R.C. 2923.24 makes it an offense to possess or control any device, instrument, or article with purpose to use it criminally. Because the “tools” are usually ordinary, lawful items, the entire charge rests on the intended criminal use. It is generally a first-degree misdemeanor, rising to a fifth-degree felony when the circumstances show the item was intended for use in a felony.
Possessing criminal tools is almost always a companion charge — added to a theft, drug, or burglary allegation. Defeating the underlying intent typically defeats this count along with it.
How Ohio Classifies & Punishes Possessing Criminal Tools
| Circumstance | Classification | Exposure |
|---|---|---|
| Possessing criminal tools (general) | Misdemeanor 1 | Up to 180 days; up to $1,000 |
| Circumstances show intended felony use | Felony 5 | 6–12 months prison |
How We Defend Possessing Criminal Tools Charges
An arrest is an accusation, not a verdict. Our defense of a possessing criminal tools charge begins with the questions the State would rather not answer:
- Whether the State can prove criminal purpose for an otherwise-lawful item.
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Whether the item had an obvious innocent use in context.
- Whether any search of your person, car, phone, or home complied with the Fourth Amendment — illegally obtained evidence can be suppressed.
- Defeating the underlying offense the tools allegedly served.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to possessing criminal tools cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Possessing Criminal Tools — Common Questions
Can ordinary objects be 'criminal tools'?
Yes — but only if the State proves you possessed them with purpose to use them criminally. Since the items are usually lawful (tools, phones, vehicles), that intent element is the whole case and is highly contestable.
Is possessing criminal tools a felony?
It's generally a first-degree misdemeanor, becoming a fifth-degree felony when the circumstances indicate the item was meant for use in a felony.
It's usually charged with something else — does that matter?
Yes. Possessing criminal tools is typically a companion to a theft, drug, or burglary charge. Defeating the underlying offense usually knocks out the tools count as well.
Talk to a White-Collar & Other Crimes Defense Attorney Today
If you or someone you love is facing a possessing criminal tools charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.