Under Indiana drug laws, the act of drug dealing covers a wide range of activities, which means drug dealing charges can come out of the blue. In many cases, the police rely on circumstantial evidence to pursue arrests.

A reputable Indiana drug deal charges defense lawyer will analyze the prosecution’s case against you to identify its weaknesses. You deserve the vigorous defense that Allison Chopra can provide. Contact Chopra Criminal Defense today online or at (812) 671-0103 to schedule a free consultation.

Indiana Drug Dealing Laws

Indiana’s drug dealing laws (IN Code § 35-48-4-1) cover the following activities:

  • Manufacturing
  • Delivery
  • Financing the delivery
  • Possession with the intent to deliver

You do not need to physically hold a substance to possess or deliver it. Having someone else do it for you can qualify as “drug dealing” in some cases.

Additionally, it’s likely that the police will not directly observe you dealing drugs in many situations. Instead, they will attempt to find drugs on you alongside other evidence that implicates you in dealing them.

They may look for:

  • Prepackaged drugs
  • Baggies
  • A scale
  • Text messages to or from customers
  • Cash

Prosecutors will present these forms of circumstantial evidence as proof of your intent.

Drug Schedules in Indiana

The following classifications of drugs determine the penalties you may face for dealing in Indiana:

Schedule I

Schedule I drugs have high risks of abuse with no medical uses. They include substances like heroin, marijuana, LSD, and MDMA.

Schedule II

Schedule II drugs have high risks of abuse but have medical uses. Opiates (synthetic or otherwise), methamphetamines, and cocaine appear on this schedule.

Schedule III

Schedule III drugs pose a low risk of dependence and have accepted medical uses. Anabolic steroids and anesthetics fall under Schedule III.

Schedules IV and V

Schedule IV and V drugs have the lowest addiction risk. These schedules cover most remaining prescription drugs that pose at least some risk of abuse, such as Xanax and Valium.

Indiana Drug Dealing Penalties

Indiana has different offense levels depending on the drug allegedly being dealt. The level of offense also depends on whether an enhancing circumstance applies. These include the following:

  • Having a prior drug conviction
  • Carrying a gun
  • Dealing on a school bus, in a park, or near a school when minors are expected
  • Dealing to someone under 18 while being at least three years older than them
  • Dealing in the presence of a child
  • Dealing in a jail or rehab facility

In response to these circumstances, prosecutors can charge accused drug dealers with the following offenses:

Level 2 Felony

The most severe charge that can be brought forth for dealing drugs is a Level 2 felony. Such a charge applies when large amounts of heroin, narcotics, and meth are dealt or when moderate amounts of these drugs are dealt alongside an enhancing circumstance. A Level 2 felony drug dealing conviction carries a ten-to-30-year prison term and a fine of up to $10,000.

Level 3 Felony

Level 3 felony charges apply to lesser amounts of narcotics, heroin, or meth. Convictions can result in a sentence of six to 20 years in prison and a fine of up to $10,000.

Level 4 Felony

Level 4 felony charges apply to small amounts of narcotics, heroin, or meth and moderate amounts of other Schedule I, II, or III drugs. The penalty for a Level 4 felony is anywhere between four and twelve years in prison, as well as a fine of up to $10,000.

Level 5 Felony

Level 5 felonies are the highest level for marijuana dealing and the lowest level for heroin, narcotics, and meth. They carry sentences of anywhere between two and eight years in prison and a fine of up to $10,000.

Level 6 Felony

Level 6 is the lowest-level drug-related felony. It applies to small amounts of Schedule I, II, or III drugs and large amounts of marijuana. The penalty for a Level 6 felony is up to a year and a half in prison and the same $10,000 in fines as the previous felony classes.

Class A Misdemeanor

Dealing small amounts of Schedule IV or V drugs, marijuana, or hash can result in receiving Class A misdemeanor drug dealing charges. The penalties for a Class A misdemeanor can include as much as a year in jail and up to $5,000 in fines.

Class B Misdemeanor

These misdemeanors are the lowest level of offense for drug dealing charges. The penalties for a Class B misdemeanor generally include up to 180 days in jail and a $5,000 fine.

Additional Consequences of a Drug Dealing Conviction

In addition to incarceration and fines, a drug distribution conviction will appear on a criminal background check.

If you’re convicted of a drug dealing crime, you may face challenges landing a job or renting a home. Felonies can also affect your ability to receive government assistance or professional licenses.

Let Allison Chopra Defend You Against Drug Dealing Charges in Bloomington

Allison Chopra is a drug deal charges defense lawyer who can raise several defense strategies against the charges leveraged against you. She will point out the prosecutor’s lack of evidence proving your intent, as well as present exculpatory evidence showing you did not intend to deal drugs.

Finally, if the drugs were recovered in an illegal search of your home, vehicle, or body, the resulting evidence may be thrown out.

These defenses may secure a dismissal or reduced charges for drug possession that results in reduced sentencing.

FAQs About Indiana Drug Dealing Charges

How Does Indiana Prosecute Drug Charges?

If the police catch you carrying a controlled substance, they will weigh it to determine whether they can arrest you for dealing. The threshold weight for possession with intent to distribute is 28 grams.

Do I Need a Criminal Defense Lawyer for Drug Charges?

You can always defend yourself against drug trafficking charges, but a lawyer will have the experience and knowledge to get them dismissed or reduced. They will also have relationships with expert witnesses who can help fortify your case.

What Does a Drug Deal Charges Defense Lawyer Do?

A defense lawyer will listen to your side of the story before gathering the evidence and legal arguments necessary to get a fair outcome for your charges. Depending on your goals, they will work diligently to negotiate a plea bargain or fight the charges at trial.

Don’t Wait to Fight a Drug Dealing Charge. Call Chopra Criminal Defense Now.

Indiana drug dealing charges can carry hefty penalties, including incarceration for upwards of decades. Contact Chopra Criminal Defense to discuss your charges and the defenses we can assert.