public interest, Ohio law requires that legal advice and services be rendered only by qualified attorneys who are subject to the guidelines of the courts. Library staff members do not interpret the law, provide legal advice, or explain court procedures. The information provided is not a substitute for legal advice from a licensed attorney.  None of our services shall be construed as giving legal advice.