If you are facing drug charges in Indiana, you likely know that a conviction can have serious consequences. Whether you’re facing allegations of illegal possession, distribution, or drug trafficking, defending yourself is challenging and exhausting. A Zentz Law Indianapolis Drug Crime Lawyer helps people fight drug charges.. We are here to help you.
What Offenses Warrant a Drug Charge in Indiana?
In Indiana, there are dozens of separate offenses that can lead to drug possession charges, including:
Constructive Possession/Simple Possession/Actual Possession: Holding an illegal substance for personal use or distribution on your person or your property is considered controlled substance possession.
Drug Dealing: Selling or transferring controlled substances to others.
Manufacturing: Producing certain controlled substances, such as methamphetamine or other illegal drugs.
Drug Trafficking: Transporting controlled substances across state or national borders.
Possession of Drug Paraphernalia: Possessing equipment or materials used for manufacturing, packaging, or using drugs.
Prescription Drug Fraud: Obtaining or distributing prescription drugs unlawfully, such as through forging prescriptions or getting prescriptions from more than one practitioner’s professional practice.
Operating a Drug House: Maintaining a property used for manufacturing, distributing, or using drugs.
Driving Under the Influence (DUI) of Drugs: Operating a vehicle while under the influence of drugs.
Conspiracy: Planning or conspiring with others to commit drug crimes, including a practitioner acting as a supplier.
Child Endangerment: Engaging in drug-related activities in the presence of minors or exposing them to harmful substances.
Life-changing drug charges can result from one or two separate offenses, ranging from misdemeanors to felonies.
How Does Indiana Categorize a Controlled Substance?
A controlled substance is defined under Indiana Code 35-48-1-9 as any “drug, substance, or immediate precursor in Schedule I, II, III, IV, or V.”
These schedules include the following broad categories of drugs:
Schedule I — Substances like heroin, marijuana, ecstasy, and LSD have the highest potential for abuse and addiction.
Schedule II — Opioid painkillers and stimulants like cocaine, crack, methamphetamine, and PCP possess a high risk for abuse and addiction but have some legal medical uses.
Schedule III — Low doses of codeine, anabolic steroids, and ketamine have a moderate potential for abuse and addiction yet are recognized for their accepted medical applications.
Schedule IV — Medications such as Ambien, Xanax, Valium, and Darvocet are characterized by a low risk of abuse and addiction, coupled with recognized medical use.
Schedule V — This category comprises substances with the least potential for abuse and addiction compared to other schedules while still maintaining recognized medical utility.
Zentz Law Indianapolis Defense Attorneys are here to help. Contact today for a free evaluation.
What Happens When People Are Convicted of Drug Crimes?
Drug crimes are taken extremely seriously in Indiana. Even being found in possession of a small amount of a controlled substance could result in significant penalties.
Penalties for drug offenses hinge on several factors, including the drug involved and the amount of the drug, your criminal background, and the specifics of the incident.
Convictions can mean jail time, probation, fines, and even prison time for more serious offenses.
Here’s a general breakdown of the categories of an Indianapolis drug crime class and correlating penalty:
Class B Misdemeanor Drug Crime
Up to 180 days in jail
Fines up to $1,000
Level 4 Felony Drug Crime
2 to 12 years in prison
Fines up to $10,000
Class A Misdemeanor Drug Crime
Up to 1 year in jail
Fines up to $5,000
Level 3 Felony Drug Crime
3 to 16 years in prison
Fines up to $10,000
Level 6 Felony Drug Crime
6 months to 2 ½ years in prison
Fines up to $10,000
Level 2 Felony Drug Crime
10 to 30 years in prison
Fines up to $10,000
Level 5 Felony Drug Crime
1 to 6 years in prison
Fines up to $10,000
Level 1 Felony Drug Crime
20 to 40 years in prison
Fines up to $10,000
Additional Consequences of Felony Drug Convictions
Indiana has three levels of felonies depending on the severity of the drug crimes: Level 1, Level 2, and Level 3.
A conviction for any felony level may result in various sentences, such as prison time, electronic home detention, community corrections (house arrest), or probation.
In addition to those consequences, having a drug-related felony on your permanent criminal record can have a devastating impact on a person’s life.
Some of the post-incarceration consequences of a drug felony include:
Unable to vote until all terms of their sentence (including probation) have been met.
