Drug Charges in Ohio or Indiana are complex due to the different levels and related charges that can occur. In most cases, you may face multiple charges that can complicate your defense and result insignificantly more significant penalties. Understanding the nuances of each charge and how to refute them is essential.
If you are charged with a crime – or even if you think you might be charged – the attorney you choose can be your most crucial decision. Trial Lawyer Matthew W. Chapel has vast experience defending clients against various drug charges. Contact him in Fort Wayne immediately when facing possible drug charges of any type.
Drug Charges in Indiana
Drug offenses rarely occur singly, so you can expect to face multiple charges, and the laws governing drug charges in Indiana can be complex. The severity of the charges against you can vary widely according to the specific drug, amount of the drug, and where you are alleged to have possessed, used, or transported the drug. For example, any drug offense in or near a designated school zone can have much stiffer penalties.
Possession
Possession of drugs is the basic level charge. The drug, amount, and circumstances determine potential penalties, so it is essential to have the facts. Possible penalties can include thousands of dollars in fines and years in jail. Reducing the amount of drugs alleged to be in your possession can cut years in prison or thousands of dollars from your sentence if you are convicted.
Trafficking and Manufacturing
The Indiana Uniform Controlled Substances Act (Code35-48-4-1) addresses Drug Trafficking and Drug Manufacturing. Under this law, manufacturing drugs assumes the intent to distribute, so there is little difference in their application. The type and amount of drugs involved impact potential penalties, as do any prior drug charge convictions. Types of drugs are classified under “schedules” 1-5, and the amount of each drug within each schedule determines misdemeanor-level or felony-level charges.
Drug Charges in Ohio
Drug charges in Ohio follow many similar aspects as Indiana law, like classifying drugs into schedules or categories. However, it can be complex due to their unique formula for determining bulk amounts of possessed drugs and how that influences potential charges and penalties.
Possession
Ohio classifies drug possession (Code 2925.11) charges as either “Possession” for schedule 3, 4, or 5 drugs or “Aggravated Possession” for schedule 1 and 2 drugs, minus a few specified substances. The laws are complex for assessing penalties, but they can range from suspension of your driver’s license to thousands of dollars in fines and many years in jail.
Trafficking
Ohio similarly separates trafficking offenses (Code 2925-03) into “Trafficking” and “Aggravated Trafficking.” The drug type, amount, and even your intended target clientele can affect potential charges and penalties. All these factors are plugged into a formula for “bulk amounts” to determine misdemeanors, felony crimes, and the level of felony crimes with minimum sentencing requirements.
Cultivation or Manufacturing
Ohio carries separate charges for the cultivation and manufacture of drugs (Code 2925.04). Like most drug offenses, the charges depend on the drug and the amount of the drug being manufactured or grown. The cultivation or manufacture of Schedule 1 and Schedule 2 drugs (excluding marijuana) can result in up to 10 years in prison and up to a$20,000 fine. The manufacture or cultivation of Schedule 3, 4, and 5 drugs can result in up to 8 years in prison and up to a $15,000 fine.
Marijuana Laws
Growing, possessing, and selling marijuana is entirely illegal in Indiana and can result in multiple charges and penalties. There is no real exemption for medical amounts and use. Marijuana is also illegal in Ohio, although the state does have some exemptions for medical use, including possession of up to a 90-day supply.
Both state’s laws are confusing, so you need a qualified trial lawyer who understands the law and your rights when you face drug charges.
Reliable Criminal Defense for Drug Charges
When you are charged with any level or type of drug charge in Ohio or Indiana, you need a seasoned criminal defense trial lawyer who knows how to craft a formidable defense. The types and amounts of drugs involved in your charges can make a massive difference in the level of charges and potential penalties. Trial Lawyer Matt Chapel can work to reduce your charges and sentencing and carefully review every aspect of your case to ensure your rights are not violated.
Contact Trial Lawyer Matthew W. Chapel today at (260) 387-6236 or complete the contact form, below, and ask for a FREE consultation concerning any Ohio or Indiana drug charges.
