Indiana Drug Crime Defense Attorneys
Although other states have chosen to legalize certain substances or reduce the penalties for certain offenses, drug-related crimes and charges continue to be viewed as serious offenses with serious penalties in Indiana.
If you or a family member has been charged with a drug-related offense, the sooner you hire an experienced criminal defense lawyer at Harper and Harper, LLC, the better. It is a mistake to wait because you think the charges are not that serious, and our attorneys have more than 100 years of combined experience defending Porter County and northwestern Indiana clients from their criminal charges. We can help you combat your legal issues, no matter what kind of drug charges you are facing.
Types Of Drug-Related Crimes
From possession and manufacturing to drug dealing, Indiana law encompasses a variety of drug-related crimes. Indiana law covers all aspects of illegal drugs, including marijuana. From the sale and transportation of drugs to possession for personal use, drug-related offenses are taken quite seriously in Indiana and can carry serious criminal penalties.
Drug Possession Offenses
Drug possession is considered the act of knowingly or intentionally possessing a controlled substance without a valid prescription. Possessing an item means that you have it on you physically. This could be in a pocket, purse, backpack or even hidden in a sock. In fact, in some cases, a person can be charged with possession if they were seen throwing the substance out a window or on the ground so as to make it appear like it wasn’t in their possession.
Possession charges can carry a significant range of penalties depending on the type and amount of drug found in an individual’s possession. Commonly, the higher the schedule the drug is classified and the greater the quantity of the drug, the more serious the charge.
Charges Related To Dealing Drugs
An individual charged with dealing drugs or controlled substances will face much more severe penalties than someone who is charged with mere possession. Dealing in drugs is defined as anyone who knowingly manufactures or finances the manufacture of drugs as well as anyone who knowingly delivers or finances the delivery of drugs.
Drug Manufacturing Allegations
The manufacturing of controlled substances is a serious crime in the state of Indiana. One of the most common manufacturing crimes is the manufacturing of methamphetamine. While there are charges dealing with other types of drug manufacturing, the ingredients used to make methamphetamine are readily available and can be easier to obtain than ingredients for other types of drugs.
Manufacturing methamphetamine is defined as any person who knowingly manufactures or finances the manufacture of methamphetamine. This can be anywhere from a Level 4 felony offense all the way up to a Level 2 felony offense, depending on the quantity of the drug or if the manufacturing process results in another person’s serious bodily injury or death.
Typical Marijuana Charges
Although the legalization of marijuana is increasingly common in other states, this is not the case in Indiana. Marijuana is still considered an illegal drug in Indiana, and being caught in possession of it can still carry with it serious penalties. Indiana has several laws that address marijuana, including dealing in marijuana and possession of marijuana. Charges can range from a Class B misdemeanor to a Level 5 felony. Contrary to popular belief, being caught with marijuana is not a harmless offense that carries no penalty.
How Indiana Classifies Drugs And Controlled Substances
The state of Indiana classifies drugs into five different “schedules.” Drugs are placed into a designated schedule based on the potential for abuse and whether a drug is approved for any form of legitimate medical use. While Indiana places the drugs themselves into schedules, they also categorize the components used to manufacture those drugs into schedules as well. The penalties assigned for certain drug-related crimes can depend on what schedule the drug is and the amount of the drug found in an individual’s possession. Indiana’s drug classification system is:
Schedule I – Drugs with a high potential for abuse and no accepted medical use or value. Opiates and opiate derivatives.
- Fentanyl
- Hydroxypethidine
- Normethadone
- Codeine-N-Oxide
- Heroin
- Marijuana
- Peyote
- Morphine methylbromide
Schedule II – Drugs with a high potential for abuse and some accepted medical applications, which can result in dependency if abused.
- Raw opium
- Codeine
- Hydrocodone
- Oxycodone
- Morphine
- Cocaine
- Methadone
- Amphetamine
- Methamphetamine
- Pentobarbital
Schedule III – Drugs that have a potential for abuse that is less than a Schedule I or II substance and have some medical use with limited physical dependence but high psychological dependence.
- Anabolic steroid
- LSD
- Dronabinol
- Lysergic acid amide
- Chlorhexadol
- Benzphetamine
- Zolazepam
Schedule IV – Drugs with a lower potential for abuse than Schedule III substances and an acceptable medical use that can lead to limited dependence.
- Barbital
- Clonazepam
- Diazepam
- Fenfluramine
- Flunitrazepam
- Loprazolam
- Methohexital
- Zolpidem (Ambien)
- Tramadol
Schedule V – Drugs that have the lowest potential for abuse and have an accepted medical use. This may include certain medications that contain a very small amount of narcotics.
- Brivaracetam
- Epidiolex
- Medications with less than 200 milligrams of codeine
- Medications with less than 100 milligrams of dihydrocodeine
- Medications with less than 100 milligrams of opium
Penalties For Drug-Related Crimes
Many individuals assume that drug-related crimes aren’t as serious as other types of crimes. That is NOT TRUE. Drug-related crimes are taken very seriously in Indiana. Even being found in possession of a small amount of a controlled substance can result in significant penalties. A drug conviction can mean jail time, probation, fines, and even prison time for more serious offenses.
