Can you get probation for a felony 4 in Ohio?

Asked by: Horacio Fahey  |  Last update: January 8, 2026
Score: 4.9/5 (3 votes)

A felony of the 4th degree in Ohio must be sentenced to probation or 6-18 months in prison and a fine of up to $5,000. There is a presumption in favor of probation for a felony of the 4th degree.

How bad is a felony 4 in Ohio?

Offenders charged with F-4's are subject to up to 18 months of imprisonment, with a minimum sentence of 6 months. Those charged with crime at this level will pay up to $5,000 in fines and spend up to five years on community control. Examples of F-4 violations include safecracking and motor vehicle theft.

Is jail time mandatory for a felony in Ohio?

The mandatory minimum for a first-degree felony is three years in prison, while the minimum for a second-degree felony is two years. Assaults on Peace Officers: Mandatory terms apply for felonious, aggravated, or simple assault when the victim is a peace officer or BCII investigator who suffered serious physical harm.

How much time is a 4th degree felony?

Fourth-degree felonies are the least serious felony offenses and carry up to 18 months' imprisonment and a $5,000 fine. False imprisonment, aggravated assault, and forgery are fourth-degree felonies.

How bad is a class 4 felony?

Although sentencing guidelines will vary by state, the majority of Class 4 felony convictions result in a prison sentence of approximately one to three years. They also can include fines of up to $10,000 or more, depending on the jurisdiction.

Can you just get probation for a felony?

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Can a 4th degree felony be expunged?

California Law

For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.

Can you get probation for a 4th degree felony in Ohio?

A felony of the 4th degree in Ohio must be sentenced to probation or 6-18 months in prison and a fine of up to $5,000. There is a presumption in favor of probation for a felony of the 4th degree.

How to avoid jail time for felony?

5 strategies for lessening or avoiding jail time in felony cases
  1. #1: Negotiating plea bargains. Pleading out can be a strategic move. ...
  2. #2: Rehabilitation and counseling. ...
  3. #3: Character references. ...
  4. #4: Diversion programs. ...
  5. #5: Demonstrating remorse.

What is felony probation in Ohio?

Probation is the formal supervision of individuals who have been convicted of a felony offense or a misdemeanor which has been reduced from a felony offense. The individuals are given community sanctions rather than a prison term.

What percent of your sentence do you serve in Ohio?

Offenders sent to prison will generally serve 80% or more of their sentence, plus several years on PRC (if applicable). The rules on release vary depending on whether an offender is sentenced to a minimum and maximum term (most first- and second-degree felonies) or a set term (all other felonies).

Can a F4 felony be expunged in Ohio?

Felonies are eligible for complete expungement after 10 years. Misdemeanors are eligible for sealing and actual expungement, destroying of the record, after 1 year, 6 months for minor misdemeanors. There is no limit to the number of non-violent F4 and F5 convictions that may be sealed.

Can a mandatory sentence be reduced in Ohio?

Mandatory Minimum Sentences

The judge may still go higher than that minimum, but they cannot go lower.

Which is worse felony 3 or 4?

While it may seem a bit backwards to some people, the lower the degree of an offense (1st Degree, 2nd Degree, or 3rd Degree), the more serious charges. Likewise the higher the degree (4th Degree or 5th Degree) means the offense is of a less serious nature.

Do felonies always serve jail time?

Understanding Felony Sentences in California

These include offenses like grand theft, certain drug offenses, and violent crimes. Traditionally, felonies carry the possibility of a state prison sentence, fines, or both. However, not all felony convictions lead to jail time.

Do you go to jail immediately after sentencing?

If a defendant goes to court on their own, enters a plea of no contest or guilty with the prosecution, and is then given a sentence to jail, then they are going to go to jail immediately almost 100% of the time.

How do you beat a felony charge?

Here are the steps you need to take if you are facing a felony charge in California:
  1. Exercise Your Right to Remain Silent. ...
  2. Remain Calm and Polite. ...
  3. Contact an Attorney Immediately. ...
  4. Know What Felony Offense You are Facing. ...
  5. Do Not Post Bail Without Speaking to an Attorney. ...
  6. Be Honest with Your Attorney.

How to convince a judge to not put you in jail?

Defending the Case

The best way to avoid jail is to avoid a conviction by getting the case dismissed, either by filing motions to suppress or going to trial and getting a not guilty verdict from the jury.

What is the least punishment for a felony?

Most felonies, however, come with determinate sentences and three possible terms judges can choose from (lower, middle and upper). The lowest possible sentencing for a felony is 16 months, two years or three years. But many felonies such as first-degree robbery, carry a sentence of three to nine years.

What are the odds of getting a felony dropped?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too. Of course, there's no way to know for sure. That's why you need to depend on a strong and experienced San Marcos, TX criminal defense attorney.

What is the first time felony offenders program in Ohio?

Ohio's First Offender Program (FOP)

The First Offender Program (FOP) is another diversion option in Ohio for those charged with a misdemeanor like theft offenses and have no prior criminal convictions.

What are the rules of probation in Ohio?

Basic Rules of Probation
  • Obey all laws. You shall refrain from violation of any law (Federal, State, Local). ...
  • Report to Probation. ...
  • Seek/Maintain Gainful Employment. ...
  • Seek Permission to Change Place of Residence. ...
  • Pay Fines. ...
  • Driving Restrictions. ...
  • Abstain from Drugs. ...
  • Office/Phone Visits Only.

Can a felony 4 be expunged in Ohio?

For a 'low-level' felony (fifth-degree felony and fourth-degree felony), an application for record sealing may be filed one year after the 'final discharge' of the case.

Do felony charges ever go away?

Dismissed felony charges can usually be sealed or expunged right away. In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.