Drug crime convictions carry harsh penalties in Ohio. Whether you have been accused of possession, manufacturing, trafficking, or another drug-related offense, your life could be turned upside down if you are found guilty.
Having a knowledgeable and aggressive drug crime lawyer from Dungan & LeFevre could be the edge you need to win.
Contact our office by phone at 1-937-339-0511 or through our online contact form for a confidential consultation today.
Types of Drug Crimes in Troy
There are various types of drug offenses you could be charged with in Ohio under state or federal law. The consequences of a conviction vary based on several factors. The amount of drugs involved, the type of controlled substance, or your criminal background can affect sentencing if you’re convicted.
Drug Possession
According to Ohio Revised Code Section 2925.11, you could be charged with drug possession if you are accused of having a controlled substance on your person or being in control of a controlled substance.
You could face misdemeanor or felony drug possession charges based on the amount of the drug involved.
You could also face aggravated possession charges if you are accused of having a Schedule l or Schedule ll controlled substance.
Drug Manufacturing and Cultivation
Under Ohio Revised Code Section 2925.041, you can face drug manufacturing or cultivation charges if you possess or intend to obtain substances or chemicals that can be used to manufacture Schedule l or Schedule ll controlled substances.
Manufacturing or cultivating drugs are generally felony-level offenses, meaning they potentially have more severe penalties.
Drug Trafficking
Ohio Revised Code Section 2925.03 states that it is against the law for anyone to intentionally or knowingly ship, deliver, sell, transport, distribute, or prepare controlled substances.
You can be charged with federal drug trafficking offenses when you are accused of completing these acts across state borders.
Drug Paraphernalia
Drug paraphernalia charges involve the possession of any product, equipment, or material that is intended to allow for the use of controlled substances.
Examples of paraphernalia include:
- Scales
- Syringes and needles
- Balloons, baggies, or capsules
- Drug testing equipment
- Drug storage containers
- Certain types of chemicals, such as hydrochloride or lactose
- Blenders, spoons, or mixing devices
Federal Drug Crimes
Although drug crimes in general are serious matters, federal prosecution takes things even further. State convictions mean state prisons. In a federal case, you could be sent to federal prisons and suffer stiffer penalties for a conviction, including mandatory minimum sentences.
Typically, federal drug charges are filed in response to large quantities of drugs either in someone’s possession or being trafficked. These charges are tried in federal court, and usually involve agencies at the federal level, like the Drug Enforcement Agency (DEA), or local drug task forces, which are cooperative efforts between federal and state law enforcement officers.
How Controlled Substances are Classified
Under federal law, drugs are categorized into “schedules” based on their medical effectiveness or accepted use, dependency likelihood, or abuse potential.
The Controlled Substances Act established five schedules. Drugs from Schedules I and II can carry more severe penalties than Schedule V drugs.
A drug defense lawyer can examine your case and explain possible sentences for your charges.
Schedule l Controlled Substances
Schedule l controlled substances are not accepted within the medical community. They have a high propensity for addiction and are considered some of the most severe controlled substances. Examples of Schedule l controlled substances include:
- Methaqualone
- Marijuana
- LSD
- Peyote
- Heroin
Schedule ll Controlled Substances
Schedule ll controlled substances have limited medical use. These drugs also have a high propensity for addiction and abuse, with people addicted to them facing severe psychological or physical dependence.
Some examples of Schedule ll controlled substances include:
- Fentanyl
- Cocaine
- Methadone
- Methamphetamines
- Demerol, a.k.a. meperidine
- OxyContin, a.k.a. oxycodone
Schedule lll Controlled Substances
Schedule lll controlled substances have some use within the medical community. There is a moderate risk of addiction and abuse with Schedule lll controlled substances.
Examples of Schedule III drugs include:
- Steroids
- Codeine
- Testosterone
- Ketamine
Schedule IV Controlled Substances
Schedule lV controlled substances are used regularly in the medical community with a prescription. There is a moderate to low risk of addiction or abuse with Schedule Vl controlled substances.
Some Schedule IV drugs include:
- Valium
- Xanax
- Darvon
- Soma
- Darvocet
Schedule V Controlled Substances
Schedule V controlled substances are widely used within the medical community. They can be prescribed or purchased over the counter. There is minimal risk of addiction or abuse with Schedule V controlled substances. Some examples include:
- Motofen
- Robitussin AC
- Lyrica
- Lomotil
What Should I Do if I’m Charged with Drug Offenses?
After being arrested on a suspected drug offense, you may be scared and worried about your next steps.
First and foremost, never resist arrest. You could receive additional criminal charges, hurting your image at trial. Comply with law enforcement, but remember these essential steps.
