Joslyn Law Firm: Criminal Defense Attorney - What Does Aggravated Possession of Drugs Mean in Ohio?
What Does Aggravated Possession of Drugs Mean in Ohio?In Ohio, whether you can be charged with aggravated possession of drugs is based not on a strict definition, but on the type and amount of drug you are charged with possessing. The State of Ohio classifies controlled substances into five schedules.
Possession of any Schedule I or II controlled substance other than marijuana, heroin, cocaine, or LSD constitutes aggravated possession of drugs. Marijuana, heroin, cocaine, and LSD have their own penalties for possession. Ohio considers possession of all Schedule III, IV, and V controlled substances as possession of drugs.
An aggravated possession of drugs charge generally is more severe than an ordinary possession of drugs charge. However, an ordinary possession of drugs charge can also become serious depending on the type and quantity of the drug you possessed.
If you face an aggravated possession of drugs charge, you should contact a Columbus drug charge attorney as soon as possible.
Punishments for Aggravated Possession of DrugsAggravated possession of drugs results in felony charges that carry substantial prison sentences and fines. Aggravated possession of drugs also results in other punishments in addition to prison time and fines.
Prison Time and FinesPrison time and fines are the most severe punishments you can receive for aggravated possession of drugs. However, the degree of the felony charge and the corresponding punishment varies based on the amount of the drug you possessed.
Ohio drug possession laws use benchmark quantities of drugs, called “bulk amounts,” to determine the appropriate penalty for drug possession.
Fifth-degree felonyPossession of less than the bulk amount of a Schedule I or II drug, excluding marijuana, heroin, cocaine, and LSD, is a fifth-degree felony. In Ohio, a fifth-degree felony carries a punishment of six to 12 months in prison and up to a $2,500 fine.
Third-degree felonyPossession of greater than or equal to the bulk amount of a drug, but not exceeding five times the bulk amount, is a third-degree felony. A third-degree felony carries a penalty of one to five years in prison and up to a $10,000 fine.
Second-degree felonyPossession of greater than or equal to five times the bulk amount of a Schedule I or II drug, except for marijuana, heroin, cocaine, and LSD, but less than 50 times the bulk amount constitutes a second-degree felony. A second-degree felony carries a punishment of two to eight years in prison and up to a $15,000 fine.
First-degree felonyPossession of greater than or equal to 50 times the bulk amount but less than 100 times the bulk amount of an applicable Schedule I or II controlled substance is a first-degree felony. A first-degree felony is the most severe form of a felony charge. In Ohio, it carries a punishment of three to 11 years in prison and up to a $20,000 fine.
Possession of greater than or equal to 100 times the bulk amount of an applicable Schedule I or II drug is also a first-degree felony. In Ohio, a person convicted under this rule
is considered a major drug offender in addition to receiving first-degree felony prison time and fines.
If you face any degree of felony aggravated possession of drugs charges in Ohio, you should speak with an experienced Columbus drug charge attorney as soon as possible.
Other PunishmentsCommon punishments you can receive for aggravated possession of drugs in addition to jail time and fines include probation and the suspension of your driver license.
ProbationProbation occurs when a court puts you under supervision for a period of time. A court can sentence you to probation instead of jail time or in addition to jail time. Additionally, people on probation usually must meet certain conditions, such as performing community service or completing a substance abuse treatment program. When convicted of aggravated possession of drugs, probation is usually ordered in addition to jail time and fines.
Suspension of your driver licenseThe State of Ohio can also suspend your driver license if you are convicted of aggravated possession of drugs. You can receive a Class D license suspension, which means that your license is suspended for six months.
Contact Our Drug Charge Attorneys at Joslyn Law FirmIf you face charges for aggravated possession of drugs in Ohio, you should contact our experienced Columbus drug charge attorneys at the Joslyn Law Firm. Our attorneys will attempt to find defenses, exceptions, or mitigating factors to help you potentially reduce or eliminate your drug charges. Whether you can get a felony drug charge reduced to a misdemeanor depends on the circumstances of your case. Nevertheless, we will evaluate your drug charge meticulously and strategize the most effective defense.
By Brian Joslyn
Contact Joslyn Law Firm for legal assistance, questions, or representation:
Joslyn Law Firm
501 S High St
Columbus, OH 43215