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Facing Drug Dealing Charges in Indiana? 

Everything You Need to Know about Facing Drug Dealing Charges in Indiana  

For those facing drug dealing charges in Indiana, it’s important to understand that the potential consequences are among the most severe. If convicted of drug dealing charges in Indiana, you could face up to 30 years in prison. Therefore, whether the charges have already been placed against you or you are currently under investigation for drug dealing, you should speak with an experienced Indiana criminal defense attorney immediately. Time is of the essence, as your entire future is at stake.   

If you’d like to begin building your defense, the Indiana criminal defense attorneys at Keffer Hirschauer LLP at Keffer Hirschauer stand ready to represent you. Our team is made up of former deputy prosecutors with experience on both sides of the criminal justice system. They will strategically manage all evidentiary matters related to the case against you, while also working to protect your constitutional rights, such as your right to be free from unreasonable search and seizure.  

Don’t hesitate, take action today by contacting an experienced and driven Indianapolis trial attorney at Keffer Hirschauer LLP. We have the insight and experience you need to minimize your potential penalties, or even have the charges against you dismissed. To schedule your free case consultation, call 317-857-0160 or complete our online contact form.  

Facing Drug Dealing Charges in Indiana? Know the Laws. 

If you’re facing drug dealing charges in Indiana, it’s important first to understand Indiana drug laws and the seriousness of the charges that have been placed upon you. To do so, you’ll want to refer to the “Offenses Relating to Controlled Substances” statute located in Indiana Code 35-48-4.  This statute contains laws related to a large number of drug-related offenses, including drug dealing in Indiana. For brevity, we’ll include some of the more common offenses. However, if the offense that you’re looking for is not included, do make sure to review that statute yourself or consult with an Indiana drug crimes attorney.  

Laws on Dealing Cocaine or Narcotics in Indiana 

Indiana Code 35-48-4-1 states that, “a person who knowingly or intentionally manufactures; finances the manufacture of; delivers; or  finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or possesses, with intent to manufacture; finance the manufacture of; deliver; or finance the delivery of cocaine or a narcotic drug (such as fentanyl, heroin or other opioids), pure or adulterated, classified in schedule I or II; commits dealing in cocaine or a narcotic drug, a Level 5 felony.” This conviction, however, can be escalated to a higher-level felony under certain circumstances, including:  

  • Level 4 Felony: If the amount of the drug involved is more than 1 gram, but less than 5 grams; or the amount of the drug involved is less than 1 gram, and enhancing circumstances apply; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 3 grams but less than 7 grams.  
  • Level 3 Felony: If the amount of the drug involved is more than 5 grams, but less than 10 grams; or the amount of the drug involved is at least 1 gram but less than 5 grams, and enhancing circumstances apply; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 7 grams but less than 12 grams; or the drug is heroin and the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 3 grams but less than 7 grams, and enhancing circumstances apply.  
  • Level 2 Felony: If the amount of the drug involved is at least 10 grams; or the amount of the drug involved is at least 5 grams but less than 10 grams, and enhancing circumstances apply; or the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 12 grams; or the drug is heroin and the drug is heroin and the amount of the drug, aggregated over a period of no more than 90 days, is at least 7 grams but less than 12 grams, and enhancing circumstances apply.  

Laws on Dealing Marijuana, Hash Oil, Hashish, or Salvia in Indiana 

Indiana marijuana laws contained in Indiana Code 35-48-4-10 stipulate that any individual who knowingly or intentionally manufactures (or finances the manufacturing) of marijuana, hash oil, hashish, or salvia; delivers (or finances the delivery) of marijuana, hash oil, hashish, or salvia; or possesses marijuana, hash oil, hashish, or salvia with the intent to take any of the preceding actions commits a Class A Misdemeanor.   

This offense may be elevated to a Level 6 felony if the individual has a prior conviction for a drug offense AND the amount of marijuana, is less than 30 grams of marijuana or less than 5 grams of hash oil, hashish, or salvia; or the individual lacks a previous drug-related conviction, but the amount they possessed was between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia.   

