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Cincinnati Drug Trafficking Attorneys
Drug trafficking in Ohio is a very serious criminal offense. The offense of drug trafficking can be charged on a state level, federal level or both. If you are convicted of drug trafficking, you will face serious penalties such as a lengthy prison sentence, extensive fines, and the suspension of your driver’s license. Regardless of what you are charged with, a conviction can, unfortunately, tarnish your reputation for a long time. Due to the complicated nature of Ohio drug laws, you should always consult with knowledgeable Cincinnati drug trafficking lawyers who will best be able to provide you proper counsel regarding the specific facts and circumstances of your case.
Drug trafficking is defined according to the Ohio Revised Code (ORC 2925.03) as anyone who knowingly does either of the following:
- Sells or offers to sell a controlled substance;
- Prepares for shipment, ships, transports, delivers, distributes, or distributes a controlled substance when they know or have reasonable cause to believe that the controlled substance is intended for sale or resale to someone else.
Drug trafficking typically involves controlled substances that fall under schedules III, IV, or V in Ohio’s drug schedule. Substances that are classified as a schedule I or II are typically charged as aggravated drug trafficking.
Drug trafficking and aggravated drug trafficking can involve all kinds of drugs such as illegal substances, prescription medications, chemicals, and naturally occurring substances. The following is a non-exhaustive list of drugs that can be involved in drug trafficking and aggravated drug trafficking offenses:
- Marijuana
- Cocaine
- Codeine
- Heroin
- Hydrocodone
- Xanax
- Oxycontin
- LSD
- Morphine
- Ecstasy
- Methamphetamines
- Opium
- Steroids
- Valium
- GHB
- Mushrooms
- Methadone
Drug Trafficking Penalties in Ohio
Ohio drug trafficking penalty breakdown
- Less than the bulk amount
Fifth-degree felony with at least 6 months and up to $2,500 in fines - Equal to the bulk amount but less than 5 times the bulk amount
Fourth-degree felony with at least six months in prison and up to $5,000 in fines
If you are convicted of drug trafficking, the penalties that you will face are dependent the amount of controlled substance that you possessed, the schedule or type of substance, and whether the offense occurred near a school or the sale was made to a minor. The offense of drug trafficking typically applies to controlled substances that are classified as schedule III, IV, or V. The following charges and penalties are applicable to cases that involve drugs that fall into these schedules:
If you are convicted for drug trafficking and the controlled substance is less than the bulk amount, then you will most likely be charged with a fifth-degree felony. This entails at least six and a maximum prison sentence of 1 year in addition to fines up to $2,500.
If you are convicted of drug trafficking and the controlled substance is less than the bulk amount and the offense occurred near a school or was made to a minor, then you will be charged with a fourth-degree felony. This entails at least six and up to a maximum of 18 months in prison in addition to up to $5,000 in fines.
If you are convicted of drug trafficking and the controlled substance is equal to the bulk amount but less than five times the bulk amount, then you will be charged with a fourth-degree felony. This entails at least six and up to a maximum of 18 months in prison in addition to up to $5,000 in fines.
If you are convicted of drug trafficking and the controlled substance is equal to the bulk amount but less than five times the bulk amount and the offense occurred near a school or was made to a minor, then you will be charged with a third-degree felony. This entails a minimum of 1 year and up to five years in prison in addition to fines up to $10,000.
If you are convicted of drug trafficking and the controlled substance is equal to five times the bulk amount but is less than 50 times the bulk amount, then you will be charged with a third-degree felony. This entails a minimum of 1 year and up to five years in prison in addition to fines up to $10,000.
If you are convicted of drug trafficking and the controlled substance is equal to five times the bulk amount but less than 50 times the bulk amount and the offense occurred near a school or was made to a minor, then you will be charged with a second-degree felony. This entails at the minimum of two years and a maximum of eight years in prison in addition to fines up to $15,000.
If you are convicted of drug trafficking and the controlled substance is equal to or is greater than 50 times the bulk amount, then you will be charged with a second-degree felony. This entails at the minimum of two years and a maximum of eight years in prison in addition to fines up to $15,000.
If you are convicted of drug trafficking and the controlled substance is equal to or is greater than 50 times the bulk amount and the offense also occurred near a school or was made to a minor, then you will be charged with a first-degree felony. This entails a minimum of 3 years and up to 10 years in prison in addition to up to $20,000 in fines.
Aggravated Drug Trafficking Penalties in Cincinnati
Ohio aggravated drug trafficking penalty breakdown
- Less than the bulk amount
Fourth-degree felony with at least six months and up to $5,000 in fines - Equal to the bulk amount but less than 5 times the bulk amount
Third-degree felony with at least 1 year in prison and up to $10,000 in fines
If you are convicted of aggravated drug trafficking, the penalties that you will face are dependent on the amount of controlled substance that you possessed, the schedule or type of substance, and whether the offense occurred near a school or the sale was made to a minor. The charge of aggravated drug trafficking typically applies to schedule I and II substances. The following charges and penalties are applicable to cases that involve drugs that fall into these schedules:
If you are convicted of aggravated drug trafficking and the amount of the controlled substance is less than the bulk amount, you will most likely be charged with a fourth-degree felony. This entails at least six and up to a maximum of 18 months in prison in addition to up to $5,000 in fines.
