Criminal Felony Attorney Ronald Wittel in Columbus Ohio
Types of Felonies
F1:1st Degree Felony: Punishable 3 to 10 years in jail & up to $20,000 fine.
F2: 2nd Degree Felony: Punishable 2 to 8 years in jail & up to $15,000 fine.
F3: 3rd Degree Felony: Punishable 1 to 5 years in jail & up to $10,000 fine.
F4: 4th Degree Felony: Punishable 6 months to 18 months in jail & up to $5,000 fine.
F5: 5th Degree Felony: Punishable 6 months to 12 months in jail & up to $2,500 fine. Murder has its own unique set of penalties.
There are various categories of criminal misdemeanor and criminal felony. The person that is charged with a criminal felony is called a defendant, and the prosecutor represents the state or county.
The criminal prosecutor makes the decision to dispose of a felony case by a plea bargain, dismissal, acquittal, or a criminal felony conviction. The various stages of criminal procedure with a felony are Preliminary Hearing, Arraignment, Grand Jury, Indictment, Pretrial, Scheduling Conference, Trial, and Sentencing.
After a person is charged with a crime, a felony Arraignment is set for the initial pleading of a crime. The criminal felony defendant has the following possible pleadings:
Guilty: Pleading guilty to the charges requires the judge to explain the circumstances of the offense, and after hearing the explanation of circumstances, together with any statement of the accused, the court or magistrate will Proceed to Pronounce the Sentence or shall continue the matter for the purpose of imposing the sentence.
No Contest: stipulates the judge or magistrate may make a finding of guilty or not guilty from the explanation of the circumstances of the offense. However, this should not be construed as an admission of any fact at issue in the criminal charge in any subsequent civil or criminal action or proceeding
Not Guilty: Upon a plea of not guilty or a plea of once in jeopardy, if the charge is a misdemeanor, the court shall proceed to set the matter for trial at a future time.
Once in Jeopardy: which includes the defenses of a former conviction or former acquittal.
If a criminal felony defendant pleads not guilty, they may have a trial by the judge or a trial by jury (except minor misdemeanors where a trial by judge is required). In addition, Bail is set at arraignment with a Bail Hearing. The criminal felony defendant has the right to have a trial heard within a certain time limitation, unless the defendant voluntarily waives those time limitations.
Defendant's Right to Speedy Trial
As a criminal felony defendant, you have a right to a speedy trial under the Sixth Amendment of the United States Constitution which requires that the felony trial be held within a certain time frame after a person has been charged with a felony crime. This right to speedy trial can be waived by asking for additional time for the preparation of your criminal felony defense. With limited exceptions, a criminal defendant should be brought to trial in Ohio within the following time frames:
- 275 days after arrest if the charge is a criminal felony.
Beyond a Reasonable Doubt
You have a right to a trial where the criminal prosecutor must prove their felony case Beyond a Reasonable Doubt. Every criminal felony case has its own unique set of circumstances, and the strength or weakness of a criminal felony case depends on the specific facts and how those facts apply to the specific criminal law. Take the time to speak with a felony attorney to evaluate your criminal case.