- Class B Misdemeanor: Up to 180 days in jail, fines up to $1,000
- Class A Misdemeanor: Up to one year in jail, fines up to $5,000
- Level 6 Felony: 6 months to 2½ years in prison (advisory 1 year), fines up to $10,000
- Level 5 Felony: 1 to 6 years in prison (advisory 3 years), fines up to $10,000
- Level 4 Felony: 2 to 12 years in prison (advisory 6 years), fines up to $10,000
- Level 3 Felony: 3 to 16 years in prison (advisory 9 years), fines up to $10,000
- Level 2 Felony: 10 to 30 years in prison (advisory 17½ years), fines up to $10,000
- Level 1 Felony: 20 to 40 years in prison (advisory 30 years), fines up to $10,000
The “advisory” sentence is the starting point a judge uses for that felony level; the judge can move up or down within the range based on aggravating and mitigating factors.
Indiana Drug Felony Levels And Sentences
A common question is what determines whether a drug charge is filed as a Level 6 felony or a much more serious Level 2. For dealing offenses, the felony level generally turns on three things: the type (schedule) of the controlled substance, the aggregate weight involved, and any enhancing circumstances (such as a prior dealing conviction, dealing near a school or park, possessing a firearm, or involving a minor).
For cocaine, methamphetamine, and narcotic drugs like heroin or fentanyl, dealing charges escalate roughly as follows:
- Base dealing offense — a Level 5 felony
- More than 1 gram but less than 5 grams, or under 1 gram with an enhancing circumstance — a Level 4 felony (2 to 12 years)
- At least 5 grams but less than 10 grams, or 1 to 5 grams with an enhancing circumstance — a Level 3 felony (3 to 16 years, advisory 9 years)
- 10 grams or more, or 5 to 10 grams with an enhancing circumstance — a Level 2 felony (10 to 30 years, advisory 17½ years)
So a Level 2 drug felony in Indiana carries one of the harshest non-homicide sentences in the state — a fixed term between 10 and 30 years, with an advisory sentence of 17½ years, plus a fine of up to $10,000. A Level 3 drug felony carries 3 to 16 years (advisory 9 years). Because the weight thresholds and “enhancing circumstances” are often the difference between felony levels, challenging how the drugs were weighed and aggregated, and how the State counts prior conduct, is frequently central to the defense.
Possession offenses follow a similar but lower scale — many begin as a Level 6 felony and increase with greater weight or enhancing circumstances. If you are unsure what level your charge carries or what sentence you may be facing, our attorneys can review the specific statute and the evidence in your case.
Answering Your Questions About Drug Charges
No matter how severe your charges may seem, we can help develop a personalized and creative strategy to pursue the outcome you deserve and answer common questions, such as:
Should I accept a plea deal without a lawyer?
If you have been offered a plea deal without an attorney present, do not accept anything without consulting with one first. We can review your offer and negotiate for one that is better or review your case and determine if you could beat your charges in court.
How can I defend against these charges?
Every defense case is unique, and so are the options of defending a client against their drug charges. We will take the time to review your case and look for defense opportunities like illegal search and seizure, entrapment, lack of evidence, tampered evidence, the substances in question were not illegal, the drugs were not yours, and police error.
Why Choose Harper and Harper, LLC, For Drug Crime Defense?
When facing drug charges, you need attorneys who understand both the legal complexities and personal challenges involved. Here’s what sets our drug defense practice apart:
Specialized Drug Case Experience
Our attorneys focus specifically on drug-related criminal cases and understand the complex laws surrounding controlled substances. Our team knows how to build strong defenses for possession, distribution and trafficking charges.
Thorough Investigation of Drug Charges
Our attorneys will examine every detail of your case, from the initial stop to evidence collection. Our investigation often reveals procedural errors or constitutional violations that can lead to reduced charges or dismissals.
Proven Success Fighting Wrongful Drug Charges
Our track record speaks for itself. Our attorneys have successfully defended countless clients facing drug charges, securing acquittals, dismissals and favorable plea agreements.
Understanding of Local Drug Enforcement
Our team knows how local law enforcement operates and their common tactics. This knowledge helps us identify weaknesses in the prosecution’s case and develop effective defense strategies.
Protecting Your Constitutional Rights
Our attorneys will ensure your Fourth Amendment rights against unreasonable searches and seizures are upheld. If evidence was obtained illegally, we will fight to have it excluded from your case.
Compassionate Approach to Addiction Issues
At Harper and Harper, LLC, we understand that addiction is a medical condition, not a moral failing. We will work to connect clients with treatment resources when appropriate.
Respected Reputation with Prosecutors
Our professional relationships with local prosecutors are built on mutual respect and ethical practice. This reputation often leads to more favorable negotiations and plea agreements for our clients.
We believe in accessible legal representation and maintaining strong professional relationships that benefit our clients. We offer free confidential consultations.
Do Not Face Your Charges Alone
The last thing you should do in any criminal defense case is try to represent yourself. Let our experienced lawyers do the fighting for you. If you have just been arrested, we can also help with your bond and release, and if you are already on supervision, with any related probation violation. Contact our Valparaiso office at 219-762-9538 or email us here to schedule your free initial consultation today.