If you are accused of dealing cocaine in Indiana, you face serious felony charges that can have impacts on your life beyond a prison sentence and a potential fine, a financial burden that can also be substantial. An experienced Indiana cocaine dealing defense lawyer who knows the law and is familiar with local courts and the Indiana justice system can help you understand your options and help fight the charges against you.
Cocaine Charges Explained by an Indiana Cocaine Dealing Defense Lawyer
Cocaine is classified as a Schedule II controlled substance in Indiana. The act of dealing in cocaine or a narcotic drug is defined in Indiana Code § 35-48-4-1 as “knowingly or intentionally” delivering, manufacturing, or financing the delivery or manufacture of these drugs. You can also be charged with possession with the intent to deliver cocaine or a narcotic drug in some cases.
Dealing cocaine is generally a Level 5 felony offense as defined by Indiana Code § 35-50-2-6. However, the amount of cocaine or the specific facts in a case can elevate the felony charge to a higher level, resulting in more severe penalties.
If you are accused of dealing cocaine, it is in your best interest to contact an Indiana drug crime lawyer as soon as possible so he or she can begin gathering evidence, reviewing the details of your case, and crafting and implementing an appropriate defense strategy.
Charges and Penalties under Indiana Cocaine Laws
If you are charged with dealing cocaine in Indiana, the amount of cocaine is less than one gram, and there are no enhancing circumstances (as outlined in Indiana Code § 35-48-1-16.5), you may be charged with a Level 5 felony offense. This offense is punishable by one to six years in prison, with an advisory sentence of three years.
A cocaine-dealing charge can be elevated to a Level 4 felony when the amount of cocaine at least one gram and less than five grams or if the amount is less than one gram and an enhancing circumstance exists. A Level 4 felony in Indiana can result in a prison term of two to 12 years, with the advisory sentence of six years.
If you are accused of dealing in five to less than ten grams of cocaine or more than one and less than five grams when there is an enhancing circumstance, you may be charged with a Level 3 felony. This is punishable in Indiana by imprisonment for three to 16 years, with an advisory sentence of nine years.
Dealing in more than ten grams of cocaine or more than five but less than ten grams with enhancing circumstances can result in a Level 2 felony charge. This charge is can result in ten to 30 years of incarceration, and the advisory sentence is 17 and a half years.
When the manufacture, delivery, or financing of the manufacture or delivery of cocaine in Indiana results in someone’s death, the accused person can be charged with a Level 1 felony. This is the highest felony level in Indiana, and it can result in imprisonment of between 20 to 40 years if convicted. The advisory sentence for a Level 1 felony is 30 years.
Convictions at all felony levels in Indiana can also result in a fine of as much as $10,000. These significant penalties, in addition to the impacts of a felony conviction on your criminal record, emphasize the need for you to work with a skilled Indiana cocaine dealing defense lawyer if you are accused of dealing cocaine or a narcotic drug in Indiana.
An Indiana Cocaine Dealing Defense Lawyer Explains Enhancing Circumstances
Mounting an adequate cocaine defense in Indiana requires help from an Indiana drug crime lawyer who is knowledgeable about the potential impacts of enhancing circumstances on the charges and penalties assigned for an offense.
For drug crimes, Indiana law considers the following conditions enhancing circumstances:
- A previous conviction for dealing in a controlled substance, excluding marijuana and other drugs governed under Indiana Code § 35-48-4-10;
- Possession of a firearm when the offense was committed;
- Proximity within 500 feet of a school bus, school, or public park where children could be present when the offense was committed;
- Delivery of the drug to a person under 18;
- Allegations that the defendant also manufactured or financed the manufacture of the drug;
- Commission of the crime in the presence of a minor;
- Commission of the crime at a penal or juvenile facility; and
- Proximity of within 100 feet of a drug or alcohol rehabilitation, recovery, services, or support facility.
Each of these conditions, in addition to the possibility of being charged as a habitual offender under Indiana Code § 35-50-2-8 if you have previous, unrelated felonies, can have significant impacts on the charges against you and sentence ordered by the court. It is important to be sure your Indiana drug crime lawyer is aware of any potential enhancing circumstances that could affect your cocaine defense in Indiana.
Contact an Indiana Cocaine Dealing Defense Lawyer
While there are many factors under Indiana cocaine laws that can increase charges and penalties against a defendant, there are also many ways to approach cocaine defense in Indiana. It is critical that your Indiana cocaine dealing defense lawyer is familiar with all of these issues to develop and implement a strong defense strategy. Contact an experienced criminal defense attorney at Camden & Meridew, P.C. to discuss the specifics of your case today by calling 317-770-0000 or completing this online contact form.