Exercise Your Right to Remain Silent
While you are being booked or placed in interrogation, exercise your right to remain silent. Police can lie to suspects or attempt to get them to make self-incriminating statements.
Remaining silent is the best way to protect your future. However, notify police that you will be exercising your right to remain silent and will not be answering questions without your drug crime lawyer present.
Contact Your Drug Crime Lawyer in Troy ASAP
As soon as you can make a phone call, do not hesitate to contact your Troy drug crime attorney. We need to start working on your defense as quickly as possible. We can help you arrange bail and start figuring out how to approach your defense strategy so you can put this entire experience behind you.
Drug Crimes Wobbler Offenses in Ohio
Drug offenses are” wobblers.” This means you can be charged with a misdemeanor or a felony under state and/or federal law based on the specific circumstances of your case.
Some factors can tip your charges from misdemeanors to felonies, like:
- Where the drug offense happened — If you were at a public park, in a school zone, or another drug-free area, you could face aggravated drug charges.
- The type of drug — Those drug offenses involving Schedule l and Schedule ll drugs are more likely to be prosecuted at the felony level.
- Your intent — If the police have evidence that you intended to distribute or sell a controlled substance, you will likely be charged with a felony drug crime.
- The amount of the drug — Smaller amounts of drugs carry lower charges than those found in possession of bulk quantities of a controlled substance.
When Will You Be Charged With a Misdemeanor Drug Crime?
You are more likely to be charged with a misdemeanor drug crime when:
- This is your first drug or criminal offense
- No one was injured or killed
- The controlled substance is classified as a Schedule lll, lV, or V drug
- There were only small amounts of controlled substances involved in your case
When Will You Be Charged With a Felony Drug Crime?
You are more likely to be charged with a felony-level drug offense if:
- You are a habitual drug offender or have a criminal record
- There were larger amounts of controlled substances involved in your case
- Someone suffered severe bodily injury or death
- You were within proximity of a drug-free zone, such as a school
- The controlled substance in your case is classified as a Schedule l or ll drug
- You were involved in a drug trafficking conspiracy
A Drug Crime Conviction Could Destroy Your Life
Being convicted of a drug crime could permanently alter the course of your life forever. Not only do you have to deal with the fallout of your sentence, but the impact your conviction will have on your life or employment opportunities after e you have completed your sentence could be substantial.
Ohio Drug Crime Penalties
State Sentencing
Many factors are considered when the judge determines how you should be sentenced after a drug crime conviction. Someone convicted of a minor misdemeanor could expect to pay a $150 fine and serve no jail time. Conversely, someone convicted of a first-degree misdemeanor might be ordered to pay fines up to $1,000 and spend up to 180 days in jail.
Someone who is found guilty of the lowest level felony offense, a fifth-degree felony, may be ordered to pay fines up to $2,500 and spend up to 12 months in an Ohio prison. Someone convicted of a first-degree felony might spend up to 11 years in an Ohio state prison and pay fines not to exceed $20,000.
If you’re charged with multiple drug offenses, the judge could order your sentences to be served consecutively, one after another. Working with a drug crime lawyer could help you avoid that problem.
Federal Sentencing
When you are sentenced in federal court, the judge will review your offense and your criminal history. Sentencing guidelines provide consistent sentences for similar offenses. A federal court is required to analyze your offense in light of the relevant sentencing guidelines when reaching a sentencing determination.
A federal statute trumps the sentencing guidelines. So, if you commit a drug crime and the federal statute includes an express prison term, it will control the length of your sentence even if the application of the sentencing guidelines results in a different prison term.
What Are Collateral Consequences?
The collateral consequences could have a debilitating impact on your life for years to come. Depending on the drug charges, you may not be eligible for expungement. This means your conviction will remain on your criminal record.
Other potential collateral consequences associated with drug crime convictions include the following:
- Inability to hold an elected office
- Loss of firearm rights
- Loss of voting rights
- Restricted child custody rights
- License suspension or revocation
- Professional license suspension
- Job loss
- Damaged reputations
- Trouble finding safe or affordable housing
- Installation of an ignition interlock device (IID)
Meet With a Drug Crime Lawyer in Troy for Help Today
The best way to protect your future and freedom is by getting the drug charges against you dismissed. If you must defend yourself at trial, a respected drug crime lawyer from Dungan & LeFevre can help you craft a compelling defense strategy.
We can investigate the circumstances of your arrest, negotiate with the prosecution, or fight for a lenient plea deal.
Learn more about what is next for your defense when you fill out our confidential contact form or call us at 1-937-339-0511 to schedule your no-obligation consultation today.