Our experienced Dayton drug possession attorney puts up a robust defense against drug charges and fights tirelessly for the most optimal outcome for our clients.
Defending Your Rights: Seasoned Lawyers for Ohio Drug Possession Charges
Ohio vigorously prosecutes drug crimes. But getting charged with drug offenses is not the end of the story. At Gounaris Abboud, we represent clients facing all manner of possession charges. We work diligently to get your charges dropped or dismissed or to win you an acquittal at trial.
Ohio drug laws are unforgiving and require severe punishments after a drug conviction. They categorize drugs into five schedules, with Schedule I drugs being the most addictive and dangerous. The punishment for possession of a Schedule I drug is more severe than for possession of a Schedule V drug.
If you are charged with possession of a Schedule I or II drug, you will be facing a felony. But with a criminal defense attorney from Gounaris Abboud fighting for you, you have the chance of beating the charges or getting them reduced.
Are you facing drug charges in Dayton, OH?
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At Gounaris Abboud, we vigorously defend our clients against any charges the state may bring. The following list contains some of them.
Marijuana Possession
Although it is legal in many states, marijuana for recreational use is still outlawed in Ohio. However, medical marijuana users are protected if they follow the rules of acquiring medical marijuana.
Cocaine Possession
Cocaine possession has been a problem in the state and the U.S. for decades. In Ohio, possession of cocaine could lead to a felony drug charge and time behind bars.
Heroin Possession
Heroin has made a big comeback in recent years. In Ohio, it is considered a Schedule I drug, meaning there is no recognized medicinal use for the substance. Possession of heroin is a felony.
Methamphetamine Possession
Methamphetamine, or meth, quickly leads to addiction and destroys lives. As with heroin, possession of the drug is a felony in Ohio, and it is also a Schedule I drug.
Prescription Drug Possession
Prescription drugs help countless individuals with all manner of conditions. However, they are often abused and can lead to overdoses and other negative consequences. Possession can lead to a felony or misdemeanor.
Designer Drug Possession
Designer drugs, such as bath salts, are having a huge, negative impact on Ohio communities. Law enforcement officials around the state are concerned about the impact of these drugs and vigorously pursue offenders.
Controlled Substance Possession
Controlled substances are substances whose manufacture and distribution are regulated by the government. Illegally possessing a controlled substance, such as fentanyl and oxycodone, is typically a felony drug charge at state and federal levels.
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Ohio law classifies drugs into one of five schedules. Each schedule has particular characteristics that separate it from the others, with lower schedule numbers being the most serious of crimes in the state.
Schedule I
Schedule I drugs are substances that are deemed to have the highest risk for abuse and addiction and little to no recognized medicinal uses. Drugs in this category include LSD, heroin, marijuana, and ecstasy.
Schedule II
Schedule II drugs are also considered to have a high risk of abuse and addiction but do have some limited medicinal properties that are recognized. Drugs in this group include cocaine, methamphetamine, and GHB, which is also known as the “date rape drug.”
Schedule III
A Schedule III drug is a drug with a moderate risk of addiction and abuse that has some legitimate and recognized medicinal properties. Anabolic steroids and small quantities of codeine and morphine are considered Schedule III drugs.
Schedule IV
With a Schedule IV drug, the risk of abuse or addiction is considered to be quite low. Additionally, drugs in this schedule are recognized as having medicinal uses. Some of these drugs include Xanax, Valium, and other anti-anxiety or sedative medications commonly used today.
Schedule V
Schedule V drugs are considered to be the least addictive of all drugs found in the schedules. They are also widely used to treat a variety of medical conditions and are typically not considered dangerous. Drugs in this category include certain medicines that contain small amounts of narcotics and stimulants, such as codeine and ephedrine.
Because of the high risk of abuse and addiction and the absence of legitimate medicinal uses, drug possession charges stemming from Schedule I drugs are punished the most severely. Next in line is Schedule II. Along with Schedule I, Schedule II possessions can net you a felony charge, whereas the other schedules typically lead to misdemeanor charges unless drug trafficking is suspected.
Types of Ohio Drug Possession Charges
Drug possession charges in Ohio are serious, and a conviction can lead to prison time, fines, and a permanent criminal record as a drug offender. Even possession of a small amount of most controlled substances is a felony.
Automatic Felony Drug Possession
If you are found in possession of any amount of a Schedule I or Schedule II drug, you will be automatically charged with a felony. The exception is marijuana. You must be in possession of 200 grams or more of marijuana to be charged with a felony. Otherwise, it is a misdemeanor, which carries lighter penalties.
Aggravated Possession of Drugs
Aggravated possession of drugs is more serious than simple possession. To be charged with aggravated possession, the prosecutor must prove that you possessed a Schedule I or Schedule II drug that was not cocaine, marijuana, hashish, or LSD.
