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Cleveland Heroin Lawyer

Delivering Top-Quality Legal Representation for Heroin-Related Offenses in OH

Heroin is an opioid made from the seed pod of opium poppy plants. People who use it report feeling a rush of euphoria. After continued use, they may need greater quantities of the substance to replicate that initial feeling. It is a highly addictive substance, and because it does not have an accepted medical use, it is categorized as a Schedule I controlled substance – the most dangerous drugs are placed in this group. Heroin has many street names, including black tar, horse, and smack. But regardless of what it's called, any conduct involving the substance is illegal and can result in state or federal charges.

If you've been accused of being involved in a heroin-related offense, our Cleveland attorneys are prepared to challenge the allegations. At Henderson, Mokhtari & Weatherly, we're aware of the life-altering effects a drug crime conviction can have on a person's life, and we can work relentlessly to protect your rights and future. Our team has over 75 years of combined experience and can leverage our collective knowledge and skills in your case to build an effective defense on your behalf. We can put in the time and effort necessary to work toward a favorable result for you.

To speak with us about your case, call us at (216) 220-6776 or contact us online today. Your initial consultation is free.

Ohio's Heroin Laws

Ohio has several statutes prohibiting various types of conduct involving heroin.

These laws include, but are not limited to:

Ohio Revised Code 2925.03 – Drug Trafficking

Under this statute, it is illegal for a person to do any of the following with controlled substances:

  • Sell or offer to sell;
  • Prepare to be shipped, transported, or delivered; or
  • Distribute

If the drug involved is heroin, such conduct is referred to as trafficking in heroin. The offense is a felony, and the degree and penalties imposed depend on how much of the substance was involved and where it was trafficked.

Charges may be levied as follows:

  • Fifth-degree felony:
    • Less than 10 unit doses; or
    • Less than 1 gram
    • Maximum penalties include 12 months in prison and/or $2,500 in fines
  • Fourth-degree felony:
    • Offense committed near a school or child;
    • 10 or more but less than 50 unit doses; or
    • Between 1 and 4 grams
    • Maximum penalties include 18 months in prison and/or $5,000 in fines
  • Third-degree felony:
    • Between 100 and 499 unit doses; or
    • Between 5 and 9 grams
    • Maximum penalties include 36 months in prison and/or $10,000 in fines
  • Second-degree felony:
    • Between 100 and 499 unit doses; or
    • Between 10 and 49 grams
    • Maximum penalties include 12 years in prison and/or $15,000 in fines
  • First-degree felony:
    • Between 500 and 999 unit doses;
    • Between 50 and 99 grams;
    • More than 1,000 unit doses (defendant is designated a major drug offender)
    • More than 100 grams (defendant is designated a major drug offender)
    • Maximum penalties include 16.5 years in prison and/or $20,000 in fines

Ohio Revised Code 2925.04 – Illegal Manufacture of Drugs

Under this law, it's illegal for any person to knowingly manufacture controlled substances or be involved in any part of the production of drugs.

For a Schedule I controlled substance like heroin, the charges and penalties are as follows:

  • Second-degree felony:
    • Up to 12 years in prison and/or
    • Up to $15,000 in fines
  • First-degree felony when the offense is committed near a child or school:
    • Up to 16.5 years in prison and/or
    • Up to $20,000 in fines

Ohio Revised Code 2925.11 – Possession of Controlled Substances

If anyone obtains, possesses, or uses heroin, they could be penalized as follows:

  • Offense involving less than 10 unit doses or less than 1 gram is a fifth-degree felony:
    • Up to 12 months in prison and/or
    • Up to $2,500 in fines
  • Offense involving between 10 and 49 unit doses or 1 and 4 grams is a fourth-degree felony:
    • Up to 18 months in prison and/or
    • Up to $5,000 in fines
  • Offense involving between 50 and 99 unit doses or 5 and 9 grams is a third-degree felony:
    • Up to 36 months in prison and/or
    • Up to $10,000 in fines
  • Offense involving between 100 and 499 unit doses or 10 and 49 grams is a second-degree felony:
    • Up to 12 years in prison and/or
    • Up to $15,000 in fines
  • Offense involving between 500 and 999 unit doses or 50 and 99 grams is a first-degree felony:
    • Up to 16.5 years in prison and/or
    • Up to $20,000 in fines

The crime is also a first-degree felony when it involves more than 1,000 unit doses or more than 100 grams. However, in this instance, the defendant is considered a major drug offender.

The statutes referenced above are just a few of those concerning heroin-related offenses. Depending on the circumstances, other charges may also be levied. For instance, if the defendant had on them an instrument for using the substance, they could be charged with possessing drug paraphernalia.

Federal Heroin-Related Crimes

Federal law prohibits people from making, distributing, or dispensing heroin (as well as other controlled substances). The punishments imposed depend on the amount of the drug involved, the defendant's criminal history, and whether any harm resulted from using the substance.

Potential conviction penalties include but are not limited to the following:

An offense involving 1 kilogram or more of a mixture containing heroin

  • First offense:
    • Between 10 years and life in prison
    • Between 20 years and life in prison if anyone was injured or died from using the substance
    • Up to 10,000,000 in fines if the defendant is an individual
    • Up to $50,000,000 in fines if the defendant is not an individual
  • Second offense:
    • Between 15 years and life in prison
    • Life imprisonment if death or bodily injury occurred from using the substance
    • Up to $20,000,000 in fines if the defendant is an individual
    • Up to $75,000,000 in fines if the defendant is other than an individual

An offense involving 100 grams or more of a mixture containing heroin

  • First offense:
    • Between 5 and 40 years in prison
    • Between 20 years and life in prison if death or bodily injury resulted from the substance's use
    • Up to $5,000,000 if the defendant is an individual
    • Up to $25,000,000 in fines if the defendant is other than an individual
  • Second offense:
    • Between 10 years and life in prison
    • Life imprisonment if using the substance led to another's death or bodily injury
    • Up to $8,000,000 in fines if the defendant is an individual
    • Up to $50,000,000 in fines if the defendant is other than an individual

Thorough Preparation. Aggressive Defense. Personalized Counsel.

At Henderson, Mokhtari & Weatherly, our trial-tested attorneys in Cleveland know how to handle legal matters involving heroin. We will scour every detail of your situation and fight for you in and out of court. Our team is prepared to attack the prosecutor's allegations and ensure you are aware of your case’s progress every step of the way.

We'll be available to you 24/7 and responsive to your needs. Speak with us by calling (216) 220-6776, or fill out an online contact form, and we'll get back to you promptly.

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