Indianapolis Drug Dealing Lawyer - Cocaine or Narcotic Drugs

Possession simply means you had the drug under your control, either for personal use or otherwise. Distribution, or “dealing,” involves manufacturing, financing, or delivering the drug to another person. Crucially, you can be charged with dealing even if you never sold a drug; if the State believes you intended to deliver it based on quantity or packaging, you will face distribution charges.

Yes, under Indiana law, cocaine is classified as a Schedule II controlled substance. This classification means that while it has some accepted medical uses, it also carries a high potential for abuse and severe psychological or physical dependence. Dealing in Schedule II drugs carries significantly harsher penalties than dealing in drugs with lower classifications.

“Intent to deliver” is a legal standard used when police do not catch you in the act of selling drugs but believe you planned to do so. Prosecutors argue this intent exists based on circumstantial evidence, such as possessing a quantity of drugs too large for personal use, having large amounts of cash, or possessing scales and individual packaging baggies.

Drug dealing charges in Indiana generally range from a Level 5 Felony to a Level 2 Felony. A Level 5 Felony is the lowest dealing charge, typically for small amounts (less than 1 gram). The charges escalate to Level 4, Level 3, and finally Level 2 Felonies as the weight of the drug increases or if “enhancing circumstances” (like dealing near a school) are present.

Penalties vary strictly by weight. Dealing less than 1 gram is a Level 5 Felony (1–6 years in prison). Dealing 1–5 grams is a Level 4 Felony (2–12 years). Dealing 5–10 grams is a Level 3 Felony (3–16 years). Dealing at least 10 grams is a Level 2 Felony, which carries a sentence of 10 to 30 years in prison.

An experienced lawyer will examine the evidence for constitutional violations. Common defenses include challenging the legality of the traffic stop or search warrant (Fourth Amendment violations), arguing “lack of knowledge” if drugs were found in a shared space, or proving the drugs were strictly for personal use rather than distribution.

Indiana courts allow juries to infer intent to deal if the amount of cocaine or narcotic drug is at least 28 grams. For amounts less than 28 grams, the prosecutor must provide additional evidence of intent, such as text messages arranging sales, ledgers, or the presence of cutting agents and scales.

Enhancing circumstances are factors that increase the severity of your charge and potential sentence. Common examples include committing the offense within 500 feet of a school or public park, dealing to a minor, or possessing a firearm while committing the drug offense.

Yes, this is known as “constructive possession.” If the drugs were in a location you had dominion and control over—like your car’s glove box or trunk—and you knew they were there, you can be charged. However, a skilled attorney can challenge whether you actually had knowledge or exclusive control of that space.

Beyond prison time and heavy fines up to $10,000, a felony dealing conviction creates a permanent criminal record. This can result in the loss of voting rights, the inability to own a firearm, ineligibility for federal student loans, and severe difficulty finding employment or housing in Indianapolis.

Yes, this is a common strategy for defense attorneys. If your lawyer can successfully argue that the State cannot prove “intent to deliver” beyond a reasonable doubt—perhaps by showing a lack of packaging materials or cash—a jury or prosecutor may reduce the charge to simple possession, which carries significantly lighter penalties.

Trafficking often implies moving drugs across lines or in bulk. Defenses often focus on breaking the “chain of custody” of the evidence, proving entrapment (where police induced you to commit a crime you otherwise wouldn’t have), or attacking the credibility of confidential informants used by the police.

A motion to suppress is a legal request to exclude evidence from trial because it was obtained illegally. If your lawyer proves that the police searched your home or vehicle without probable cause or a valid warrant, the drugs found may be ruled inadmissible. Without the drugs as evidence, the prosecution often has to dismiss the case.

Drug dealing cases require aggressive, technical defense strategies. Gemma & Karimi have extensive experience dissecting police reports and challenging the State’s evidence in Indianapolis courts. We understand how to negotiate with prosecutors to minimize jail time or fight for a dismissal when your rights have been violated.

Exercise your right to remain silent immediately. Do not try to explain the situation to the police, as anything you say can be twisted to prove “intent.” Ask for an attorney immediately and contact Gemma & Karimi. Early intervention allows us to preserve evidence and potentially intervene before formal charges are filed.