Actual vs. Constructive Possession
To convict you of possession, the state must prove that you were in possession of an illegal substance. The prosecutor may use actual or constructive possession to do so.
Actual possession of an item occurs when that item is found on your person, such as in your hand, pocket, or sock. When possession is actual, it is quite easy for the prosecutor to meet their burden.
Constructive possession, on the other hand, involves instances when the item in question was not on the defendant’s person. Can you be convicted of possession of drugs if the drugs were not on your person? The answer is yes, through constructive possession, which exists when a person has an object under their dominion or control, even if it is not on their person.
For example, if a student has marijuana in their locker, the marijuana is under the dominion and control of the student. Therefore, the student is considered to be in possession of the marijuana.
Penalties for Felony Drug Possession in Ohio
Ohio likes to throw the book at felony drug possession cases. The feds may also get involved by prosecuting under federal criminal statutes. If you are facing a drug possession charge, you need an attorney to avoid the following sentences and judgments.
First-Degree Felony: 3 to 11 years, up to $2,500
Second-Degree Felony:2 to 8 years, up to $5,000
Third-Degree Felony:9 months to 3 years, up to $10,000
Fourth-Degree Felony:6 to 18 months, up to $15,000
Fifth-Degree Felony:6 to 12 months, up to $20,000
You may also be required to attend a drug treatment program and may lose your license.
Ohio Marijuana Possession Charges & Penalties
Felony drug possession of marijuana can bring significant prison time and fines. For fourth- and fifth-degree felony possession of marijuana, you are looking at 6 to 12 months. If you are convicted of a first-degree felony, it’s up to 11 years.
Possession thresholds for marijuana charges are as follows:
First-Degree Felony: 40 kilos or more
Second-Degree Felony: 20 kilos to below 40 kilos
Third-Degree Felony: 5 kilos to below 20 kilos
Fourth-Degree Felony: 1 kilo to below 5 kilos
Fifth-Degree Felony: 200 grams to less than 1 kilo
Keep in mind that complex issues arise when other forms of marijuana are involved, such as concentrates and edibles.
Ohio LSD (Liquid or Solid) Possession Charges & Penalties
If you are charged with felony possession of LSD, you also face six levels of felonious possession, which are:
First-Degree (Major Drug Offender): 500 grams or more
First-Degree (Possession): 100 to under 500 grams
Second-Degree: 25 to under 100 grams
Third-Degree: 5 to under 25 grams
Fourth-Degree: 1 to under 5 grams
Fifth-Degree: Under 1 gram
These thresholds are valid for liquid or solid LSD.
Heroin Possession Charges & Penalties
Heroin causes numerous overdoses and pain. Consequently, the felony threshold limits are low.
First-Degree (Major Drug Offender):100 grams or more
First-Degree (Possession): 50 to under 100 grams
Second-Degree: 10 to under 50 grams
Third-Degree: 5 to under 10 grams
Fourth-Degree: 1 to under 5 grams
Fifth-Degree: Below 1 gram
These thresholds apply to heroin in whatever form it is seized.
Cocaine Possession Charges & Penalties
Cocaine has plagued Ohio communities for many years. To help combat it, authorities have allowed for low threshold amounts for first- and second-degree felonies.
First-Degree (Major Drug Offender): 100 plus grams
First-Degree (Possession): 27 to under 100 grams
Second-Degree: 20 to under 27 grams
Third-Degree: 10 to under 20 grams
Fourth-Degree: 5 to under 10 grams
Fifth-Degree: Below 5 grams
These amounts cover all forms of cocaine.
Ohio Fentanyl Penalties
Fentanyl is a new scourge that is costing many lives. Law enforcement has been empowered to levy serious charges for its possession.
First-Degree (Major Drug Offender): 100 grams or more
First-Degree (Possession): 50 to under 100 grams of fentanyl-related drug; 20 to under 50 grams of pure fentanyl
Second-Degree: 10 to under 20 grams
Third-Degree: 5 to under 10 grams
Fourth-Degree: 1 to under 5 grams
Fifth-Degree: Under 1 gram
Because it is so dangerous, fentanyl possession is prosecuted vigorously in Ohio.
Penalties for Methamphetamine Possession
The police target meth for its deleterious effect. Possessing the drug, even in small amounts, can result in serious consequences.
First-Degree (Major Drug Offender): At least 100 times the bulk amount of a Schedule I or II drug
First-Degree (Possession): 50 to under 100 times bulk amount
Second-Degree: 5 to under 50 times bulk amount
Third-Degree: Bulk amount up to below 5 times bulk amount
Fourth-Degree: Bulk amount up to below 5 times bulk amount
Fifth-Degree: Below the defined bulk amount
By hiring an experienced criminal defense lawyer, you increase your odds of beating the charge, having it reduced, or having it dismissed altogether. Without one, you could face the maximum penalty.
