Are you facing drug trafficking charges in Dayton, OH? Trafficking is treated very seriously under Ohio law and has some of the stiffest penalties available for drug offenses. You should seek counsel from an experienced Dayton drug trafficking lawyer as soon as possible.
Suhre & Associates DUI and Criminal Defense Lawyers has been defending Dayton residents against all types of drug charges for over 20 years. Don’t just search for general information about your charge on the internet. Call our law office today to schedule a free consultation. We will put our decades of experience to work for you.
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How Suhre & Associates DUI and Criminal Defense Lawyers Can Help After You’re Arrested for Drug Trafficking in Dayton
Prosecutors rarely show any compassion when it comes to drug trafficking charges. The prosecutor may even seek the maximum penalties allowed, or you may face federal drug charges. You deserve an experienced Dayton criminal defense attorney prepared to fight for you.
Suhre & Associates DUI and Criminal Defense Lawyers brings more than 100 years of combined legal experience to your criminal defense. Our team of criminal defense lawyers includes a former prosecutor and former police officer, who offer valuable insight into the tactics law enforcement and prosecutors use to investigate and try drug offenses. We have earned prestigious designations and awards, including the 2020 AVVO Clients’ Choice Award and the National Trial Lawyers Top 100.
Trust Suhre & Associates DUI and Criminal Defense Lawyers to give you the robust defense you deserve, and we will:
- Advocate for your constitutional rights
- Offer legal advice, guidance, and support based on a century of combined experience
- Investigate your case to seek exculpatory evidence, constitutional violations, and legal defenses
- Craft a strong legal defense based on a sound argument, cross-examination, evidentiary challenges, expert witnesses, and more
- Seek a dismissal of the charges if the prosecution’s case lacks evidence
- Negotiate a fair plea deal if it is in your best interest or argue for lenient sentencing if convicted
- Present a compelling case to a jury to seek an acquittal or not guilty verdict if your case goes to court
Time is of the essence when the prosecution is building a drug trafficking case against you. Contact Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free case review at our law office in Dayton, Ohio.
What Is Drug Trafficking in Ohio?
The state of Ohio makes drug trafficking a crime under Ohio Revised Code § 2925.03. Under this statute, drug trafficking is defined as the selling, offering, or packaging for delivery of a controlled substance.
Drug trafficking can be charged if you knowingly distribute or prepare a controlled substance for delivery, transport, or shipment. It can also be charged for knowingly selling or offering a controlled substance.
In most cases, trafficking is a fifth-degree felony in Dayton. However, it can be charged as high as a first-degree felony, depending on the drug type, drug amount, and aggravating factors.
A simple drug possession offense may be upgraded to a more serious trafficking charge based on the amount of drugs you carried and other factors under Ohio drug laws.
Aggravated Drug Trafficking in Dayton
Drug trafficking can be upgraded to an aggravated charge.
Aggravated drug trafficking can be charged in several scenarios:
- Controlled substances over the “bulk amount”
- Trafficking involving Schedule I and II drugs (excluding LSD, cocaine, fentanyl, marijuana, hashish, and analogs)
- If the offense occurs around or involves a juvenile or occurs near a school
In most cases, aggravated trafficking is charged as a fourth-degree felony. It becomes a third-degree felony when it occurs around or involves a juvenile or a school. It is also a third-degree felony when the amount exceeds the statutory “bulk amount” but is under 5x the bulk amount.
A second aggravated trafficking offense near a school or minor is a second-degree felony. This degree is also charged if the controlled substance is 5x to 50x the bulk amount.
A first-degree drug trafficking charge may be brought if the amount is 5x to 50x the bulk amount and near a school or minor. It can also be charged if the amount of the drug is 50x to 100x the bulk amount. For amounts exceeding 100x the bulk amount, a conviction can result in a “major drug offender” classification in Ohio.
Controlled Substances Under Ohio Law
The type of drug involved is one of the most important factors in all drug offenses in Ohio.
The state classifies controlled substances under five schedules based on the:
- Addiction potential
- Abuse potential
- Public health danger
- Scientific knowledge
- Pharmacological effects
- Accepted medical uses
Schedule I drugs have a high potential for abuse, addiction, danger to public health, and no accepted medical uses.
Schedule I drugs include:
- Heroin
- Ecstasy
- LSD
- Peyote
- Marijuana
Schedule II drugs have a high risk of addiction and abuse and are still considered very dangerous. However, they have some accepted medical benefits.
