Robbery penalties in Ohio depend on how the offense is classified under Revised Code 2911.02. A second-degree felony robbery carries an indefinite prison term with a minimum of two to eight years and a maximum that runs 50% longer than the minimum chosen. A third-degree felony robbery carries a definite term of up to 36 months, or up to 60 months if you have qualifying prior convictions. Fines reach $15,000, restitution to the victim is mandatory, and every conviction includes a required period of post-release control after prison.
Second-Degree or Third-Degree: What Pushes a Charge Up
The felony level is locked in by which part of the statute you are convicted under, and judges have no discretion to move between them.1Ohio Legislative Service Commission. Ohio Revised Code 2911 – Section 2911.02
- Second-degree felony: a deadly weapon was on your person or under your control during the theft or flight, or you caused, tried to cause, or threatened physical harm to another person.
- Third-degree felony: you used or threatened the immediate use of force, but no deadly weapon was present and no physical harm was involved.
The jury’s finding on which division applies determines the degree. A sympathetic defendant convicted under (A)(1) is still facing a second-degree felony.
Prison Time for a Second-Degree Robbery
Second-degree robbery falls under Ohio’s indefinite sentencing scheme, often called the Reagan Tokes Law. The judge picks a minimum prison term from a fixed menu: two, three, four, five, six, seven, or eight years.2Ohio Legislative Service Commission. Ohio Revised Code 2929.14 – Definite Prison Terms The maximum is then calculated automatically at the minimum plus 50% of the minimum.3The Ohio Criminal Sentencing Commission. SB 201 Quick Reference Guide
So a four-year minimum means a six-year maximum. An eight-year minimum means a twelve-year maximum. Whether you serve beyond the minimum is up to the Ohio Department of Rehabilitation and Correction, which looks at your conduct in prison. Complete the minimum without serious disciplinary issues and release generally follows. Rack up violations and the department can hold you to the maximum.
Prison Time for a Third-Degree Robbery
Third-degree robbery carries a definite sentence with a fixed end date. For a standard conviction, the judge selects from nine, twelve, eighteen, twenty-four, thirty, or thirty-six months.2Ohio Legislative Service Commission. Ohio Revised Code 2929.14 – Definite Prison Terms
Prior convictions change the math considerably. If you have two or more prior convictions in separate cases for aggravated robbery, robbery, aggravated burglary, or burglary, the court instead chooses from twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty-four, or sixty months.2Ohio Legislative Service Commission. Ohio Revised Code 2929.14 – Definite Prison Terms Five years for a third-degree felony is a sharp jump from the standard range and often surprises defendants whose prior cases felt like old history.
Firearm Specifications Stack on Top
If a firearm was involved, Ohio adds mandatory consecutive prison time to the robbery sentence through separately charged “firearm specifications.” That time runs before the robbery sentence starts, not alongside it.2Ohio Legislative Service Commission. Ohio Revised Code 2929.14 – Definite Prison Terms
- One year of mandatory prison for having a firearm during the offense.
- Three years of mandatory prison for displaying, brandishing, indicating possession of, or using the firearm during the offense.
- Six years of mandatory prison for an automatic firearm or one equipped with a suppressor.
A four-year minimum on the robbery with a three-year brandishing specification means at least seven years before release becomes possible. Firearm-specification time is not reduced by early release, and it does not feed into the Reagan Tokes maximum calculation. Repeat firearm-specification offenders face still longer mandatory terms.
Fines and Restitution
The maximum fine depends on the felony degree.4Ohio Legislative Service Commission. Ohio Revised Code 2929.18 – Financial Sanctions, Felony
- Second-degree felony: up to $15,000.
- Third-degree felony: up to $10,000.
Court costs are assessed separately against convicted defendants and are on top of any fine.
Restitution to the victim is mandatory. The sentencing court must order the full amount of the victim’s actual economic loss, which can include the value of stolen property, medical bills from injuries, and repair costs.4Ohio Legislative Service Commission. Ohio Revised Code 2929.18 – Financial Sanctions, Felony Restitution cannot exceed the direct loss from the robbery. If the defendant, victim, or prosecutor disputes the amount, the court holds a hearing and decides by a preponderance of the evidence. Anything paid as restitution is credited against a later civil judgment, so you do not pay twice for the same loss.
Mandatory Post-Release Control
Every robbery conviction includes supervised release after prison. Because robbery is classified as an offense of violence, this post-release control is mandatory at both felony levels.
- Second-degree robbery: eighteen months to three years of mandatory post-release control.5Ohio Legislative Service Commission. Ohio Revised Code 2967 – Section 2967.28
- Third-degree robbery: one to three years of mandatory post-release control, because robbery qualifies as a third-degree violent offense.5Ohio Legislative Service Commission. Ohio Revised Code 2967 – Section 2967.28
The parole board sets the conditions, which typically include regular check-ins, travel restrictions, and no-contact orders. Each violation can send you back to prison for up to nine months.
How This Compares to Aggravated Robbery
Robbery under 2911.02 and aggravated robbery under 2911.01 are different offenses with different ceilings, and it is worth knowing where the line sits.6Ohio Legislative Service Commission. Ohio Revised Code 2911.01 – Aggravated Robbery Aggravated robbery is a first-degree felony with a minimum prison term starting at three years and running up to eleven, compared to two to eight years for second-degree robbery. The elements that push a case into aggravated territory are displaying or using a deadly weapon (not just having one), causing or attempting serious physical harm (not just any physical harm), or having dangerous ordnance during the theft. If the evidence on weapon display or injury severity is ambiguous, keeping the charge at 2911.02 is often the practical defense goal.