Ohio Revised Code

Ohio Rev. Code § 2945.17 (2026)

Right to jury trial

✓ current as of May 2026
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(A) At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a jury.

(B) The right to be tried by a jury that is granted under division (A) of this section does not apply to a violation of a statute or ordinance that is any of the following:

(1) A violation that is a minor misdemeanor;

(2) A violation for which the potential penalty does not include the possibility of a prison term or jail term and for which the possible fine does not exceed one thousand dollars.

(C) Division (A) of this section does not apply to, and there is no right to a jury trial for, a person who is the subject of a complaint filed under section 2151.27 of the Revised Code against both a child and the parent, guardian, or other person having care of the child.

Notes of Decisions
Cited in 63 cases (21 in the last 5 years), 1955–2026 · leading case: State v. Deacey, 2017 Ohio 8102 (Ohio Ct. App. 2017).
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State v. Deacey, 2017 Ohio 8102 (Ohio Ct. App. 2017). · cites it 3× “”` {¶ 114} R.C. 2945.17(A) does state that “[a]t any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a…”
State v. Fish, 661 N.E.2d 788 (Ohio Ct. App. 1995). “Clearly, appellant possessed a right to a jury trial under Section 10, Article I of the Ohio Constitution and also under R.C. 2945.17. In a “serious” offense case, the right to a jury is automatic, requiring no act by the defendant to demand it, and requiring an affirmative…”
City of Cleveland v. Krebs, 2018 Ohio 746 (Ohio Ct. App. 2018). · cites it 4× “R.C. 2945.17(B)(1). {¶19} Once a defendant has invoked his or her right to a jury trial on applicable petty offenses, R.”
Smith v. Anderson, 104 F. Supp. 2d 773 (S.D. Ohio 2000). · cites it 2× “Claim 1 Is Procedurally Defaulted In his first claim for relief, Petitioner alleges that, due to his low Intelligent Quotient Scoring of 70 (hereinafter, “IQ”), he was not capable of making a knowing, intelligent, and voluntary waiver of his right to a trial by jury as…”
City of Mentor v. Giordano, 224 N.E.2d 343 (Ohio 1967). · cites it 2× “The record shows that defendant by his counsel orally requested a jury trial on the very day of his actual, trial — the date last set for such trial. Under the Sixth Amendment to the Constitution of the United States and by Section 5, Article I of the Constitution of Ohio, trial…”
State v. Howell, 2017 Ohio 7182 (Ohio Ct. App. 2017). · cites it 2× “3 OHIO FIRST DISTRICT COURT OF APPEALS {¶10} Howell was charged with OVI in violation of R.C. 4511.19(A)(1)(a). As a first-degree misdemeanor punishable by not more than 180 days’ imprisonment, the charged violation was a petty offense.”
State v. Wilson, 2019 Ohio 2965 (Ohio Ct. App. 2019). · cites it 2× “This offense is a first degree misdemeanor and punishable by a maximum one-thousand dollar fine and a maximum six month term of imprisonment.”
Schorle v. City of Greenhills, 524 F. Supp. 821 (S.D. Ohio 1981). · cites it 2× “Section 2945.17, Ohio Rev.Code. As stated in the complaint, plaintiff was charged with violation of an ordinance providing a maximum penalty of six months’ imprisonment and a $500 fine.”
State v. Harris, 596 N.E.2d 563 (Ohio Ct. App. 1991). “” Similarly, R.C. 2945.17 provides that: “At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except in cases in which the penalty involved does not exceed a fine of one hundred dollars, the accused has…”
Cleveland Hts. v. Brisbane, 2016 Ohio 4564 (Ohio Ct. App. 2016). “R.C. 2945.17 provides for the right to a jury trial where a defendant may be subjected to a prison or jail term for other than a minor misdemeanor.”
State v. Morant, 2021 Ohio 3160 (Ohio Ct. App. 2021). “05 (jury waiver), R.C. 2945.17(A) (right to be tried by jury), R.”
State v. Collins, 616 N.E.2d 224 (Ohio 1993). “R.C. 2945.17. Moreover, a prosecution for a minor misdemeanor must be brought within six months (as opposed to two years for a misdemeanor and six years for a felony).”
Show all 63 citing cases →
— Ohio Rev. Code § 2945.17(A) — 7 cases
State v. Deacey, 2017 Ohio 8102 (Ohio Ct. App. 2017). “”` {¶ 114} R.C. 2945.17(A) does state that “[a]t any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a…”
State v. Morant, 2021 Ohio 3160 (Ohio Ct. App. 2021). “05 (jury waiver), R.C. 2945.17(A) (right to be tried by jury), R.”
State v. Wilcoxson, 2021 Ohio 4339 (Ohio Ct. App. 2021).
State v. Cunningham, 2025 Ohio 1068 (Ohio Ct. App. 2025).
Columbus v. Davis, 2021 Ohio 2114 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2945.17(B) — 2 cases
State v. Deacey, 2017 Ohio 8102 (Ohio Ct. App. 2017). “”` {¶ 114} R.C. 2945.17(A) does state that “[a]t any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a…”
State v. Frye, 2021 Ohio 598 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2945.17(B)(1) — 5 cases
City of Cleveland v. Krebs, 2018 Ohio 746 (Ohio Ct. App. 2018). “R.C. 2945.17(B)(1). {¶19} Once a defendant has invoked his or her right to a jury trial on applicable petty offenses, R.”
City of Akron v. Lewis, 903 N.E.2d 352 (Ohio Ct. App. 2008).
State v. Jackson, 2018 Ohio 19 (Ohio Ct. App. 2018).
State v. Glaspy, 2023 Ohio 1073 (Ohio Ct. App. 2023).
Grove City v. Ricker, 2014 Ohio 1808 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2945.17(B)(2) — 2 cases
State v. Howell, 2017 Ohio 7182 (Ohio Ct. App. 2017). “3 OHIO FIRST DISTRICT COURT OF APPEALS {¶10} Howell was charged with OVI in violation of R.C. 4511.19(A)(1)(a). As a first-degree misdemeanor punishable by not more than 180 days’ imprisonment, the charged violation was a petty offense.”
State v. Wood, 2024 Ohio 5597 (Ohio Ct. App. 2024).
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