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Seth R. Smith - Attorney at Law logo
4.6 stars | 51 reviews

Your Partner in
Felony Defense

The Law Office of Seth R. Smith LLC
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The Law Office of Seth R. Smith LLC|33 West Main Street, suite 108, Newark, OH 43055|(740) 739-7451

Gun Offenses

Gun crimes are a prosecutor's bread and butter. Don’t make the mistake of just admitting to the charge. Fight. We work with you to strategize the best defense possible.

Gun on a wooden table

Having a Weapon While Under Disability

It is a felony in the state of Ohio to have, carry, or use a firearm if under a legal disability. Having a Weapon under Disability is a felony of the third degree.

Disability occurs when a person falls into one of the following categories:

  • the person is a fugitive from justice;
  • the person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence;
  • the person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse;
  • The person is drug dependent, in danger of drug dependence, or a chronic alcoholic; or
  • The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
young people clinking pints of beer in a toast

Using a Weapon While Intoxicated

Under Ohio law, no person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance. Doing so is a misdemeanor of the first degree.

Gun on the seat of a car

Improperly Handling a Firearm in a Motor Vehicle

Under Ohio law, it is illegal to discharge or transport a firearm in a motor vehicle except in specific instances. The statute is wildly complicated.  If you are charged with this, call immediately. Depending on how the gun is transported, this can be charged as either a felony of the fourth degree or a felony of the fifth degree.

Man holding up a gun above other guns on a table

Unlawful Transaction of Weapons

It is illegal in the state of Ohio to sell, lend, give, or furnish anyone under disability, as described above, a firearm. To do so is a felony of the fourth degree.

Your Choice

For Drug Defense

Drug cases are a passion for me. My first case ever was a Major Drug Offender (MDO) case. I’ve been obsessed ever since. All of my free time is spent researching strategies from all over the country to combat these charges. Let me bring that obsession to your defense.

Person being handcuffed while holding a baggie of pills

Drug Offenses, Generally

In Ohio, having any Schedule I or II drug in your possession is a felony. Having more than 199 grams of marijuana is a felony. 

These felonies often result in prison time, fines, probation, and many other collateral consequences.

pills spilling out of a prescription bottle

Possession vs Trafficking

The possession of drugs is pretty self-explanatory. Trafficking is when it gets a little tricky. When prosecutors believe they can prove you sold, shipped, transported, or delivered controlled substances that were intended to then be sold to others, you will often be charged with trafficking or aggravated trafficking in drugs. 

marijuana with rolled spliffs

Penalties for Drug Crimes

So here’s the deal, sentencing for drug crimes is complex. So much of it depends upon the drug, the amount, where you possessed it, whether you intended to sell it, etc. I intend to make a chart one day. Unfortunately, today isn’t that day. In the meantime, call me for any questions on the penalties for drug crimes.  

If you don’t believe me, here is a “simple” chart the Supreme Court of Ohio made. Enjoy.  

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