A personal injury lawyer may be required if you are involved in a car accident, and a Will lawyer may be needed if you need help with your estate planning. A criminal lawyer is necessary if you face charges for a misdemeanor, felony, or both. A misdemeanor charge can lead to a fine or less than one year in prison; however, felony charges could result in more than one year in jail. A criminal lawyer may be required for several different types of charges.
Here are ten types of misdemeanors.
- Marijuana possession (in Ohio)
- First offense possession of other types of drugs
- Disorderly Conduct
- Simple assault
- Public intoxication
- Reckless driving
- Petty theft
These misdemeanor charges may be of interest to you.
Q: What is the difference between petty theft and grand theft? (Grand theft is a felony).
The value of the stolen item determines the difference between grand theft and petty theft in Ohio. Petty theft is a first-degree misdemeanor for services or property less than $1,000. If the items stolen were drugs or guns, even a tiny amount could result in a felony charge. These charges can be increased if the victim is a person with a disability, an active military member, or an older adult. First-degree misdemeanors can result in 180 days imprisonment and up to $1,000 in fines. Court costs and attorney fees are also possible. There is only one level of theft: “Petty theft” or “Grand theft.”
Q: What’s the difference between “simple assault” or “aggravated assault,” a felony?
In Ohio, there are four types: simple, negligent, and felony. Simple assault refers to “knowingly causing or trying to cause physical injury to another person or another’s a child” or “recklessly inflicting serious physical harm on another person or another’s a child.” Negligent assault involves using deadly weapons, such as a gun or knife. Because it is more common in nature, the punishments for negligent assault are often less severe than those for simple assault. Felony assault is a serious offense that elevates the severity of physical harm to “serious injury,” whether or not the victim has a weapon. Aggravated assault is the same as felony assault, but the accused does serious harm while “under a sudden passion or in an act of rage.” Afflicted assault penalties can be up to $5,000, while felony assault penalties can go up to $20,000
Q: Can you charge me a felony for a drug I have used?
Each state has its drug laws, and Ohio is not an exception. Ohio Revised Code Section 2925.11 defines possession as “knowingly possessing, possessing, and using a controlled substance.” Ohio categorizes controlled substances in one of five “schedules.” Schedule I is the most serious, while Schedule V is the least serious.
Schedule V drugs include cough suppressants and anti-diarrheal medications. There is minimal risk of abuse. Schedule IV drugs include Xanax and Valium, and Ambien is another example. Again, they have been proven safe for medical use. Schedule III drugs, which include anabolic steroids or Ketamine, have a slightly higher risk of abuse and dependence.
You may be surprised at the Schedule II and Schedule I classifications. Schedule II is the safer classification and includes methamphetamines, oxycodone, fentanyl, and methamphetamine. Schedule I, which is the most dangerous in Ohio, contains heroin, LSD, and marijuana. These are just thirteen felonies.
- Intent to distribute illegal drugs (particular amounts or types)
- Possession of certain drugs
- Grand larceny
- Grand theft
- Aggravated assault