Inability to legally own or carry firearms.
Unable to serve on a jury.
Job restrictions (unable to work with children, in banks, or as law enforcement officers).
No social security contributions while incarcerated makes it difficult to get disability or social security payments.
Are There Any Special Circumstances That Impact Sentencing?
In addition to the sentencing factors above, some conditions will increase or decrease the severity of your sentence.
Circumstances that may lead to more severe punishment:
Quantity of Drugs: The amount of drugs involved can significantly impact your sentence. More drugs typically lead to harsher penalties.
Class of Drugs: Serious drugs like cocaine, heroin, ecstasy, and LSD lead to severe sentencing.
Role of the Defendant: When Indianapolis drug crimes involve others, like a drug trafficking ring or organized crime, the higher the responsibility the greater the punishment.
Location of Drug Crime Cases: Additional penalties can be added to the basic charges if the crime occurred near a school, public park, school bus, or public housing.
Involvement of Children: Severe penalties can be levied when drug crimes occur when children are present or if a minor is coerced to participate.
Use of a Firearm: Possessing a firearm during drug crimes brings additional consequences.
Circumstances that can lead to less severe punishment, even though some of the same circumstances that would normally require serious penalties:
Rehabilitation Efforts: Showing progress in personal growth or overcoming addiction through programs like drug treatment or counseling can lead to a more lenient sentence.
Personal Circumstances: Factors like mental health challenges, financial difficulties, or family responsibilities contributing to the offense may lessen culpability and result in reduced sentencing.
Clean Criminal Record: The legal system can consider a lack of prior convictions favorably and may result in a lighter sentence.
Other Justifying Factors: Cooperation with Indiana law enforcement officials, expressing remorse, or making positive contributions to the community can also create a more favorable outcome.
To understand the possible consequences of your drug charges, contact a Zentz Law Indianapolis drug crime lawyer today.
How Can Skilled Indianapolis Drug Crime Lawyers Help?
The state has to prove its criminal case to convince the courts a conviction is warranted. Defense attorneys will challenge the criminal charges by identifying evidence gaps, errors by the arresting officer or drug crime lab, and any constitutional rights violations.
Some of the strategies your Indianapolis drug crime lawyer may use to defend you include:
Unlawful search & seizure: Challenging unlawful search and seizure involves arguing that law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure, rendering any evidence obtained inadmissible in court.
Drugs do not belong to you/Lack of possession: Asserting that the drugs do not belong to you or demonstrating a lack of possession casts doubt on your culpability in the alleged drug crimes.
Unwitting possession: Claiming unwitting possession entails asserting that you were unaware of the illicit nature of the substance or that it was in your possession, possibly due to factors such as misplaced items or manipulation by others
Not a controlled substance: Arguing that the substance in question is not a controlled substance involves challenging the prosecution’s claims regarding the substance, potentially leading to the dismissal of the drug crime charges.
Missing evidence: Citing missing evidence involves highlighting the prosecution’s failure to prove guilt beyond a reasonable doubt.
Immunity: Seeking immunity involves negotiating with authorities for immunity from prosecution in exchange for providing valuable information or cooperation in an investigation.
Duress/Coercion: Claiming you were forced or coerced into the drug-related offense under threat of harm may serve as a mitigating factor in your drug crime defense.
Insufficient evidence: Contesting insufficient evidence involves challenging the prosecution’s case by demonstrating a lack of probable cause.
Prescription defense: This involves demonstrating you possess drugs legally with a valid prescription from a licensed healthcare provider, negating any criminal intent or wrongdoing.
Entrapment: Claiming entrapment involves asserting that law enforcement induced or encouraged you to commit the drug-related offense, which may serve as a drug crime defense if you can prove that you were not predisposed to commit drug crimes.
Planted drugs: Asserting that the drugs were planted involves alleging that law enforcement unlawfully planted the drugs on your person or property.
If you have questions about whether a criminal defense may potentially apply to your case, contact Zentz Law for a free consultation.
Don’t Wait, Schedule a Free Case Evaluation from an Indianapolis Drug Crime Attorney
If you have been charged with a drug-related offense, the time to hire a skilled Indianapolis drug crime lawyer is now. From the very beginning of the legal process, we will build comprehensive criminal defense strategies to help you fight back.
You deserve a quality legal team that has your back. Zentz Law stands ready to help: 317-220-6056.