408.01 PENALTIES FOR MISDEMEANOR.
   Unless otherwise specifically provided:
   (a)    Whoever is convicted of or pleads guilty to a misdemeanor, other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
   (b)    Terms of imprisonment for misdemeanor shall be imposed as follows:
      (1)   For a misdemeanor of the first degree, not more than 180 days;
      (2)    For a misdemeanor of the second degree, not more than 90 days;
      (3)   For a misdemeanor of the third degree, not more than 60 days;
      (4)   For a misdemeanor of the fourth degree, not more than 30 days
   (c)   Fines for misdemeanor shall be imposed as follows:
      (1)    For a misdemeanor of the first degree, not more than one thousand dollars ($1,000.00);
      (2)    For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
      (3)    For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
      (4)    For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).
   (d)    Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred fifty dollars ($150.00).
   (e)   The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by his or her offense. If the court determines that the victim of the offense was sixty-five years of age or older or permanently or totally disabled at the time of the commission of the offense, the court shall, regardless of whether or not the offender knew the age of the victim, consider this fact in favor of imposing restitution, but this fact shall not control the decision of the court.
      (ORC 2929.21)