Ohio Criminal Law

Criminal statutes in Ohio provide a code of unacceptable behavior and corresponding punishments. Although not exhaustive, the sections below discuss some of the important and common crimes in Ohio. The sections are meant to provide an introduction and basic information; contact an Ohio defense attorney if confronted with a criminal charge.

Drug Possession in Ohio

In Ohio, it is illegal to traffic or possess controlled substances including, but not limited to, marijuana, cocaine, methamphetamines, hallucinogens, heroin, and various painkillers or steroids. If arrested, the criminal punishment will vary depending on the nature and quantity of the drug, and the intent of the possessor.

  • Marijuana Offenses in Ohio
    • Possession of Marijuana in Ohio
      • small quantities is a minor misdemeanor punishable by a fine
      • greater than 200 grams of marijuana, than the possession becomes a felony and can be punishable by community service, or a term in jail depending on the quantity of marijuana
    • Sale of Marijuana in Ohio
      • sale of any quantity is a felony
      • sale of more than 200 grams, or sale in the vicinity of a school, has a potential of resulting in jail time lasting one or more years
      • large quantities of marijuana sales over 5000 grams, face 2 –10 years depending and a fine up to $20,000 depending on the quantity of the sale
  • Narcotics Offenses in Ohio
    • Possession of Dangerous Narcotics in Ohio
      • cocaine, heroin, or methamphetamines is a felony regardless of the quantity possessed
      • lesser amounts in possession may result in community service, jail time less than 1 – 4 years, and a fine up to $10,000
      • any amount over 100 grams, the possessor will be facing anywhere from 6 – 10 years in prison and a $20,000 fine.
    • Sale of Narcotics in Ohio
      • likely result in jail time for even small amounts
      • trafficking 1 – 5 grams of dangerous drugs such as cocaine, crack cocaine, or heroin can face anywhere from 1 – 5 years and a $10,000 fine depending on the quantity and type of drug
    • quantities over 25 grams, Ohio criminal law punishes sales with possible sentences of 10 years and fines of $20,000

Ohio drug laws, particularly in regards to narcotics, can be very serious. If arrested, contact an Ohio criminal defense attorney.

Assault in Ohio

In Ohio, it is illegal to intentionally cause, attempt to cause, or recklessly cause physical harm to another. If someone does so, it is considered assault and is punishable by a sentence of up six months in prison and/or a fine up to $1,000.

For violent assaults that create serious physical harm to another person, the assault can be considered aggravated assault in Ohio and be elevated to a felony punishable by a prison sentence of one – five years and a fine up to $10,000.

If the assault is committed with a weapon it can be considered a felonious assault in Ohio and is punishable by two – eight years and a fine up to $15,000.

For specific questions regarding an assault charge, contact an Ohio criminal defense attorney.

Ohio Drunk Driving – DUI

A DUI in Ohio is a matter to be taken very seriously as it can result in suspension or loss of license for six months to a year, jail time, substantial fines, and mandatory alcohol counseling. First time DUI offenders in Ohio spend three days to one week in jail, and with each subsequent DUI will increase that time. If arrested for a DUI in Ohio, keep in mind that the penalties are strict regardless of the circumstances, and contact an Ohio DUI attorney.

Right to Jury in Ohio

An accused in Ohio has the right to a trial by jury unless the offense is a minor misdemeanor or does not carry the possibility of jail time or fine over $1,000. For petty offenses, an accused must affirmatively exercise the right to a jury by written demand at least three days prior to the start of the trial. For more serious offenses, an accused may waive the right to trial via a written waiver to the court. For questions about right to jury and jury demand or jury waiver in Ohio, contact an Ohio defense attorney.

Trial Dates in Ohio

After being arraigned in Ohio, a Court will set a trial date within 30 days. The trial date may be extended or continued “as the ends of justice require,” which means that additional time can be given to prepare for the trial by acquiring proper counsel, gathering evidence and witnesses, or other necessary delays at the discretion of the Court.

Sentence Review / Appeals in Ohio

Post-conviction, a defendant in Ohio may file an appeal on either the judgment or the sentence imposed. A defendant may file an appeal of the sentence for a number of reasons under Ohio law. An appeals court may or may not overturn the conviction or reduce the sentence. If the appeals court finds an error, a defendant may be entitled to a new trial based on the ruling on appeal.

Ohio Revised Code

Click here for the Ohio criminal statutes:

  1. Drug Possession in Ohio
    • Ohio Revised Code, Title 29: Crimes – Procedure, §§ 2925.03, 2925.11
  2. Assault in Ohio
    • Ohio Revised Code, Title 29: Crimes – Procedure, §§ 2903.11 – 2903.13
  3. Ohio Drunk Driving – DUI
    • Ohio Revised Code, Title 45: Motor Vehicles, §§ 4511.19, 4511.194
  4. Right to Jury in Ohio
    • Ohio Revised Code, Title 29: Crimes – Procedure, §§ 2945.05, 2945.17, 2945.17, 2938.04
  5. Trial dates in Ohio
    • Ohio Revised Code, Title 29: Crimes – Procedure, §§ 2945.02, 2945.72
  6. Sentence Review / Appeals in Ohio
    • Ohio Revised Code, Title 29: Crimes – Procedure, §§ 2953.02, 2953.08
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