Dealing in cocaine or narcotic drugs is a serious crime in Indiana. This is a felony charge, and you can be imprisoned for years, based on the drug involved. Plus, fines and court fees are heavy, and a permanent criminal record may prevent you from furthering your career. An enhancing circumstance, such as committing the crime with a minor, can worsen the outcome.
When arrested on narcotic drug charges, you can rely on Gemma & Karimi Law for the most robust advocacy and defense. Our dealing in cocaine or narcotic drug lawyer in Indiana is dedicated to obtaining the best case outcome. Speak to one of our criminal defense attorneys today in a free legal consultation: (317) 602-5970.
Understanding Controlled Substances Charges in Indiana
In Indiana, cocaine is classified as a Schedule II controlled substance under state law. This means cocaine and similar controlled substances have a high chance of abuse, but there are limited medical uses with strict physician supervision.
Cocaine Possession
For possession of cocaine, the law states that knowingly or intentionally possessing cocaine without a doctor’s prescription is a Level 6 felony. If convicted, you may receive 6 months to 2.5 years in prison and a fine of up to $10,000. The severity of punishment rises, depending on the quantity and other factors:
- If the cocaine or narcotic amount is between 5 and 10 grams, it becomes a Level 5 felony, with 1 to 6 years in prison and up to $10,000 in fines.
- For 10 to 28 grams of cocaine, it’s a Level 4 felony, punishable by 2 to 12 years and the same fine.
- Possession of 28 grams of drug or more escalates to a Level 3 felony, punishable by 3 to 16 years in prison and up to $10,000 in fines.
These charges can be enhanced if there are aggravating factors, such as possessing a firearm during the offense, committing the act near a school or park, or having a prior drug-related conviction. In these cases, cocaine possession could rise to a Level 6 felony.
Dealing In Cocaine
Dealing in cocaine means manufacturing, delivering, or possessing with intent to deliver cocaine. This crime starts as a Level 5 felony – 1 to 6 years, up to $10,000 fine – but can rise to a Level 2 felony, which is 10 to 30 years, up to $10,000 fine, if the amount exceeds 10 grams, or if enhancing circumstances like those mentioned above are present.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Penalties for Dealing with Cocaine or Narcotics
In Indiana, the penalties for dealing cocaine or a narcotic are as follows:
- Level 5 felony: Dealing cocaine or a narcotic drug starts as a Level 5 felony if no aggravating factors or specific weight are involved. This applies to basic acts of manufacturing, financing, delivering, or possessing with intent to deliver cocaine or a narcotic drug. The penalty is one to 6 years in prison, with an advisory sentence of 3 years, and a fine of up to $10,000.
- Level 4 felony: The amount of the drug is at least 1 gram but less than 5 grams. The penalty is two to 12 years in prison, with a six-year advisory sentence, and a maximum $10,000 fine.
- Level 3 felony: The amount of the drug must be at least five grams but less than 10 grams. The penalty is three to 16 years, with a 9-year advisory sentence and a maximum $10,000 fine.
- Level 2 felony: The drug must weigh at least 10 grams. The punishment is 10 to 30 years in prison, with a 17.5-year advisory sentence and a maximum $10,000 fine.
These penalties can be worse if there is an enhancing circumstance for dealing in cocaine or a narcotic:
- You have a prior conviction for dealing a controlled substance, excluding marijuana or hash oil.
- You committed the crime while in possession of a gun.
- You committed the drug offense on a school bus, or within 500 feet of a school.
A skilled lawyer may reduce your charges if there is an enhancing circumstance.
Building a Strong Defense Strategy And Effective Defense Tactics
Fighting a serious controlled substance criminal charge (sometimes with an enhancing circumstance) requires the skills of a highly successful criminal defense attorney. Your criminal law lawyer will review the state’s case create the most effective defense. Potential pillars of your solid defense may include:
No Intent
The prosecution must prove intent to deliver, manufacture, or finance the dealing of cocaine. Simply possessing cocaine doesn’t automatically mean intent to deal, so it could be for personal use.
Insufficient Evidence of Quantity
The felony level depends on the weight of the cocaine. The charge could be reduced or dismissed if the prosecution can’t accurately prove the amount, because of improper weighing or contamination with cutting agents, the charge could be reduced.
Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches. If police obtained evidence through an illegal search, it could be suppressed.
Entrapment
If law enforcement induced you to commit the crime (e.g., through an informant or undercover officer) when you wouldn’t have otherwise, this could be entrapment.
Chain of Custody Issues
If the cocaine evidence wasn’t properly handled or documented from seizure to trial, it could be contaminated or misidentified, undermining its reliability.
Federal vs. State Drug Charges in Indiana
In Indiana, drug charges can be prosecuted at the federal or state level. The difference usually lies in jurisdiction, amount of the drug, severity of offense, and potential punishments:
Federal Drug Charges
Federal drug charges are pursued by federal agencies like the DEA (Drug Enforcement Administration) and prosecuted in federal courts. These cases typically involve violations of federal laws, such as when the narcotic drug passes state lines or a large amount of the drug is involved. Federal drug charge convictions usually involve harsh sentences.
State Drug Charges in Indiana
State drug charges are handled by local law enforcement and prosecuted in state courts under Indiana law. They usually apply when the drug crime involves possessing, dealing, or manufacturing within the state. State charges typically apply to smaller quantities for mostly personal use. State charges may be higher, based on the amount of the drug.
Penalties depend on the offense level, the amount of the drug, and the drug involved.
Long-term Consequences of Drug Dealing Convictions
Based on the amount of the drug, you face immediate jail time and fines if convicted of dealing in cocaine in Indiana. Additionally, these long-term consequences could dog you for years, especially if there was an enhancing circumstance that led to a more severe punishment:
Criminal Record and Employment Challenges
A drug-dealing conviction results in a permanent criminal record unless specific relief, such as expungement, is granted under Indiana’s Second Chance Law. This record can severely limit employment opportunities.
Professional License Suspension or Revocation
A drug-dealing conviction may lead to disciplinary action from Indiana’s licensing boards for professionals like nurses, pharmacists, or attorneys. Nurses, for instance, may face suspension and mandatory participation in programs like the Indiana State Nurses Assistance Program (ISNAP), which can last one to three years and include drug testing and counseling. Losing a license can end a career.
Now What? Steps to Take After Being Charged
You were arrested and charged with dealing cocaine or other narcotic drugs. Always remain silent when the police question you, except when giving your name and address. Then, retain an experienced criminal defense attorney to represent and speak for you.
Taking the First Step in Your Defense
If you face a cocaine or narcotic dealing charge in Indiana, you could be put in prison for decades in the worst case, with an enhancing circumstance, and the amount of the drug. A skilled Indiana drug-dealing defense attorney will build a strong defense and fight to get your charge reduced or dismissed. Gemma & Karimi Law will create the formidable criminal defense you need to preserve your freedom. Contact us today to schedule your free consultation at (317) 602-5970.
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