Additional Consequences for Drug Possession Charges in Ohio
Prison time and fines are not the only penalties you could face for drug possession. You may also face:
A suspended driver’s license
Trouble finding employment
Loss of custodial rights
Difficulties in acquiring a mortgage
Problems with background checks
However, you can deal with these problems with the help of an experienced criminal defense attorney who might seek expungement or some other remedy for your circumstances.
Protecting Your Rights: Strong Drug Possession Defense in Ohio
At Gounaris Abboud, we tailor our services to the needs of each client because we know that every case is unique. So we craft your defense specific to the characteristics of your case. We accomplish this by:
Reviewing Evidence: We meticulously pore over every piece of evidence to build the strongest defense possible against your drug crime charges
Challenging Searches and Seizures: We look closely at how the evidence against you was gathered and fight to have it thrown out if gathered in violation of the Constitution
Probing Witness Credibility: Our drug crime attorneys diligently probe the witness statements being used against you for truth and reliability
Finding Prosecution Weaknesses: If there are weaknesses in the prosecution’s case, such as timeline gaps and witness statement inconsistencies, we will find them
You deserve a strong defense against Ohio drug laws. Let our criminal defense attorneys fight for your freedom.
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How Can Our Drug Possession Crime Lawyer Help You?
We fight to defend you in the following ways:
1.
Legal Guidance
We not only defend you against criminal charges but also give you guidance to make the right choices for your defense
2.
Crafting a Strong Defense
We work hard to craft the strongest defense for your situation, which may involve challenging searches and witnesses or gathering evidence that destroys the prosecution’s case.
3.
Protecting Your Rights
We make sure your Constitutional rights are secure and have not been violated by illegal searches, seizures, and arrests.
4.
Negotiations
Our team will fiercely negotiate with the prosecution to get your charges reduced or dropped
5.
Trial Representation
If your case must go to court, you can rely on our team to fight hard for you in the courtroom
6.
Alternative Sentencing Options
We will work hard to convince the state to allow alternative sentencing programs, such as house arrest
7.
Support and Guidance
We will support and guide you as the process unfolds
Don’t hesitate to contact us for help.
Why Choose Gounaris Abboud for Your Drug Defense?
Drug possession charges can derail your life, but we always fight hard against the prosecution. When you choose us, you get a firm with:
Over 50 years of collective experience
Industry-recognized attorneys
Tailored service
Robust advocacy
Around-the-clock availability for free consultations
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!
Melinda Q.
5
They did absolutely everything possible to help reduce the sentence and charges faced. The fees for their services were worth every cent and superior to any public defendant representation. They both put their hearts into their work and care like nobody else I have ever encountered in the legal system.
Melinda Q.
5
I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.
Patty M.
Contact Our Drug Possession Lawyer Today!
Meet your drug possession charge head-on. Contact Gounaris Abboud to fight for the most optimal outcome in your case. An experienced criminal defense lawyer is ready to help.
Is Drug Possession a Misdemeanor or a Felony in Ohio?
It depends. Drug possession can be either a felony or a misdemeanor, depending on the quantity seized by law enforcement, the type of drug, and other factors.
Can I Go to Jail for Drug Possession in Ohio?
Yes. You may face time in jail or in prison for drug possession. Although repeat offenders are more likely to get jail time, first-time offenders may also be jailed, especially if convicted of a first- or second-degree felony.
Can I Face Enhanced Penalties for Drug Possession Based on Prior Convictions?
Yes. Prior convictions typically act as enhancements that allow the state to punish you more severely.
What Defenses Can Be Used Against Drug Possession Charges in Ohio?
There are various defenses to drug possession charges, such as challenging lab test results and contesting the legality of a search and seizure. Asserting entrapment or challenging the ownership of the drugs are other ways to defend against possession charges.
Can a First-Time Offender Receive Probation Instead of Jail Time for Drug Possession in Ohio?
If you are a first-time offender, it is possible to receive probation in place of jail or prison time, especially if your criminal record is free from drug charges.
How Does Ohio Handle Possession of Marijuana for Personal Use?
Ohio treats marijuana possession with specific laws that lightly punish possession of small amounts of marijuana with potential fines. However, jail time is rare when the amounts possessed are small.
Can I Face Federal Charges for Drug Possession in Ohio?
Yes. Ohio drug possession charges can lead to federal charges, especially if the drugs crossed state lines or were of such a quantity that drug trafficking is reasonably assumed.
Can Drug Possession Charges Be Expunged from My Record in Ohio?
Ohio permits certain individuals convicted of drug possession to expunge drug charges from their records. Permission to do so depends on the nature of the charge, the disposition of the case, and the criminal history of the person in question.
Resources for Felony Drug Possession Charges in Ohio
