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Indianapolis Drug Lawyer

Indianapolis drug charges are serious and Indiana is far from lenient when it comes to drug convictions. Many drug offenses are treated as felonies with harsh penalties. It can feel hopeless if you’re arrested for drug possession or accused of selling drugs, but there is a lot an experienced and highly skilled Indianapolis drug lawyer can do to help.

With extensive experience handling Indiana drug cases and a record of securing the best possible outcome for his clients, criminal defense attorney Sean Hessler is ready to protect your record, future, and your freedom. No matter the charge, let a veteran drug defense lawyer handle your court dates, review the evidence, negotiate with the prosecutors to reduce or dismiss the charges, and fight for you in court if necessary.

For a free and confidential consultation with Indianpolis drug attorney Sean Hessler, call (317) 886-8800.

Indianapolis Drug Charges

Indiana Drug charges are divided into categories like drug possession, manufacturing, and drug dealing. There are specific statutes in the Indiana Criminal Code that address drug offenses related to cocaine, methamphetamine, and marijuana, while others address a wide spectrum of controlled substances.

Indiana Controlled Substance Schedules

Indiana’s controlled substance schedule categorizes drugs based on their perceived danger, medical usefulness or lack thereof, and potential for addiction.

There are five controlled substances schedules in Indiana, with Schedule I listing the most dangerous drugs and Schedule V the least dangerous. However, even the least dangerous controlled substances may lead to drug charges in Indiana, depending on the circumstances.

  • Schedule I — Drugs on this schedule are considered to have the highest potential for abuse and addiction, and the least medical benefit. Examples of Schedule I controlled substances include heroin, marijuana, ecstasy and LSD.
  • Schedule II — Drugs on this schedule are considered to have a high potential for abuse and addiction, and some medical benefit but with restrictions. Examples of Schedule II controlled substances include narcotic pain medicines such as codeine, hydrocodone, oxycodone, or morphine, and drugs such as cocaine, crack, meth, and PCP.
  • Schedule III — Drugs on this schedule are considered to have a moderate potential for abuse and addiction, and accepted medical use. Examples of Schedule III substances include lower doses of codeine, anabolic steroids, and ketamine.
  • Schedule IV — Drugs on this schedule are considered to have a low potential for abuse and addiction, and accepted medical use. Examples of Schedule IV substances include Ambien, Xanax, Valium, or pain medication Darvocet.
  • Schedule V — Drugs on this schedule are considered to have the lowest potential for abuse and addiction in relation to other drug schedules, and accepted medical use. An example of a Schedule V substance includes very low doses of codeine.

Indianapolis Drug Posession, Manufacturing & Sales

Indiana law covers a wide range of offenses related to illegal drugs, prescriptions, synthetic drugs, drug paraphernalia, and other offenses. The charges described are just a sampling of the most common types of drug offenses we see at Hessler Law. But these are not the only types of drug charges you may face in Indiana. If you’ve been arrested for any drug crime in Indiana, we can discuss your charge, the possible penalties, your options, and what to expect in court.

  1. Possession of Marijuana

    In Indiana, you can be charged with possession of marijuana for knowingly or intentionally possessing the drug itself, growing or cultivating marijuana plants, or knowing that someone is growing marijuana on your premises and failing to destroy the plants. Possession of less than 30 grams of marijuana is a misdemeanor offense in Indiana. A first offense for possession of 30 grams or more may be a misdemeanor if committed after July 1, 2014. A second or subsequent offense involving 30 grams or more can be charged as a felony. For offenses committed before July 1, 2014, possession of less than 30 grams is a misdemeanor, and 30 grams or more is a felony.

  2. Possession of a Controlled Substance

    Possession of a Schedule I, II, III, or IV controlled substance generally is a misdemeanor if committed after July 1, 2014, but if committed before that date may be charged as a felony. The penalties vary depending on the amount of the controlled substance involved, or whether you committed the offense on a school bus, or near a school, park, youth center, or family housing development. Obtaining a Schedule V controlled substance under certain circumstances can be a felony in Indiana.

  3. Possession of Methamphetamine

    When you possess methamphetamine, you can be charged with a felony in Indiana. The class of felony and possible penalties vary depending on the amount of meth involved, and by whether you committed the offense on a school bus, or near a school, park, youth center, or family housing complex.

  4. Possession of Cocaine or Narcotics

    When you possess cocaine or another Schedule I or II narcotic drugs without a valid prescription, you may be charged with a felony in Indiana. The class of felony and possible penalties vary depending on the amount of the drug involved, and by whether you committed the offense on a school bus or near a school, park, youth center, or family housing complex.

  5. Dealing Marijuana

    You may be charged with dealing marijuana when you knowingly or intentionally manufacture, fund the manufacture, deliver, or fund the delivery of marijuana, hash oil, hashish, or salvia, or possess marijuana with the intent to deal. This offense can be a misdemeanor when it was committed after July 1, 2014, was a first offense, and involved less than 30 grams of the drug. When you have prior convictions or more than 30 grams were involved, the offense is a felony, and the penalties vary depending on the amount of marijuana, whether a minor was involved, or whether you were dealing near a school, park, youth center, family housing complex, or on a school bus.