This schedule includes:
- Adderall
- Vicodin
- Oxycodone
- Methadone
- Cocaine
- Methamphetamine
Schedule III drugs have lower penalties in drug trafficking offenses than Schedule I and II drugs. This schedule includes ketamine, testosterone, anabolic steroids, and prescription medication with opioids like codeine.
Schedule IV drugs include prescription drugs like Ambien, Ativan, Valium, Tramadol, and Xanax.
Schedule V drugs are usually prescriptions with small amounts of narcotics. Lyrica is a Schedule V drug in Ohio.
Controlled Substance Bulk Amount
Under Ohio drug laws, you can face enhanced penalties if the amount of the controlled substance exceeds the statutory “bulk amount.”
Common bulk amounts include the following:
- Anabolic steroids: 10 units or 1 gram
- Marijuana: 100 grams
- Cocaine: 5 grams
- Schedule I opiates and their derivatives: 10 grams or 25 units
- Schedule II opiates and their derivatives: 20 grams or 5x the maximum daily dose
When the amount of the controlled substance is at least the bulk amount, a trafficking charge can be automatically elevated to a third-degree felony.
What Are the Penalties for Drug Trafficking in Dayton, OH?
You may face a fifth-degree or up to a first-degree felony for trafficking a controlled substance in Dayton. The type of drug, amount, and whether there are aggravating factors determines the degree of the felony and the potential penalties.
You may face the following prison sentence depending on the degree of the charge under Ohio’s felony sentencing chart:
- First-degree felony trafficking is punishable by 3 to 11 years in prison
- Second-degree felony trafficking is punishable by 2 to 8 years in prison
- Third-degree felony trafficking is punishable by 1 to 5 years in prison
- Fourth-degree felony trafficking is punishable by 6 to 18 months in prison
- Fifth-degree felony trafficking is punishable by 6 to 12 months
Trafficking is a Dayton drug crime that may come with a mandatory minimum prison sentence. If you are convicted of aggravated drug trafficking, there is a presumptive prison term. A mandatory prison sentence is also required with two or more prior felony drug convictions.
Classification as a “major drug offender” (MDO) is punishable by a mandatory 11-year prison term.
There are additional consequences of a drug trafficking conviction outside of prison time. You may face the loss of a professional license and revocation or suspension of your driver’s license. Conviction can impact your ability to receive government benefits, rent a home, or find gainful employment.
Drug trafficking is also a federal drug crime. You may face federal charges if you were investigated by the DEA or the alleged offense crossed state lines, among other scenarios. Federal drug trafficking has even harsher penalties than an Ohio conviction.
The penalties for drug trafficking in Ohio should not be taken lightly. Contact the Dayton criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, to learn more about an attorney-client relationship.
What Defenses Can Be Raised if I’m Accused of Drug Trafficking in Dayton, Ohio?
Facing drug trafficking charges can be frightening and overwhelming, but you are innocent until proven guilty beyond a reasonable doubt. There are many possible legal defenses available in a drug trafficking case.
Your drug crime defense may involve the following defenses:
- The drugs did not belong to you, or you were an unwilling participant in the offense. It is not uncommon for trafficking organizations to trick people into carrying controlled substances for them.
- There was a mistake of fact. You may have been under the mistaken belief that the controlled substance was something else that was not illegal, such as flour. This is often the case when someone is tricked into carrying illegal drugs.
- The drugs were for personal use, not distribution or sale. This defense depends on the amount of drug found in your possession. However, Ohio may pass SB3 into law which would remove this defense as prosecutors would no longer need evidence of intent to distribute. Instead, trafficking can be charged solely based on the amount of drugs.
Suhre & Associates DUI and Criminal Defense Lawyers will also investigate your case to determine if you were the victim of police misconduct or if your constitutional rights were violated. If you were subjected to an illegal search and seizure, coerced into making false statements or incriminating yourself, or not allowed to speak with legal counsel, we will seek to have evidence suppressed. In some cases, this may be enough to break the prosecution’s case against you.
An experienced criminal defense attorney in Dayton at Suhre & Associates DUI and Criminal Defense Lawyers will help you build the strongest legal defense possible to fight for your freedom.
Contact a Dayton Drug Trafficking Lawyer for a Free Case Review
Trafficking is perhaps the most serious of all drug offenses in Ohio. It’s crucial to get the experienced legal counsel you deserve. At Suhre & Associates DUI and Criminal Defense Lawyers, we are committed to giving your criminal case the personal attention and expertise you deserve.
Call our law firm today for a free consultation with an experienced Dayton drug trafficking lawyer to begin working on your legal defense.
