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CHAPTER 1
General Criminal Law

Ohio is a code law state, meaning Ohio does not have common-law criminal offenses. In order for conduct to be criminal, the conduct must be prohibited by some section of the Ohio Revised Code (ORC). Unfortunately, there are several linear yards of shelf space taken up by the Ohio Revised Code.

For the most part, when something is referred to as “criminal”, what is meant is that the conduct is prohibited someplace within Title 29 of the Ohio Revised Code. However, criminal charges are contained throughout the Revised Code.

Most traffic offenses generally are not considered criminal, and most of these traffic offenses are set forth in Title 45 of the Revised Code. Ohio's body of criminal law can be categorized broadly in two categories: whether the offense is a misdemeanor or a felony.

Felony offenses are the most severe, punishable by higher fines, actual time in prison (compared to county jail for misdemeanors) and loss of civil rights. Convicted felons cannot own or posses firearms unless a court has restored them to their civil rights. However, as will be discussed in Chapter 2, the Ohio gun owner needs to be aware that not just felony convictions will disqualify a citizen from owning a firearm and/or getting a concealed carry license. Some misdemeanors may also disqualify a citizen from owning a firearm.

Misdemeanors, or petty offenses, are punishable by fines and county jail time. The total possible penalty exposure for misdemeanors is lower than for felonies, and misdemeanors typically do not disqualify a citizen from firearm ownership. By way of illustration, the following chart illustrates the typical punishment ranges and the differences in penalties: