Felony Drug Offenses In Ohio
A conviction for a felony drug crime has a serious effect on a person’s life. All felony drug offenses in Ohio carry possible prison time, and some have mandatory prison sentences. In addition to the potential prison sentence, these offenses carry a possible driver license suspension for up to five years and a stigma which may last forever. Collateral consequences of a felony drug conviction include effects on professional licensing, employment opportunities, insurance, student financial aid, and firearm ownership. If you have been charged with this type of offense and hope to alleviate or avoid those possible consequences, contact a Columbus drug crime lawyer.
Attorneys For Felony Drug Crimes In Columbus And Central Ohio
The Dominy Law Firm has represented hundreds of clients charged with felony drug offenses since 1997. We practice exclusively criminal defense, and our experience includes defending against charges like drug possession, drug trafficking, cultivation and manufacturing, corrupting another with drugs, permitting drug abuse, distributing steroids, and tampering with drugs. We practice in counties throughout central Ohio, including Franklin County and Delaware County.
Felony Drug Offenses and Sentences In Columbus And Central Ohio
Drug Possession. Ohio law prohibits obtaining, possessing or using a controlled substance. This prohibition applies to prescribed medicines like oxycodone as well as street drugs such as cocaine. The level of the offense and the possible consequences depend on what drug is possessed and the quantity of the drug. For example, possessing less than the bulk amount of oxycodone is a fifth degree felony carrying a maximum of one year in prison, but possessing 51 times the bulk amount is a first degree felony carrying a maximum prison sentence of eleven years. Likewise, possessing less than one gram of heroin is a fifth degree felony, but possessing 51 grams of heroin is a first degree felony. A lawyer familiar with Ohio drug laws can help you understand the various levels of offenses and associated penalties.
Drug Trafficking. Ohio law makes it illegal to sell or offer to sell a controlled substance. This law applies to prescription medications like hydrocodone and street drugs like cocaine. The level of the crime and the possible sentence is dependent on the drug and amount sold or offered for sale. For example, trafficking less than the bulk amount of hydrocodone is a fourth degree felony punishable by up to 18 months in prison, but trafficking 51 times the bulk amount of hydrocodone is a first degree felony punishable by up to eleven years in prison. Similarly, trafficking less than five grams of cocaine is a fifth degree felony punishable by up to one year in prison, but trafficking 28 grams of cocaine is a first degree felony punishable by up to eleven years in prison. An Ohio attorney for drug crimes can help you understand the various levels of offenses and associated penalties.
Drug Cultivation and Manufacturing. Ohio law prohibits cultivating marijuana and manufacturing controlled substances. For more information on cultivation, please see the marijuana offenses page of this website. Manufacturing controlled substances in Ohio may be classified as a second degree felony (up to eight years in prison) or a first degree felony (up to eleven years in prison) depending on the type of drug manufactured and the amount manufactured.
Corrupting Another With Drugs. This offense can be committed in multiple ways, including: (1) cause another person to use a controlled substance by force, stealth or deception; (2) administer a controlled substance to another person and cause serious physical harm; (3) furnish or administer a controlled substance to a juvenile; and (4) use a juvenile as a lookout during the commission of a felony drug offense. Depending on the circumstances, this offense may be classified as low as a fourth degree felony (up to 18 months in prison) or as high as a first degree felony (up to eleven years in prison).
Permitting Drug Abuse. Ohio law makes it illegal for a vehicle owner or operator to permit the vehicle to be used for the commission of a felony drug offense. Ohio law also makes it illegal for the owner or occupant of real estate to permit the real estate to be used for the commission of a felony drug offense. Typically, this offense is a first degree misdemeanor carrying up to six months in jail. However, if the felony drug offense committed is Corrupting Another With Drugs or Drug Trafficking, then Permitting Drug Abuse in Ohio is a fifth degree felony carrying up to one year in prison.
Administering or Distributing Anabolic Steroids. Ohio law prohibits administering and dispensing anabolic steroids which have not received approval for use in humans by the United States Department of Agriculture. A violation of this law is a fourth degree felony that is punishable by a prison sentence up to 18 months.
Tampering With Drugs. Ohio law makes it illegal to adulterate or alter any dangerous drug and prohibits substituting another substance for a dangerous drug. Ohio law also makes it illegal to adulterate a package or receptacle containing a dangerous drug or substitute any package or receptacle containing any dangerous drug with another package ore receptacle. This offense is classified as a third degree felony and is punishable by up to 36 months in prison. If committing this offense results in physical harm to any person, this offense is enhanced to a second degree felony and is punishable by up to eight years in prison.
Additional penalties for certain circumstances. The offense levels and potential sentences for these crimes can be increased in certain circumstances, including prior convictions for drug-related crimes, committing the crime in the vicinity of a school, committing the offense near a juvenile, and being found to be a “Major Drug Offender”.
Disclaimer: The offense levels and potential sentences for misdemeanor drug offenses are somewhat complex. What is presented in this website is an informational summary and is not intended to be a comprehensive reproduction of Ohio misdemeanor drug laws. In addition, the Ohio legislature may change these details at any time. This summary is accurate as of the publication of this website page.
Strategies For Defending Against Felony Drug Charges
When the Dominy Law Firm represents a client charged with felony drug offenses, we take a two-part approach. First, we look into a possible diversion program or Intervention In Lieu of Conviction which may lead to dismissal of the charges. Second, we obtain discovery from the prosecution (the evidence the prosecutor intends to use). We review the discovery with our client, we discuss the strength of the evidence, evaluate potential defenses, and choose our course of action. We review legal and factual issues like search and seizure, admissibility of statements, chain of custody, identification errors, and problems with analysis and measurement. Our course of action is aimed at getting the charges completely dismissed, if possible. If that’s not possible, we seek a favorable plea agreement or have a trial, depending on the circumstances.
Representation For Felony Drug Crimes In Columbus And Central Ohio
Since 1997, the Dominy Law Firm has represented several clients, including many students, charged with felony drug offenses in Franklin County, Delaware County, and other counties throughout central Ohio. Frequently, we can get the charges dismissed or reduced, and we are sometimes able to get the case records sealed. We limit our caseload so we can give each client the attention and service we would want as a client. We charge flat fees for felony drug cases, so you will know the total fee before the beginning of representation, and we accept credit cards. If you would like to discuss your felony drug case, please complete a CONTACT FORM or call us at 614-717-1177 to arrange a free consultation.