April 2, 2025 | Drug Crimes
Aggravated possession is a more serious form of illegal possession of certain controlled substances. In Ohio, aggravated possession can carry significant jail time and much more severe consequences than simple possession. If you are charged with aggravated possession, you should immediately consult with a criminal defense attorney for help. Prosecutors take these charges very seriously, and a conviction can upend your life.
Elements of Aggravated Possession
A person may be charged with aggravated possession if they possess a Schedule I or II substance. Schedule I and II substances are considered the most dangerous drugs. There are a few exceptions. The exceptions are for:
- Marijuana
- Cocaine
- LSD
- Heroin
- Fentanyl-related compounds
- Hashish
- Controlled substance analogs
Possession of a drug means that a person knowingly obtains, possesses, or uses a controlled substance. It does not apply to people who have a valid prescription.
What Is the Bulk Amount?
The severity of an aggravated possession charge depends on the amount of drug that someone possesses. The code refers to this as the bulk amount. The bulk amount is different for every controlled substance. You can find the bulk amount listed in the Ohio Revised Code.
What Is the Penalty for Aggravated Possession?
Aggravated possession is always a felony offense. The felony grade can be more or less serious depending on the quantity of the drug. The penalties can include jail time, fines, and probation. It may also include collateral consequences like loss of employment, housing, and certain rights.
First Degree Felony
Aggravated possession is a first-degree felony if the amount of drugs is fifty times or more than the bulk amount. If the amount is 100 times or more than the bulk amount, then it is also a first-degree felony. The punishment for a first-degree felony aggravated possession is a mandatory prison term between three and eleven years.
Second Degree Felony
Aggravated possession is a second-degree felony if the amount of the drug is five to fifty times the bulk amount. The punishment is a mandatory prison term between two and eight years.
Third Degree Felony
If the amount of the drug is more than the bulk amount but less than five times the bulk amount then it is a third-degree felony. The punishment is between one and five years in prison. While a prison term is not mandatory, it is presumptive. This means that the judge will presume a prison sentence is appropriate.
Fifth Degree Felony
If the amount of the drug is less than the bulk amount then it is a fifth-degree felony. The penalty is six to twelve months in jail but jail time is not mandatory. A person may be sentenced to probation and drug treatment instead of a jail sentence, for instance.
What Are the Defenses To Aggravated Possession?
The same defenses that apply in traditional possession cases also apply in aggravated possession cases. These include:
- Lack of knowledge or intent
- Entrapment
- Not a controlled substance
- Not a controlled substance that supports an aggravated possession charge
- The quantity does not support an aggravated possession charge
- Illegal search or seizure
- Failure to meet the burden of proof
A defense attorney can help you identify the strongest defense in your case. In some instances, you have more than one defense available. This can create a powerful argument against a conviction.
Contact a Criminal Defense Attorney As Soon As Possible
If you are being charged with aggravated possession, you must speak with an attorney right away. These are very serious charges, and in some instances, a defendant may be treated as a serious drug trafficker. A lawyer can help you understand the charges and begin the fight for your freedom.
Contact the Cincinnati Drug Crimes Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the drug crimes attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
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Cincinnati, OH 45202
(513) 333-0014
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