Prosecuting Attorney
Marion County, Ohio
134 E. Center St.
Marion, Ohio 43302
(740) 223-4290
(740) 223-4299 (fax)

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Criminal Sentencing PDF Print E-mail
After a criminal defendant either pleads guilty or is found guilty at trial, he is sentenced by the judge. In some cases, such as murder, rape, selling large quantities of drugs, or crimes in which the defendant used a gun, the judge is required to impose a prison sentence. In most other cases, the judge has the discretion to either send the defendant to prison or to place him on community control sanctionsAn individual who is convicted of a crime and sentenced to community control sanctions is supervised by a local probation officer and is subject to a number of terms, which may include jail time, a halfway house, treatment, educational requirements, curfew, drug testing, community service, payment of restitution, etc. If a defendant violates the terms of his supervision, he may be sent to prison., which use to be referred to as probation.

The law provides that the primary purposes of felony sentencing are to protect the public and punish the offender. To determine the appropriate sentence, the judge is required to consider the seriousness of the offense, the defendant’s prior record, and other relevant information.

Generally, the prosecutor and defense attorney will recommend sentences to the judge. The Probation Department may provide the judge with a report based on a pre-sentence investigation they conducted regarding the criminal offense and the defendant’s background. The victim of the crime may provide the court with information, either in writing or by speaking at the sentencing hearing. The judge considers all of this information before deciding on the appropriate sentence.

The possible sentences available to the judge also depend on the degree of felony in which the defendant was found guilty. In most cases, first and second degree felonies, such as burglary, robbery, felonious assault, kidnapping, arson, etc., will result in a prison sentence. In most cases, fourth and fifth degree felonies, such as possession of cocaine, theft, receiving stolen property, carrying a concealed weapon, etc., will result in community control sanctions.

If a defendant is sentenced to community control sanctionsPreviously called probation. An individual who is convicted of a crime and sentenced to community control sanctions is supervised by a local probation officer and is subject to a number of terms, which may include jail time, a halfway house, treatment, educational requirements, curfew, drug testing, community service, payment of restitution, etc. If a defendant violates the terms of his supervision, he may be sent to prison. , this does not mean there will not be consequences. Generally, he will still be required to serve a period of time in jail. More significantly, he will be supervised by a probation officer for a period of time, often two years, during which time he will be required to comply with a number of rules. This generally includes complying with the law, obtaining employment, having a curfew, attending drug treatment or other counseling, and regularly meeting with his probation officer. If the defendant violates any of these rules, he may be brought back into court and sentenced to prison.

Some defendants who are placed on community control sanctions are also required to serve a term of four to six months in community-based correctional facility (C.B.C.F.)A lock-down facility where a convicted felony defendants may be required to serve four to six months. The defendant may receive educational, vocational, and/or drug treatment services., while others are required to live in a halfway houseA group living environment in which a defendant on community control sanctions may be required to reside. This allows for closer monitoring, and drug treatment, and other services.. A goal for any defendant on community control sanctions is to help the defendant become a law abiding citizen so that the community may be protected.
 
© 2014 Marion County Prosecutor
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