When a person is accused of committing a crime, the types of penalties they face depend on various factors. In addition to the crime itself, the prosecuting attorney will examine your case to look at the circumstances under which the act was committed. The prosecutor will consider when and where the crime took place, who was involved, how many victims, the victim’s ages, and if and how the victims were injured.
The presence of any crimes at the scene of the incident will have a major impact in determining the degree of the crime as well as your prior criminal record. When crimes are determined, they generally fall under one of two classifications. Title 29 of the Ohio Revised Code states that crimes can either be a misdemeanor or a felony.
Under Ohio law, misdemeanor charges are generally considered lesser offenses where there are no actual victims. Some examples are traffic offenses for speeding, DUI, or possession of a small amount of drugs. Misdemeanors can be classified under various degrees, each carrying their own set of possible penalties.
- A misdemeanor of the first degree carries a maximum sentence of six months in jail and fines up to $1000
- A misdemeanor of the second degree carries a maximum sentence of ninety days in jail and fines up to $750
- A misdemeanor of the third degree carries a maximum sentence of sixty days in jail and fines up to $500
- A misdemeanor of the fourth degree carries a maximum sentence of thirty days in jail and fines up to $250
Under Ohio law, felony charges are filed against offenders who commit more serious crimes. Some examples are robbery, drug manufacturing, or murder. Similar to misdemeanors, a felony can be classified under various degrees, each carrying their own set of possible penalties.
- Felony of the first-degree carries a minimum sentence of three to ten years in prison and fines up to $20,000
- Felony of the second-degree carries a minimum sentence of two to eight years in prison and fines up to $15,000
- Felony of the third-degree carries a minimum sentence of one and five years in prison and fines up to $10,000
- Felony of the fourth-degree carries a minimum sentence of six to eighteen months in jail and fines up to $5,000
- Felony of the fifth-degree carries a minimum sentence of six to twelve months in jail and fines up to $2,500
In criminal charges, it is not uncommon for an offender to be accused of several different charges with numerous sentences. If convicted, a judge will determine whether the sentences are carried out concurrently or consecutively.
In concurrent sentencing, the judge will order all crime sentences to run at the same time. For example, if a person is charged with two second-degree felonies facing two years each in prison, the judge can allow the offender to serve both two-year sentences as the same time and be released from prison in two years.
In consecutive sentencing, the judge will order all crime sentences to run one after the other. For example, if a person is charged with two second-degree felonies facing two years each in prison, the judge can allow the offender to serve one sentence following the other, for a total of four years in prison.
Having to spend time in jail and endless amounts of financial resources on fines can have a drastic impact on a person’s life. At Mastandrea Law, we work diligently toward obtaining the lowest possible sentence for every client.
Mastandrea Law places a great emphasis on representing clients through DUI/OVI charges. This type of offense can have a very serious impact on a person’s life and career. A conviction for driving under the influence can result in a suspended license, making it difficult to make it through your daily routine. Individuals charged with driving under the influence under Ohio law face various charges depending on how many times they have been arrested for it.
First-Time Offender: Individuals arrested for DUI for the first time face some of the most lenient charges for DUI convictions. These offenders may be sent to jail for 3-days to 6-months, depending on the circumstances of their case.
Offenders found guilty face up to $1,000 in fines, may be required to take 3-days of DUI classes, and they risk having their driver’s license suspended for a period of 6-months to 3-years, depending on their blood alcohol concentration level at the time of the arrest. If a person has a BAC of .17 or above, the jail sentence is increased to a minimum of six days.
Second-Time Offenders: Offenders arrested for their second DUI face a minimum of 10-days in jail. Offenders found guilty face fines up to $1,500, and offenders can be placed on house arrest for a period of 18-days to 6-months. Offenders who are found guilty can have their driver’s license suspended for up to 5-years depending on their blood alcohol concentration level at the time of their arrest. Additionally, drivers with a blood alcohol concentration level of .17 or above face a minimum of 20-days in jail.
Third-Time Offenders: Offenders arrested for their third OVI or DUI face up to a year in jail. Offenders found guilty can have up to $1,500 in fines, and their driver’s license can be suspended for up to 10-years. If a person has a blood alcohol concentration level of .17 or above, they face a minimum of 60-days in jail.
Fourth-Time Offenders: Offenders found guilty of their fourth DUI in Ohio faces felony criminal charges. Felony charges bring forth much harsher punishments. These penalties include fines up to $10,000, a year in jail, and they will be required to forfeit their vehicle and enter into alcohol treatment. Offenders who are found guilty also face the possibility of permanent driver’s license suspensions.
The more times an offender is arrested for driving under the influence, the more severe the penalties are that they face. Judges tend to be more lenient to offenders facing their first DUI/OVI charge than they are toward repeat offenders.
No matter what DUI charge you are facing; it is imperative that you hire a reputable DUI attorney in Cleveland to fight for your legal rights in the court of law. Attorney Rod Mastandrea prides himself on his proven record of helping DUI/OVI clients minimize their sentences and penalties whenever possible.
Mastandrea Law has an exceptional record of obtaining the best results imaginable for our clients. Mastandrea Law is honored to be recognized as a top Avvo rated attorney in Cleveland for criminal defense and sex crimes in Cleveland, Ohio. Our featured rating and top customer reviews show that we work tenaciously to ensure all of our clients receive the results they deserve.
