Attorney Daniel Gigiano Announces Publication of Ohio Criminal Sentencing Laws

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Attorney Daniel Gigiano has announced the publication of a whitepaper he has authored on Ohio criminal sentencing laws. Attorney Gigiano has successfully represented many individuals for criminal defense in traffic, misdemeanor and felony cases in Ohio courts, including those in Medina, Wayne and Summit Counties.

Attorney Daniel Gigiano

Attorney Daniel Gigiano

Intervention in lieu of conviction is a program that allows one charged with a crime to obtain a dismissal at the conclusion of the program.

Ohio sentencing guidelines give Ohio judges a framework for sentencing individuals convicted of crimes in Ohio. The general guidelines are as follows:

  •     Minor misdemeanors do not carry potential jail time.
  •     Fourth degree misdemeanors can result in up to thirty days in jail.
  •     Third degree misdemeanors can result in up to sixty days in jail.
  •     Second degree misdemeanors can result in up to ninety days in jail.
  •     First degree misdemeanors can result in up to one hundred eighty days in jail.
  •     Fifth degree felonies can result in up to twelve months in prison
  •     Fourth degree felonies can result in up to eighteen months in prison.
  •     Third degree felonies can result in up to sixty months in prison.
  •     Second degree felonies can result in up to eight years in prison.
  •     First degree felonies can result in up to eleven years in prison.

The white paper also discusses how misdemeanor and felony sentences must be served at the same time, also called a concurrent sentence. There are exceptions to this rule. One example is the crime of escape, which, when charged as a misdemeanor, can run consecutively with a felony conviction. This means escape can result in additional time after a felony sentence is served.

The white paper also discusses Ohio sentencing hearings and the value of having an experienced criminal defense attorney on your side in such hearings. In such hearings, it is important to highlight a defendant’s positive side, including gainful employment and treatment to address problems that led to the commission of the offense. Having an experienced criminal defense attorney is also important in negotiating agreed sentences in those jurisdictions that permit such negotiations.

The white paper by Attorney Daniel Gigiano also discusses how jail time credit is applied. Periods of confinement can be credited against a sentence for a crime. Examples include time spent in jail and in a community based correctional facility (CSCF). The defendant must have been in custody for the offense to get credit for such time.

About Attorney Daniel Gigiano
Daniel F. Gigiano, Esq. graduated from Loyola University Chicago School of Law and has practiced law since 1993. Attorney Gigiano is the owner of Daniel F. Gigiano Co., L.P.A. located in downtown Wadsworth, Medina County, Ohio.

Attorney Gigiano practices law in the following areas: OVI/DUI, Bankruptcy. Business Law
Civil Litigation, Collections, Criminal Defense, Divorce & Family Law, Estate Planning, Foreclosure Defense, Personal Injury, Probate, and Real Estate.

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Daniel Gigiano
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Daniel F. Gigiano Co LPA
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