If you are convicted of aggravated drug trafficking and the controlled substance is less than the bulk amount and the offense also took place near a school or was made to a minor, then you will be charged with a third-degree felony. This entails a minimum of 1 year and up to five years in prison in addition to fines up to $10,000.
If you are convicted of aggravated drug trafficking and the amount of the controlled substance is equal to the bulk amount but less than five times the bulk amount, then you will be charged with a third-degree felony. This entails a minimum of 1 year and up to five years in prison in addition to fines up to $10,000.
If you are convicted of aggravated drug trafficking and the controlled substance is equal to the bulk amount but less than five times the bulk amount and the offense took place near a school or was made to a minor, then you will be charged with a second-degree felony. This entails at the minimum of two years and a maximum of eight years in prison in addition to fines up to $15,000.
If you are convicted of aggravated drug trafficking and the controlled substance is equal to five times the bulk amount but less than 50 times the bulk amount, then you will be charged with a second-degree felony. This entails a minimum of two years and a maximum of eight years in prison in addition to fines up to $15,000.
If you are convicted of aggravated drug trafficking and the controlled substance is equal to five times the bulk amount but less than 50 times the bulk amount and also took place near a school or the sale was made to a minor, you will be charged with a first-degree felony. This entails a minimum of 3 years and up to 10 years in prison in addition to up to $20,000 in fines.
If you are convicted of aggravated drug trafficking and the controlled substance is equal to or is greater than 50 times the bulk amount and less than 100 times the bulk amount, then you will be charged with a first-degree felony. This entails a minimum of 3 years and up to 10 years in prison in addition to up to $20,000 in fines.
If you are convicted of aggravated drug trafficking and the controlled substance is equal to or greater than 100 times the bulk amount, then you will be charged with a first-degree felony. You will be considered a major drug offender and face a minimum of 3 years and up to 10 years in prison in addition to up to $20,000 in fines.
Due to the complicated nature of Ohio drug laws, you should always consult with a knowledgeable Cincinnati drug trafficking attorney who will best be able to provide you proper counsel regarding the specific facts and circumstances of your case.
Other Consequences of Drug Trafficking and Aggravated Drug Trafficking
In addition to prison time and hefty fines, a drug trafficking conviction will have a negative impact on other areas of your life as well. You may face difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and having custody of your children.
If you are convicted of felony drug possession, you will also face a possible driver’s license suspension.
Defending Possession of Controlled Substance Offenses
Regardless of what the facts and circumstances of your case are, there are defenses that can be raised on your behalf. The Cincinnati drug trafficking lawyers at LHA will take the time to examine what legal strategies are most appropriate in defending your case.
Perhaps there is an explanation for why you were engaged in drug trafficking – the drugs were not yours and/or someone placed them in your belongings without your consent or knowledge. Perhaps there is a different reason as to why you were trafficking drugs; you have a substance abuse problem or are going through a difficult period in your life. Regardless what happened in your case, there are ways of mitigating these factors and potentially receiving a lesser sentence.
The following are a list of factors that are taken into consideration in determining whether there were any errors made in your case:
- Whether there were any search warrants issued without probable cause;
- Whether an illegal search was conducted;
- Whether your Fourth Amendment rights were violated;
- Whether illegal forms of surveillance were involved;
- Whether your Miranda Rights were read in their entirety;
- Whether any evidence was illegally obtained;
- Whether lab results and analysis were handled properly.
If you are facing your first conviction for drug trafficking in Ohio, the court may be more lenient with your sentence. A clean criminal record can undoubtedly work to your advantage if you are convicted. The Cincinnati drug trafficking lawyers will do everything in their power to argue for a reduction in your charges and minimizing your penalties.
Every day in Ohio, there are many individuals who are charged with drug trafficking. Although each case is different, it is imperative that you obtain an experienced, knowledgeable and compassionate attorney who will fight for your legal rights and best interest. The Cincinnati drug trafficking lawyers at LHA has successfully defended hundreds of individuals charged with drug trafficking. Their knowledge, experience, and compassion for your case will help you receive the justice you deserve.
Contact Our Cincinnati Drug Trafficking Lawyers Today.
Ohio drug laws are incredibly complex, which is why fighting distribution charges on your own can quickly get you into real trouble. If you are arrested for distribution of amphetamines, your best defense is the help of an experienced Cincinnati drug lawyer. Your Cincinnati drug crime attorney can help create the best defense strategy for your unique case and ensure that you have the best outcome possible.
At Luftman, Heck, & Associates, our Cincinnati drug trafficking attorneys have years of experience fighting these kinds of charges, and we are prepared to do everything we can to represent your best interests. With our team headed by Brad Groene on your side, you will have the best chance to fight the charges successfully. We are available for our clients 24/7, so call our offices right now at (513) 338-1890 to set up a free consultation on your case.