In Ohio some cases are as low as 18 mths to as high as 5 yrs here is why
Under Ohio's recently overhauled felony sentencing scheme, the state asserts, elements such as the defendant's intent, deliberate infliction of physical harm and other aggravating factors are part of the charge which the state must prove to a jury (or to which the defendant must admit in a plea agreement
) before sentence
is passed. Rather than establishing narrow, fixed sentencing ranges, they note, the Ohio legislature has grouped felonies into five broad categories or degrees, has set a flexible but limited range of potential sentences for each category of offense, and has given judges discretion to impose either the minimum penalty or a more severe sanction within the authorized range if the judge makes specific findings established by the legislature to justify non-minimum, maximum or consecutive sentences.
The state argues that the statutory findings required to impose non-minimum or consecutive sentences under Ohio R.C. 2929.14 are not “findings of fact” like the Blakely finding of “deliberate cruelty,” but are rather judgments involving “sentencing factors” traditionally considered by judges, such as an individual offender's potential danger to the public and likelihood of repeat offenses. They note that these are factors that judges who decide hundreds of criminal
cases each year are well-positioned to consider, but for which few jury members would have any experience on which to base a rational sentencing decision.
Basically its what the judge deems as fair.
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