Furthermore, the offense can be elevated to a Level 5 felony if an individual has a previous drug conviction for a drug dealing offense and the amount of the drug involved is between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia; the amount of marijuana involved is at least 10 pounds or 300 grams of hash oil, hashish, or salvia; the offense involved a sale to a minor; or the person is a retailer who was selling a product that appeared to be hash oil, hashish, or salvia, but had reasonable knowledge that it was marijuana, hash oil, hashish, or salvia.  

Laws on Dealing Methamphetamine in Indiana 

A person who knowingly or intentionally delivers or finances the delivery of methamphetamine, pure or adulterated; or possesses, with intent to deliver or finance the delivery of methamphetamine, pure or adulterated; commits dealing in methamphetamine, a Level 5 felony. Per Indiana Code 35-48-4-1.2, this conviction can be escalated to a higher-level felony under certain circumstances, including:  

  • Level 4 Felony: If the amount of the drug involved is more than 1 gram, but less than 5 grams; or the amount of the drug involved is less than 1 gram, and enhancing circumstances apply.  
  • Level 3 Felony: If the amount of the drug involved is more than 5 grams, but less than 10 grams; or the amount of the drug involved is at least 1 gram but less than 5 grams, and enhancing circumstances apply.   
  • Level 2 Felony: If the amount of the drug involved is at least 10 grams; or the amount of the drug involved is at least 5 grams but less than 10 grams, and enhancing circumstances apply. 

Dealing a Schedule I, II, or III Drug 

Indiana Code 35-48-4-2 states that a person who knowingly or intentionally manufactures; finances the manufacture of; delivers; or finances the delivery of a drug or analog, pure or adulterated, classified in schedule I, II, or III (except marijuana, hashish, hash oil, or salvia) or possesses, with intent to manufacture; finance the manufacture of; deliver; or finance the delivery of a drug or analog, pure or adulterated, classified in schedule I, II, or III, commits a Level 6 felony in Indiana. This conviction can be escalated to a higher-level felony under certain circumstances, including:  

  • Level 5 Felony: If the amount of the drug involved is more than 1 gram, but less than 5 grams; or the amount of the drug involved is less than 1 gram, and enhancing circumstances apply.  
  • Level 4 Felony: If the amount of the drug involved is more than 5 grams, but less than 10 grams; or the amount of the drug involved is at least 1 gram but less than 5 grams, and enhancing circumstances apply.   
  • Level 3 Felony: If the amount of the drug involved is at least 10 grams, but less than 28 grams; or the amount of the drug involved is at least 5 grams but less than 10 grams, and enhancing circumstances apply. 
  • Level 2 Felony: If the amount of the drug involved is at least 28 grams, or the amount of the drug involved is at least 10 grams but less than 28 grams, and enhancing circumstances apply. 

Facing Drug Dealing Charges in Indiana? Call an Attorney 

Given the substantial number of laws related to drug crimes in the Indiana code, it can be challenging to find the laws that pertain to your specific circumstances, let alone understand the laws and their enhancements themselves. By choosing to work with an experienced Indiana drug crimes attorney, you’ll be able to properly understand the state’s case against you and what sort of defense strategy is most appropriate to pursue.  

When it comes to facing drug dealing charges in Indiana, an attorney from Keffer Hirschauer LLP will generally consider several factors related to you case, including:  

  • The category of controlled substance that is alleged in the charge against you 
  • Whether the offense involves just drug dealing, or a combination of charges, including possession, manufacturing, and dealing.  
  • Whether or not the circumstances surrounding your drug dealing charge make the offense a misdemeanor or a felony 
  • The range of penalties for the charges; such as incarceration, issues related to professional licensure, fines, probation, etc.  
  • Additional factors associated with the offense, like the presence of weapons or other people involved in the alleged crime 
  • Whether the context of the arrest or investigation demonstrates a violation of your constitutional rights, such as  illegal search or seizure 
  • What other statements have been made to law enforcement or the prosecutor’s office by others involved in the case.

