Ohio — Statute

Mandatory Additional Prison Term for Felony Ovi Violation Precluded Unless Charging Instrument Specifies Prior Convictions | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law ORC 2941.1413 requires prior convictions be specified in charges to impose mandatory additional prison time for certain felonies.

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Mandatory Additional Prison Term for Felony Ovi Violation Precluded Unless Charging Instrument Specifies Prior Convictions

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law ORC 2941.1413 specifies that an additional mandatory prison term for certain felony violations can only be imposed if the charging document explicitly states that the offender has prior convictions of five or more equivalent offenses within twenty years. The law emphasizes the importance of clear documentation of prior convictions to trigger the additional sentence. It also defines 'equivalent offense' as per Ohio Revised Code section 4511.181.

Frequently Asked Questions

When can Ohio impose an additional prison term for a felony violation?

An additional prison term can only be imposed if the indictment or charging document specifies that the offender has five or more prior equivalent convictions within twenty years.

What must be included in the charging document to impose the mandatory sentence?

The charging document must explicitly state that the offender, within twenty years, has been convicted of or pleaded guilty to five or more equivalent offenses, using the specified form.

What is considered an 'equivalent offense' under Ohio law?

An 'equivalent offense' is defined as per Ohio Revised Code section 4511.181 and generally refers to offenses with similar legal characteristics or penalties.

Does this law apply to all felony violations in Ohio?

No, it applies specifically to felony violations under division (A) of section 4511.19, and the mandatory additional prison term is only imposed if prior convictions are properly specified in the charging document.

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In simple terms: Ohio law ORC 2941.1413 requires prior convictions be specified in charges to impose mandatory additional prison time for certain felonies.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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