  6. Dealing Controlled Substances

    You may be charged with dealing controlled substances when you knowingly or intentionally manufacture, fund the manufacture, deliver, or fund the delivery of any controlled substance listed on Schedules I, II, III, IV, or V, except for marijuana, hashish, or synthetic cannabinoids, or possess a controlled substance with the intent of dealing. Most variations of this offense are felonies, and the class of felony and corresponding penalties vary depending on the amount of the drug involved, whether a minor was involved, or whether the offense was committed near a school, park, youth center, or family housing complex, or on a school bus. Dealing controlled substances may be charged as a misdemeanor when the drug involved is a Schedule V drug, the charge involves less than 3 grams of the drug, and the offense was committed after July 1, 2014.

  7. Dealing Methamphetamine

    You may be charged with dealing methamphetamine when you knowingly or intentionally manufacture, fund the manufacture, deliver, or fund the delivery of meth, or possess meth with the intent of dealing. This is a felony offense, and the class of felony and corresponding penalties vary depending on the amount of the drug involved, whether a minor was involved, or whether the offense was committed near a school, park, youth center, or family housing complex, or on a school bus.

  8. Dealing Cocaine or Narcotics

    You may be charged with dealing cocaine or narcotics when you knowingly or intentionally manufacture, fund the manufacture, deliver, or fund the delivery of cocaine or a narcotic drug, or possess cocaine or narcotics with the intent to deal. This is a felony offense, and the class of felony and corresponding penalties vary depending on the amount of the drug involved, whether a minor was involved, or whether the offense was committed near a school, park, youth center, or family housing complex, or on a school bus.

  9. Possession or Sale of Drug Precursors

    It’s illegal in Indiana to possess more than an allowed quantity of certain chemicals that can be used to manufacture drugs such as methamphetamine. Possession or sale of drug precursors is a felony offense, and the class of felony and possible penalties can vary depending on several factors such as the nature of the precursor, the amount involved, whether you also possessed a firearm at the time of your offense, or whether the offense was committed near a school, park, youth center, family housing complex, or on a school bus.

Drug Convictions: Possible Penalties & Consequences

When you’re convicted of a drug offense in Indiana, you face serious and potentially lifelong penalties and consequences that may include:

  • A lengthy jail or prison sentence — up to decades in custody
  • Substantial fines — potentialy tens of thousands of dollars
  • A permanent mark on your record as a drug offender that may cause potential employers to refuse to hire you, or potential landlords to refuse to rent to you
  • You may be denied a professional license, or have your current license to practice law, medicine, nursing, pharmacy, teaching, or other professional license suspended or revoked by the state agency overseeing your profession
  • You may be denied an immigration visa, green card, or U.S. citizenship, and you may be deported to your home country
  • You may be ineligible to receive financial aid such as grants or student loans to pay for community college, technical college, or university classes

Defense Options for Indiana Drug Charges

When you’re charged with a drug offense, there may be complicated issues involving evidence and the law. Many drug cases are built on evidence obtained through searches and seizures, or from confidential informants, and charges can be the result of lengthy, multi-layered investigations.

If you’re facing a drug charge, it’s critical that you have a skilled Indianapolis drug lawyer with a thorough understanding of the investigative process and evidentiary rules so that your rights are protected in court.

Active vs. Constructive Posession

For example, in building an effective drug defense in a possession case, a lot depends on proving active or constructive possession. While “actual possession” is when the accused has direct physical control over the drugs in question, “constructive possession” relates to having the intent and ability to maintain control. This is much harder for prosecutors to prove, and when it can be challenged makes convictions a lot more difficult.

How Hessler Law Handles Drug Charges

With attorney Sean Hessler’s background as a former prosecutor, he has the benefit of having worked drug cases from both the prosecution’s perspective and as a defense attorney.

We know how to handle inappropriate search and seizure issues — and will put that experience to work for you. From the beginning, we will make sure you get the fair due process you’re entitled to under the law.

We’ll examine the entire police investigation and the prosecutor’s case to find any flaws in the evidence and arguments against you. From there, we’ll work to ensure that any evidence collected illegally can’t be used against you.

At Hessler law, we strongly believe in your right to have your side of the story heard and to be treated fairly and justly throughout the process. Let us discuss your case and fight to get you the best possible outcome so that you can put the stress of your drug charge behind you.

Contact an Indianpolis Drug Lawyer Today

Drug charges and the penalties you face if convicted can be very complicated and confusing. If you or a family member has been charged with a drug offense in Indianapolis or anywhere in the Marion County area shows reach out to an experienced lawyer.

At Hessler Law, we know you have questions about what to expect and what can be done. Let us help you understand the process, how to move through the local Marion courts, and what drug court alternatives may be available.

There are several reasons why to hire an Indianapolis drug lawyer with Hessler Law, but the biggest advantage is to have someone dedicated to protecting your interests. Every drug charge is unique, so the best way to handle your situation is to contact an experienced lawyer today to discuss how we can help.

For a free and confidential consultation with Indianpolis drug attorney Sean Hessler, call (317) 886-8800.