Possession of a Controlled Substance Defense Lawyer in Dayton, OH

Dayton Possession of a Controlled Substance Lawyer

Controlled substance possession covers all types of drugs, from heroin to prescription cough syrup. A conviction can result in prison, fines, and a criminal record that may hamper your employment and educational opportunities.

You can mitigate these penalties with help from a possession of a controlled substance lawyer. Dayton, OH, laws can be complex, but our team has an immense depth of knowledge about state and federal drug laws. Our drug possession lawyers defend clients from criminal charges alleging drug possession, drug trafficking, and other drug crimes.

Prosecutors must have proof beyond a reasonable doubt to secure a conviction. We know how to undermine the prosecution’s case and present affirmative defenses to fight for a positive outcome.

You do not need to face the criminal justice system alone. Contact Gounaris Abboud for a consultation about your drug crime charges in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, or Fairborn.

Possession of a Controlled Substance Under Ohio Law

Ohio Revised Code Section 2925.11 prohibits anyone from knowingly obtaining, possessing, or using a controlled substance. In other words, Ohio drug laws prohibit performing these acts involving a scheduled drug.

To prove a case, the prosecution must have evidence that you knew you obtained, possessed, or used a controlled substance. “Knowledge” means that you were aware of the circumstances and the nature of your acts.

Thus, prosecutors must have proof that you knew the substance you had was a controlled substance. For example, if you genuinely thought you had aspirin but actually possessed morphine, you might not have the requisite knowledge.

They must also have evidence that you knew that you obtained, possessed, or used it. If someone else brought drugs into your house and dropped them under your couch without your knowledge, your Dayton drug crime lawyers can argue you did not “knowingly” possess them.

Actual vs. Constructive Possession

Criminal possession of a controlled substance refers to both actual and constructive possession. Prosecutors must prove beyond a reasonable doubt that you performed either of the following acts:

• You had physical control of drugs on your body or in your clothing.
• The drugs were not on your body, but you had access and control.

To prove constructive possession, prosecutors must show that you knew of the nature of the controlled substance, you were capable of taking possession, and you intended to possess it. For example, you may have constructive possession of drugs in a safe when you know the combination.

How Are Drugs Classified in Ohio?

Controlled substances include any natural or synthetic material restricted by law, including the following:

• Prescription drugs
• Some over-the-counter medications, such as pseudoephedrine
• Chemicals
• Natural substances, such as lysergic acid from the ergot fungus
• Manufactured substances, such as LSD synthesized from lysergic acid
• Illegal drugs

Ohio Revised Code § 3719.41 creates a five-schedule system that categorizes controlled substances according to their medical usefulness and risk of addiction and abuse. Thus, a substance with recognized therapeutic uses will appear on Schedule III, IV, or V. Conversely, drugs with little to no medical use and high risks for addiction and abuse will appear on Schedule I.

These schedules play three roles in defining Ohio drug crimes. First, they determine which substances are illegal to possess in any amount without legal authorization, such as a prescription, or an applicable statutory exception, such as anabolic steroids for livestock.

Second, the schedules determine the penalties for drug possession charges. Schedule I substances carry the harshest penalties, while Schedule V substances have the least severe.

Finally, the schedules determine which substances might trigger aggravated drug possession charges if they’re possessed in large quantities. These drug crime charges depend on the drug involved and the amount possessed.

Dayton Possession of a Controlled Substance Penalties

Standard Penalty Ranges

The penalties for Schedule III, IV, and V drugs start at a first-degree misdemeanor and go up from there. The penalties for fentanyl-related compounds, heroin, cocaine, LSD, and controlled-substance analogs start at a fifth-degree felony. Conversely, marijuana starts at a fourth-degree misdemeanor, and hashish starts at a minor misdemeanor.

Each penalty level carries the following prison terms:

• First-degree misdemeanor: Up to 180 days jail, fine up to $1,000.
• Fifth-degree felony: 6-12 months prison, fine up to $2,500.
• Fourth-degree felony: 6-18 months prison, fine up to $5,000.
• Third-degree felony: 1-5 years prison, fine up to $10,000.
• Second-degree felony: 2-8 years prison, fine up to $15,000.
• First-degree felony: 3-10 years prison, fine up to $20,000.

Notably, Ohio law gives judges the discretion to decide whether to impose a jail sentence for fifth and fourth-degree felonies.

Aggravated Drug Possession Charges

Aggravated drug charges apply to Schedule I and II drugs except fentanyl-related compounds, heroin, cocaine, LSD, marijuana, and hashish. The lowest level, 5th-degree possession of a controlled substance, is a fifth-degree felony drug charge.

The court can enhance penalties based on:

• Type and amount
• Criminal record
• Location of offense

If the accused possessed at least the bulk quantity, they face a third-degree felony for possession of a controlled substance. The penalties increase as the amount increases, potentially reaching a first-degree felony drug charge for possessing more than 100 times the bulk amount.

Defenses Against Possession of a Controlled Substance Charges

Examples of defenses you can raise include the following:

How Our Possession of a Controlled Substance Lawyer in Dayton, OH, Can Help You

Our Dayton drug crime lawyers approach drug possession charges using the following steps:

• Investigating your case, including thoroughly reviewing the evidence and witnesses against you.
• Identifying any violations of your Constitutional rights during the investigation and arrest.
• Consulting expert witnesses to determine the grounds for challenging substance identification.
• Negotiating with prosecutors to push for dismissal, reduction in charges, or diversion.
• Aggressively advocating for you before a jury if your case reaches trial.
• Presenting mitigating evidence to reduce your penalty if you are convicted.
• Seeking alternative sentencing options, such as treatment and probation.

We understand that drug possession charges can arise in many circumstances other than serious drug trafficking. Fortunately, if you need a possession of a controlled substance attorney, Dayton clients say they benefit from our tenacious representation. We’ll fight for a fair outcome under Ohio drug laws, whether that involves a dismissal, reduced charges, or a favorable plea agreement.

Long-Term Consequences of Controlled Substance Convictions

A drug crime conviction can have severe penalties beyond a prison sentence. The collateral consequences of a drug conviction include:

• Suspension of your professional license by a licensing board.
• Disqualification from federal benefits and loan programs.
• Application of enhanced penalties in future cases based on your prior criminal history.
• Deportation or detention by immigration officials.
• Exclusion from certain jobs or educational institutions.

If you were convicted of a felony, federal law blocks you from possessing a firearm. The federal government restricts your gun ownership rights based on a felony drug conviction, even if it was not a federal drug crime.