Mastandrea Law is a firm you can trust to pursue the best possible outcome for your criminal or DUI/OVI case. Before starting his career, Attorney Rod Mastandrea was a staff attorney at the Cuyahoga County Public Defender’s Office. Since starting his practice, he has chosen to focus the entirety of his career on criminal defense.
With over a decade of experience, clients can rest assured knowing their cases are going to be handled aggressively.
If you were arrested for a criminal charge, Mastandrea Law could start helping you in just one phone call. Attorney Rod Mastandrea applies his extensive knowledge and experience to every case, ensuring clients receive adequate and aggressive representation every step of the way.
We place great emphasis on protecting each client’s rights while strategizing a legal defense that ensures the best possible outcome for every case. Some of the exceptional services Mastandrea Law offers clients are:
- Arranging bond hearings and working to have each client released on bail
- Requesting preliminary hearings so a judge can make a quick ruling on the validity of your charges
- Review any and all of the prosecutor’s evidence against you in order to develop a strong defense
- Conduct our own investigations of the crime by analyzing charges and uncovering critical evidence to prove your innocence and defend any evidence that is presented against you
- Gather evidence from the scene, gather witness statements, and hire experts to recreate the scene of the crime when necessary
- File all pre-trial motions and requests, and arrange negotiation conferences with the prosecutor
- Argue for a dismissal of all charges or work toward a reduction in charges and penalties for each client
- Select a fair and adequate jury for the trial
- Argue your case at trial, present every piece of evidence available to support the client’s case while disputing evidence that is presented against the offender
- Argue down any sentence in order to avoid jail time and limit the amount of fines clients are required to pay
- File motions to overturn verdicts and move forward with appeals when necessary
When someone is facing criminal law matters, it is important to have an advocate on their side. Mastandrea Law makes sure every client’s best interest is protected with no questions asked. We represent clients as if they were members of our own family. Mastandrea Law fights diligently to get clients the results they expect and deserve.
Unfortunately, even stand-up citizens can find themselves facing serious criminal charges. You may have been falsely accused, acted out in self-defense, or you may have unknowingly involved yourself in criminal activities with others. You may have just found yourself in the wrong place at the wrong time.
No matter what you are charged with, Mastandrea Law understands that these situations can occur to anyone at any time. It is extremely common for innocent people to be falsely accused of crimes. Mastandrea Law acts as a legal advocate on behalf of every single client. We work to protect clients’ legal rights by providing the aggressive representation that is required when they are facing these serious charges.
Mastandrea Law represents residents of the city of Cleveland and throughout the state of Ohio with cases involving:
- DUI / OVI
- Drug crimes
- Domestic Violence
- Violent Crimes
- Theft Crimes
- Weapons Crimes
- Internet Sex Crimes
- Gross Sexual Imposition (GSI)
- Sexual Assault
- Statutory Rape
- Student Crimes
- Felony Charges
- Misdemeanor Charges
- Traffic Violations
Mastandrea Law will do everything in our power to help sway the outcome of your case in your favor.
As soon as you learn that you are facing criminal charges, make Mastandrea Law your first call. We will begin working immediately to build a solid defense for your case. Choosing Mastandrea Law to represent you in Cleveland you will get a free phone consultation and a first-rate legal counsel for your case. With over 10-years of legal experience, Mastandrea Law will work diligently to build an ironclad defense for you every time for every crime. Contact Mastandrea Law at (216) 773-1909 today for exceptional criminal defense representation.
Rod walked through a very challenging situation with us and a close family member. Not only was he an expert in the law and the ins and outs of the court system, but he kept us proactively informed during the whole process. Very accessible.
I valued Rod’s counsel. He did not hesitate to give us a realistic perspective. He did not tell us what we wanted to hear, but what we needed to hear.
As a consultant myself, I understand the discomfort associated with “billing by the hour.” Rod’s billing was fair, accurate and clear. I never at anytime felt he was “churning” the hours to generate more revenue. He was respectful of our time and dollars.
I hope to never need his services again, but If I do – He will by my first call.
Rod did a great job with my case. The outcome was worth every penny and Rod had all best interests at heart. Even after the case is over he still is making sure everything is good to go!
Rod did amazing on my case!! Took the stress of being from out of town right out. Always kept me informed & kept working the case till he got me what I wanted out of my charge. Couldn’t be happier with him.
Rod was incredible. Very quick follow up and communication throughout the process for a traffic ticket with great results. Highly recommend Mastandrea Law!
On behalf of Mastandrea Law posted in Criminal Defense on Friday, March 17, 2017. Many students across Ohio were enjoying a week off for spring break this week; others have vacation scheduled for the... read more
On behalf of Mastandrea Law posted in DUI/OVI on Friday, March 10, 2017. You’re in college, and you like to go out and have some fun with your friends. Who doesn’t? You’re seniors, after... read more
On behalf of Mastandrea Law posted in Criminal Defense on Tuesday, March 7, 2017. When people think about juvenile crimes or offenders, they often imagine unruly teens who might be skipping class, drinking or... read more
On behalf of Mastandrea Law posted in Sex Crimes on Tuesday, February 28, 2017. If you are accused of a sexually based offense in Ohio, you are likely already aware of how quickly your... read more