As most of us know, the United States Constitution as provided in the 5th and 6th and 14th amendments, guarantees each of us a fair trial. It also mandates that if you are accused of a crime, you are presumed innocent until the charges are proven true. At Clark Law Offices we are very experienced in all avenues of criminal law, whether it be a Felony or Misdemeanor. We have tried hundreds of cases ranging from minor misdemeanors to Felony 1 Murder cases.
At Clark Law Offices we realize that sometimes bad things happen to good people. A criminal arrest carries a stigma that could last a lifetime. The simple accusation of a crime can have a devastating effect on your job, your reputation and your family, notwithstanding fines, incarceration and a permanent criminal record a conviction would bring. With so much at stake, it only makes sense to choose the legal representation that is best able to initiate a thorough investigation of your case and vigorously defend your rights at all levels of local, state and Federal court.
Attorney John K. Clark Jr. provides experienced and aggressive legal representation to individuals and business clients in central and southeastern Ohio facing criminal investigations and felony/misdemeanor charges, including:
- White Collar & Business Crime
- Drug Crimes
- Weapons Charges
- Sex Crimes & Abuse Allegations
- Murder, Homicide and Manslaughter
- Domestic Violence
- Drug Possession & Drug Abuse
- Misc. Traffic
- Post Conviction Motions (eg early judicial release from prison or jail)
- Brief Writing
- Oral Argument
- Prison Issues
THE DIFFERENCES BETWEEN MISDEMEANORS AND FELONIES
While generally both are criminal charges in nature, they differ tremendously. Misdemeanors are crimes that are tried in Misdemeanor Court (eg municipal court).Misdemeanors are punishable by jail, fine, restitution(if applicable) and court costs. Felonies on the other hand are tried in Felony Court (eg.County Court of Common Pleas).Felonies are punishable by prison in a facility with the Ohio Department of Corrections,fine, restitution (if applicable) and court costs.
Misdemeanors are as follows:
- M1 (1st degree misdemeanor) punishable from 0 to 180 days and up to $1000 fine
- M2 punishable from 0 to 90 days and up to $750 fine
- M3 punishable from 0 to 60 days and up to $500 fine
- M4 punishable from 0 to 30 days and up to $250 fine MM (minor misdemeanor) not punishable by jail and up t0 $100 fine
Felonies are as follows:
- F1 (1st degree felony) punishable from 3 to 10 years and up to $20,000 fine
- F2 punishable 2 to 8 years and up to $15,000 fine
- F3 punishable 1 to 5 years and up to $10,000 fine
- F4 punishable 6 to 18 months and up to $5000
- F5 punishable 0 to 12 months $2500
These tables are found in Ohio Revised Code 2929.14 and 2929.18. In addition, to these guidelines Judges are required to review various statutes for guidance as to what sentence to order within the above guidelines. The statutes include ORC 2929.11, the court shall be guided by purposes of felony sentencing; 2929.12, the court shall weigh seriousness and recidivism factors; guidance by degree of felony 2929.13, guidance by degree of felony, includes factors to consider in whether a prison sentence should be enforced or community control (eg probation) should be imposed for varying degrees of offenses; and 2929.14 sets out factors as to whether a maximum or minimum sentence is in order.
Additionally, Courts may impose additional time for use of a firearm, repeat offenders, and if the offender was engaged in corrupt activity.
Individuals and businesses facing the threat of investigation or imminent criminal charges are urged to immediately CONTACT US at Clark Law Offices for a confidential consultation and immediate intervention from our respected law offices.