Arrested for cocaine possession? Contact Koffel Brininger Nesbitt!
If you were arrested for cocaine possession or another related offense, your Columbus drug crimes lawyer can fight for your rights in hopes of getting your charges dismissed or reduced. The charges against you may be intimidating and leave you worried about what the future may hold. But with an experienced criminal defender on your side, you can feel empowered and confident as you fight to clear your name of the allegations against you.
Get a tough defense for drug charges when you contact Koffel Brininger Nesbitt. At our firm, we believe in advocating for second chances, which is why we often petition for treatment in lieu of prison time. Connect with a highly skilled Columbus cocaine possession lawyer today to discuss potential consequences defense strategies, and learn more about what to expect from your arrest and the criminal court process.
For a free legal consultation with a cocaine lawyer serving Columbus, call 614-884-1100
Ohio Schedule of Controlled Substances
Ohio’s Schedule of Controlled Substances categorizes illicit drugs and prescription medications into Schedules based on their accepted medical use and propensity for addiction and abuse. There are five Schedules of Controlled Substances. Cocaine is considered a Schedule ll drug, which is the second most severe drug class in the United States (with Schedule I being the highest, which includes drugs like heroin and LSD).
Sentencing for drug crimes in Ohio, in part, depends on the Schedule. Most often, possession of a Schedule lll, lV, or V drug will result in less serious penalties than a conviction for possession of a Schedule l or ll drug. The greater the amount of the controlled substance in question, the harsher the penalties could be. A dedicated Columbus criminal defense lawyer from KBN can further explain to you about the penalties.
Columbus Cocaine Lawyer Near Me 614-884-1100
Cocaine Possession Charges in Columbus
If you are charged with possession of cocaine, the state is alleging that you were in possession of a Schedule ll controlled substance that includes cocaine, but derivatives, compounds, isomers, and crack cocaine in addition to powder cocaine. Cocaine possession is a felony of the fifth degree in Ohio, but if you were found to have five grams of cocaine or more, it is a fourth-degree felony.
Possession of between 10 and 20 grams of cocaine is considered a third-degree felony. The charges get more serious as the amount of heroin in your possession increases. Possession of between 27 and 100 grams of cocaine is typically tried as a first-degree felony, with these charges carrying the most serious penalties.
The Elements of a Cocaine Possession Offense
It is not enough to find cocaine on your person to secure a guilty verdict. Ohio Rev. Code §2925.11(C)(4) is clear. The state’s prosecuting attorney must prove beyond a reasonable doubt that you:
- Were in possession of cocaine
- Intended to possess cocaine
- Knew that the substance you were possessing was cocaine
One of the most common defenses used to challenge cocaine possession and charges is constructive versus actual possession. If you are in actual possession of cocaine, this means the cocaine was found on you physically, whether that be in your pocket, backpack, purse, or vehicle; however, possession can also be constructive, which means it may not have been on your person, but it was found in a location where you were easily able to access it. Your cocaine possession attorney in Columbus will ensure the prosecutor knows if you were unwittingly in possession of cocaine (where applicable) and work tirelessly to get the drug charges against you dismissed or reduced to a less severe offense.
Charges Related to Cocaine Possession
Cocaine possession is just one of several cocaine-related criminal offenses you could be charged with. Your cocaine possession lawyer in Columbus is also prepared to defend against any other drug or cocaine charges tied to your possession case. This might include:
- Trafficking and Selling Drugs (§2925.03 ORC) – Cocaine trafficking is generally considered a fifth-degree felony as long as the amount of cocaine does not exceed 10 grams. At that point, charges could be increased to a first-degree felony if the amount of cocaine is between 27 and 100 grams. Trafficking in cocaine is a felony of the fifth degree.
- Illegal Manufacture of Drugs (§2925.04 ORC) – Illegally manufacturing of a Schedule II is a second-degree felony under Ohio law. This can be elevated to a first-degree felony if the incident occurred within the vicinity of a school or in front of a child.
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The Penalties of a Cocaine Possession Conviction Can Be Devastating
If you are found guilty of a drug possession offense, the consequences could be life-changing. The severity of your charges will depend on the amount of cocaine and question and whether any aggravating or mitigating factors apply. Potential penalties could include:
- Up to 11 years in prison
- Fines of up to $20,000
- Suspension or revocation of your professional license
- Community service
- Probation restrictions
- Court order drug treatment
Your Columbus cocaine possession attorney will also work with the prosecutor to determine whether pre-trial diversion is available in your case. If it is, you may be able to avoid going forward with a criminal trial once you fulfill the terms of your plea agreement. However, if you do not qualify for pre-trial diversion, you can rely on your criminal defense lawyer to advocate for your liberties with a compelling defense strategy before a judge and jury.
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Trust in Our Columbus Criminal Defense Law Firm. Call Koffel Brininger Nesbitt for a Confidential Consultation Today
If you are facing cocaine-related drug charges, it is best to involve a premier Columbus cocaine possession lawyer as soon as possible. Koffel Brininger Nesbitt, based in Columbus, represents clients throughout the state of Ohio. We have been voted one of the “Best Law Firms” in the region by US News for five consecutive years, and lead Attorney Brad Koffel was rated one of the “Top 10 Criminal Defense Attorneys in Ohio” by the NACDA.
Have us put our decades of criminal defense experience to work for you when you need a dedicated legal advocate to help you protect your future. Are you ready to schedule your confidential defense strategy session? Complete our secured contact form or call us to get started on your criminal case as soon as today.
Call or text 614-884-1100 or complete a Free Case Evaluation form