What Makes an Ohio Drug Charge “Aggravated”?

Being arrested on charges of drug possession is always a serious matter. However, if the language during your arrest or hearing involved the term “aggravated possession,” you might have felt confused. Is “aggravated” simply a technical legal term, or does it indicate something more severe?

In Ohio, most drug possession charges are classified as misdemeanors. Aggravated possession charges, on the other hand, are classified as felonies. As such, the consequences of conviction are far more severe. Here is what you need to know about what makes an Ohio drug charge “aggravated.”

Possession vs. Aggravated Possession

In Ohio, drug possession charges can be classified as either simple possession or aggravated possession. Simple possession typically refers to the possession of a controlled substance for personal use, with no intent to distribute or sell. This is generally considered a misdemeanor offense, punishable by fines and potential jail time, depending on the specific circumstances.

On the other hand, aggravated possession charges are more severe and are classified as felonies. Aggravated possession charges often involve larger quantities of drugs, possession of drugs in the vicinity of minors or in certain protected areas like schools or parks, or possession of drugs combined with other factors that increase the severity of the offense.

Factors Making a Charge Aggravated

Several factors can elevate a drug possession charge to an aggravated offense in Ohio. These include:

• Possession of a significant quantity of drugs, typically an amount greater than what would be considered for personal use
• Possession of drugs in the vicinity of minors or within the vicinity of a school or other protected area
• Possession of drugs with the intent to distribute or sell
• Possession of drugs in combination with other criminal activities, such as carrying a firearm or committing a theft or burglary
• Previous convictions for drug-related offenses, which can increase the severity of subsequent charges

Penalties for Aggravated Possession

The penalties for aggravated possession depend on the schedule of the drug and the circumstances involved.

Aggravated drug possession of Schedule I and II drugs is generally treated as a fifth-degree felony, although as quantities increase, the level of the felony charge can rise as high as the first degree. An individual charged with aggravated drug possession can face prison time ranging up to 11 years and fines as high as $20,000. Even these penalties may be increased depending on the circumstances.

How Our Attorneys Can Help

If you are facing charges of aggravated drug possession, the attorneys at DiCaudo, Pitchford & Yoder can offer you a robust defense to maximize the chances of a favorable result. We may be able to:

• Challenge the legality of the police search or seizure
• Argue that you are the victim of entrapment
• Demonstrate that you were not in constructive or actual possession of the drugs
• Argue that you did not have knowledge of the drugs

With over 20 years of experience defending clients in Ohio, we can use our knowledge and skills to defend your rights and liberty. Contact us today for a free consultation.