I am currently convicted of an m-2 for criminal damaging, no…

Hi, my name is ***** ***** welcome to Just Answer.

It sounds like you're charged with Criminal Damage under Section 2909.06. I don't know the circumstances of your case but if as you say it's a first time ever offense, there is no restitution due (it always helps to pay before you go to court) and you are willing to pay the fines and fees and say you're sorry, you may be allowed to plead to the slightly lesser charge of Criminal Mischief under section 2909.07, which is an m-3 offense with maximum sentence of 60 days/$500, as opposed to 90 days/$750 for the Criminal Damaging charge.

You should understand the court's function here. The “overriding purposes” of misdemeanor sentencing are to (§2929.21(A), 1st sentence):

• Protect the public from future crime by the offender and others; and

• Punish the offender.

Sentences should be (§2929.21(B) & (C)):

• Reasonably calculated to achieve these purposes;

• Commensurate with the offender's conduct and its impact on the victim;

• Consistent with sentences for similar offenses & offenders; &

• Not based on race, ethnicity, gender, or religion.

When considering jail, judges are instructed:

Economy Principle. Before imposing a jail term, the judge is first to consider the appropriateness of community control sanctions (§2929.22(C)).

Longest Term. The longest term is for (§2929.22(C)):

• The worst forms of the offense; or

• Offenders whose conduct or response to prior sanctions indicates a need for a long jail term to protect the public.

If you've already accepted liability, just reiterate it in court, express remorse over your acts, indicate your willingness to make thing right with the victim even though they're lying, (don't say that) and the prosecutor may very well give you the reduced charge. If not, it's unusual to receive jail time for a first offense misdemeanor unless there are some aggravating factors, which I doubt because most aggravating factors would result in a more serious charge.

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