Unless a particular Ohio criminal law allows for a specific sentence, each degree of misdemeanor offense has a maximum penalty associated with it. 1  First-degree misdemeanor: up to 180 days in jail. 2  Second-degree misdemeanor: up to 90 days in jail.3  Third-degree misdemeanor: up to 60 days in jail.nless a particular Ohio criminal law allows for a specific sentence, each degree of misdemeanor offense has a maximum penalty associated with it. 1  First-degree misdemeanor: up to 180 days in jail. 2  Second-degree misdemeanor: up to 90 days in jail.