A conviction for a drug offense in Columbus can result in various penalties and consequences based on factors such as the type of offense and the type and quantity of drugs involved. For example, the grading of a conviction for drug trafficking of most kinds of Schedule I, II, III, IV, or V drugs depends on which schedule the drug falls into and the quantity, based on the number of times of the “bulk amount” for that drug, has been trafficked. Ohio law establishes specific quantities for each type of drug that constitutes a “bulk amount.” Grading for most drug trafficking offenses involving Schedule I or II drugs includes:
Grading for trafficking offenses involving most Schedule III, IV, or V drugs include:
Prosecutors in Columbus may increase the grading of a drug trafficking offense that occurs in proximity to a school or juvenile by one level.
Ohio also has specific offense grading scales for certain types of drugs, including marijuana, cocaine, LSD, heroin, hashish, and fentanyl.
Grading for simple drug possession charges (possession of drugs for personal use) can also depend on the type of drug and the quantity involved, with offenses ranging from a Level 5 felony to a Level 1 felony based on the increasing quantity of drugs. However, possession of lesser quantities of marijuana or hashish for personal use may lead to minor misdemeanor or Level 4 misdemeanor charges.
Drug manufacturing and cultivation can lead to serious criminal charges, with manufacturing of most Schedule I or II drugs resulting in a Level 2 felony charge, and manufacturing of Schedule III, IV, or V drugs leading to a Level 3 felony charge. Grading of marijuana cultivation charges can depend on the quantity of marijuana involved.
Standard sentences for felony level offenses in Ohio include:
Less serious drug offenses may instead result in a term of community control if an offender did not have a prior felony conviction at any time or a prior misdemeanor violent offense within the past two years. More serious drug offenses come with a presumption of imprisonment unless the court finds that non-prison penalties would adequately protect the public, punish the offender, and not demean the seriousness of the offense.
These consequences are serious, and you need an equally serious defense to help you seek a positive outcome. A knowledgeable criminal defense attorney from Probst Law Office, Inc. can protect your rights, reputation, and future.
What you do during and after a drug arrest in Ohio can have a large effect on the outcome of your case. Consider taking as many of the following actions as possible:
A Columbus criminal defense lawyer from Probst Law Office, Inc. can help you defend your rights, reputation, and freedom against the harshest consequences of a drug conviction in Ohio by:
Below, you’ll find the answers to some of our most frequently asked questions about drug charges in Ohio.
Will I have to go to jail or prison for a drug offense?
For a conviction for less serious drug charges, you might receive a sentence that includes penalties other than incarceration, especially if you have no criminal history or a limited record of minor, non-violent offenses. Although more serious drug offenses come with a presumption in favor of prison time, various factors may convince a court that a sentence that does not include incarceration would still adequately protect the public, provide punishment, and respect the seriousness of the offense.
How much does it cost to hire a criminal defense attorney for a drug case?
In most cases, criminal defense attorneys handling drug cases work on an hourly fee basis, with the attorney’s hourly rate determined by factors such as their experience, reputation, and the geographic area where they practice. Attorneys may also pass on expenses incurred to prepare a defense case, such as expert witness fees. A defense attorney can work with you to track your legal expenses to help you stay within your budget.
That said, the consequences of a conviction often far outweigh the cost of hiring private legal counsel to defend you against a drug charge.
Can I use a public defender to help with my drug charges?
Courts typically only appoint legal counsel to defendants who cannot afford to hire an attorney, although they may also appoint public defenders under certain other circumstances. However, even if you qualify for free legal counsel, you should be aware that many public defender’s offices have limited resources compared to the number of cases they handle, and they may not have the time or ability to give your case the attention it deserves. Hiring a private criminal defense lawyer will mean you have an advocate who can devote the care, effort, and resources you and your case need.
