Drug Crime Lawyer in Dayton, Ohio

Experienced Dayton Drug Charge Lawyers to Protect Your Rights

At Gounaris Abboud, we fight for clients charged with all manner of drug crimes. Our experience makes us formidable opponents to the state, and we regularly achieve favorable results for our clients, including charge dismissals, reductions in charges, and acquittals at trial.

If the state has levied drug charges against you, your liberties are in jeopardy. You could see time behind bars and be compelled to pay exorbitant fines. Without a drug crime attorney representing you, you could face the maximum sentence.

Let the capable attorneys at Gounaris Abboud take the reins and use their extensive experience to fight the drug offenses you’re facing. Call to speak with a lawyer today.

What Are Ohio’s Controlled Substance Schedules?

The main federal law for battling controlled substances is the Controlled Substances Act, which schedules different drugs based on their addictive properties, recognized medicinal utility, and potential for abuse.

Ohio also classifies drugs into five distinct schedules. The lower the schedule, the more dangerous the drug.

Schedule I

Schedule I substances are considered the most dangerous drugs in Ohio. They have the highest potential for abuse and addiction, and they serve no medicinal purposes. Drugs in this schedule include heroin, LSD, MDMA, psilocybin, and bath salts.

Schedule II

Schedule II drugs also have a high risk of addiction and abuse, but they may have certain limited medicinal uses. They include cocaine, hydrocodone, oxymorphone, and morphine.

Schedule III

Schedule III drugs have legitimately recognized medicinal applications, although they present a small risk of abuse and addiction. Drugs in this schedule include ketamine, anabolic steroids, lysergic acid, and testosterone.

Schedule IV

The substances in Schedule IV have a lower potential for addiction and abuse and are frequently used to address medical conditions. They include alprazolam (Xanax), barbital, zolpidem (Ambien), and diazepam (Valium).

Schedule V

The drugs found in Schedule V have the lowest potential and incidence rate of abuse out of all the controlled substances. They’re used extensively to treat a wide range of medical conditions and may contain products that use small amounts of narcotics found on lower schedules.

For example, codeine, a Schedule II narcotic, is found in various products that are Schedule V drugs. As long as there are less than 200 milligrams of the drug per 100 milliliters or 100 grams, the product is considered a Schedule V drug.

Types of Drug Charges in Ohio

Ohio’s drug laws allow prosecutors to seek various types of charges depending on the circumstances of a person’s arrest. These are the most common general categories of drug charges our firm sees.

Drug Trafficking

Most trafficking offenses in Ohio are felonies, though there’s one trafficking charge that will net a misdemeanor.

The charges for drug trafficking are as follows:

• Under 200 grams: Fourth-degree felony.
• 200 to 1,000 grams: Fourth-degree felony.
• 1,000 to 5,000 grams: Third-degree felony.
• 5,000 to 20,000 grams: Third-degree felony, with a presumption of prison time.
• 20,000 to 40,000 grams: Second-degree felony, with a mandatory minimum sentence of five years in prison.
• 40,000 grams or more: Second-degree felony, with a mandatory minimum sentence of eight years in prison.

The misdemeanor trafficking charge involves the gifting of 20 grams, which results in a minor misdemeanor for first-time offenders and a third-degree misdemeanor for defendants with past drug abuse convictions.

Drug Manufacturing

As with trafficking, most drug manufacturing charges are felonies.

They include:

• 100 to 200 grams: Fourth-degree misdemeanor.
• 200 to 1,000 grams: Fifth-degree felony.
• 1,000 to 5,000 grams: Third-degree felony.
• 5,000 to 20,000 grams: Third-degree felony, with presumed time in a state penitentiary.
• 20,000 grams or more: Second-degree felony, with a mandatory minimum of eight years in a state penitentiary.

The misdemeanor manufacturing charge is a minor misdemeanor and involves the manufacture of less than 100 grams.

Possession of Controlled Substances

Possession of controlled substance charges are largely felonies.

They include:

• 100 to 200 grams: Fourth-degree misdemeanor.
• 200 to 1,000 grams: Fifth-degree felony.
• 1,000 to 5,000 grams: Third-degree felony.
• 5,000 to 20,000 grams: Third-degree felony, with presumed time in a state penitentiary.
• 20,000 to 40,000 grams: Second-degree felony, with a mandatory minimum of eight years in a state penitentiary.
• 40,000 grams or more: Second-degree felony, with a mandatory minimum sentence of eight years in prison.

Possession of less than 100 grams of a controlled substance is a misdemeanor.

Possession of Drug Abuse Instruments

Possession of drug abuse instruments is a charge that may be classified as a second-degree misdemeanor for first-time offenders or a first-degree misdemeanor if the defendant has a drug abuse conviction on their record.

Penalties for Drug Offences in Dayton, OH

The penalties for drug offenses in Ohio are usually quite steep. However, with a robust defense, your charges could be reduced or even dropped. Generally speaking, the amount of a substance you have on you and your prior criminal record will determine the punishment you’ll face.

The potential penalties for drug crimes in Ohio include:

The penalties listed here represent the maximum punishments for each offense per Ohio law. Actual penalties may vary based on factors like prior criminal history, mitigating circumstances, and the discretion of the court.

It’s important to consult with a qualified criminal defense lawyer at Gounaris Abboud to get a better idea of the potential penalties for the crime you’ve been charged with.

What Are the Collateral Consequences of Drug Crime Convictions in Ohio?

The collateral consequences of drug crime convictions are the non-criminal impacts that convicted offenders face, which are many. Unfortunately, Ohio drug laws are designed to punish not just criminally but also civilly.

Convicted offenders can expect to face many different barriers. With a criminal record reflecting drug abuse, they must deal with restrictions that impact every aspect of their lives, from education and employment to housing and child care.

According to the Ohio Office of Criminal Justice Services, these “sanctions” end up resulting in hundreds of negative collateral consequences and can be classified into five categories:

• Sanctions of civil rights.
• Sanctions in public employment and conducting business with the state.
• Sanctions involving child custody, care, and control.
• Sanctions affecting regulated professions, businesses, and trades.
• Sanctions of other privileges.

More specifically, some direct examples of these sanctions in action include:

• Loss of driving privileges.
• Forced submission to random drug testing.
• Disqualification for jury duty.
• Use of conviction as a basis for divorce.
• Loss of a state professional license.
• Loss or abridgment of parental custody.
• Loss of the right to vote in local, state, and federal elections.
• Loss of benefits from the Ohio Public Employees Retirement System.
• Inability to join the armed forces or the Coast Guard.

If you’re in the United States as a resident but not a citizen, your immigration status may also be impacted. With a drug conviction, you might have trouble acquiring or keeping a green card. You could even be deported after serving time in jail.

How Can I Challenge the Evidence Against Me in a Drug Crime Case?

An arrest is just the beginning of the story. Your defense attorney can raise any number of defenses that may apply to your case.