A felony is defined as:
A felony conviction can carry with it substantial fines, jail sentences, and lifelong consequences. Felonies are ranked from least serious (5th degree felony) to most serious (1st degree felony).
When a person is suspected of a felony they are entitled to indictment by a grand jury.
If you or a loved one has been charged with a felony, NOW is the time to start your defense. There are various rights that may be lost if not asserted in a timely manner.
COMMON FELONY CHARGES:
Ohio imposes mandatory prison terms for a number of felonies such as:
What does a judge consider during felony sentencing?
The court must weigh the following factors, if present, as well as any other relevant factors.
OFFENDER’S CONDUCT MORE SERIOUS [§2929.12(B)]
OFFENDER’S CONDUCT LESS SERIOUS [§2929.12(C)]
OFFENDER’S RECIDIVISM MORE LIKELY [§2929.12(D)]
OFFENDER’S RECIDIVISM LESS LIKELY [§2929.12(E)]
The court (judge) will weigh the factors found under “Offender’s conduct more serious” with the factors found under “Offender’s conduct less serious” and “Offender’s recidivism more likely” with “Offender’s recidivism less likely” and accordingly make an appropriate sentence determination.
Below are answers to common questions people have after being charged with a felony in Zanesville, Ohio.
What Happens During a Felony Arrest in Zanesville, Ohio?
Ohio law requires that felony arrests in Zanesville proceed along certain steps. Here’s what you can expect throughout the process.
The Initial Arrest
Police can arrest a suspect when they have probable cause that a serious crime has been committed and the suspect is responsible for it. An officer can’t merely arrest someone on the assumption that they’ve done something wrong. Rather, probable cause only exists when the officer’s knowledge would lead a reasonable person to conclude that the suspect has committed a crime.
When arresting a suspect, police should detain and handcuff the individual and inform them that they are under arrest. Police may also conduct a search of that person. Despite a popular misconception, police do not have to read the suspect their Miranda rights at the moment of arrest unless they plan on interrogating the suspect.
Booking at Muskingum County Jail
Next, police will transport the suspect to Muskingum County Jail, where they will take the suspect’s information, photograph and fingerprint them, run a background check, and inventory the personal property they have on them. The suspect can make one phone call, which many people use to reach out for legal guidance. The suspect may be held in jail until a judge determines bond.
Bond and Arraignment
Within a short time—typically by the next business day—the suspect will be taken to the Muskingum County Courthouse for their initial court appearance, called an arraignment. There, a judge will present the suspect with the felony charges against them and explain their rights. The suspect will enter a plea of guilty, not guilty, or no contest. If the suspect pleads not guilty, the judge will then decide whether to set bail or bond and any conditions for release; otherwise, the judge will render a sentence. If bond is denied, the suspect must remain in jail until trial.
What Typically Happens After Someone Is Charged with a Felony in Zanesville?
If you have been charged with a felony, the situation can quickly become overwhelming. A felony charge often brings multiple stressful hearings and interactions with the prosecution, and one wrong move can seriously affect how a case unfolds. These cases may involve plea negotiations, challenges to probable cause or evidence, or preparation for trial, depending on the circumstances, and can affect whether charges move forward. If a case proceeds to trial, outcomes often depend on how clearly the facts and legal arguments are presented. Having both personal support and the kind of high-quality defense you might associate with bigger cities can make a difficult situation more manageable.
What Are Some Common Defense Strategies for Felony Charges in Zanesville?
Several defense strategies may be available, depending on the specific nature of the allegations. For example, one possible approach involves examining whether a search or arrest complied with constitutional requirements. Did police have probable cause? Did they conduct a search that violated your Fourth Amendment rights? If so, the case against you could fall apart.
Another common defense for felony charges is to establish an alibi. In some cases, an alibi may be relevant if evidence shows the accused was in a different location at the time of the alleged offense.
If your attorney can show that you were in another place at the time the alleged crime occurred, I can prove that you were not the person who committed it.
Some felony crimes require an element of intent. For example, let’s say you’ve been charged with felony theft. Did you actually mean to take someone else’s property knowing that it wasn’t yours, or did you take it accidentally and without intending to do so? If the latter, then you likely did not act with the level of intent required for conviction.
Again, the specific strategy that could prove most effective will depend on the unique facts of your case. You can trust that I will thoroughly investigate what happened and then tailor a defense strategy to those circumstances.
Even when you think the police have caught you “red-handed” a felony charge can be thrown out through the suppression of the evidence. This simply means…that the police did not do their job correctly and thus any evidence that was illegally obtained is not permitted to be used against you. For example, evidence that is obtained in violation of your Fourth or Fifth Amendment rights.
Evidence that may be thrown out:
1. Illegal police searches of a home or vehicle
2. Illegal police lineups for identification
3. Responses to illegal questioning conducted by the police