Furthermore, an experienced attorney can help you understand the severity of the charges placed against you, and the possible extent of the penalties you face. To do so, they will refer to the Indiana sentencing guidelines and the advisory sentencing range given the circumstances of your drug dealing charges in Indiana.  

Indiana Sentencing Guidelines

If you’re facing drug dealing charges in Indiana, it’s vital that you retain the best representation possible. Keffer Hirschauer LLP employs some of the best drug attorneys in Indianapolis, who stand prepared to begin building your defense in hopes of minimizing your potential penalties. Don’t hesitate to reach out and schedule a free consultation by calling 317-857-0160 or completing our online contact form

Possible Defenses for Those Facing Drug Dealing Charges in Indiana  

When building a defense for those facing drug dealing charges in Indiana, the first place an experienced attorney would look is the statutory defenses set forth in Indiana code. For example, Indiana Code 35-48-4-16, which sets circumstances that, if proven, may lower a charge of dealing within 500 feet of a school or park (a higher-level offense) to a mere possession charge.  

If the intricacies of Indiana drug law don’t provide a solid defense, an attorney should seek to use other available defenses using your rights under the US Constitution or Indiana Constitution. They may also try to build a defense based on the evidence or lack thereof in the case. Several examples of these defenses include:  

  • Showing that an unreasonable search and seizure has occurred, which warrants the suppression of evidence, as Hoosiers are protected from unreasonable searches and seizures by Indiana Constitution, Article I, Section 11  
  • Demonstrating that the state’s allegation of constructive possession beyond a reasonable doubt is not clearly supported by the evidence they’ve set forth 
  • Clearly showing that state’s case against you relies solely on circumstantial evidence 

Professional Licensure and Drug Dealing Charges 

If your career depends on carrying a professional license and you’re facing drug dealing charges in Indiana, your entire professional future is in jeopardy. This is especially true for healthcare professionals, who by virtue of their job, have easy access to a variety of controlled substances and/or have the power to prescribe medication to individuals. Therefore, if they are found in violation of the Indiana Health Professionals Standards of Practice or convicted of dealing a controlled substance as a practitioner in Indiana, as defined in Indiana Code 35-48-4-1.5, they could face serious repercussions.  

Take, for example, nurses in Indiana. If one is convicted of drug dealing, they will face criminal penalties as well as any future penalties imposed by the Indiana Board of Nursing. Per Indiana Code 25-1-9-9, these penalties include:    

  • Permanent revocation of license   
  • Suspension of license   
  • Censure of the licensee   
  • Written reprimand of licensee   
  • Placement of the licensee on probation   
  • Assessment of a civil penalty of not more than $1,000 per violation   

Furthermore, nurses whose license has been put on probation or suspended for substance abuse-related violations may be required to participate in the Indiana State Nurses Assistance Program (or ISNAP). Nurses in ISNAP are often subject to a one to three-year-long Recovery Monitoring Agreement (or RMA). The RMA outlines the conditions of the nurse’s participation in ISNAP and could include mandatory drug and alcohol testing, counseling, or other treatment services.  

If you have a professional license and are facing drug dealing charges in Indiana, Keffer Hirschauer LLP is the ideal law firm to represent you. Not only can our criminal defense team defend you in criminal proceedings, but our dedicated professional license defense team will work tirelessly to defend your professional license, career, and livelihood.  

Time is of the Essence. Call Keffer Hirschauer LLP Today  

If you’re currently under investigation for or facing drug dealing charges in Indiana, you need to contact an Indianapolis drug crimes attorney as soon as possible. These charges carry severe penalties and can have an immensely negative impact on your professional life and reputation going forward. Don’t procrastinate when it comes to protecting your rights and your future, instead contact the Indianapolis Law Office of Keffer Hirschauer LLP. To schedule your free consultation call us today at 317-857-0160 or complete our online contact form

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Facing Drug Dealing Charges in Indiana? 
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Facing Drug Dealing Charges in Indiana? 
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Facing Drug Dealing Charges in Indiana? Here's everything you need to know about the laws, potential penalties, and common defense strategies.
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Keffer Hirschauer LLP