Defending Against Drug Distribution Charges in Central Indiana
Drug crimes, as defined in Article 48 of the Indiana Code’s Title 35 – Criminal Law and Procedure, are vigorously prosecuted by local Deputy Prosecutors, making the decision to have an aggressive Indianapolis drug distribution attorney on your side of the utmost importance. Each year, thousands of Indiana residents are arrested for dealing in controlled substances such as cocaine, methamphetamine, and oxycodone. Possession with intent to distribute is classified as “dealing in” a controlled substance and is harshly punished. If you are accused of possessing large amounts of an illegal drug, you may be charged with possession with intent to distribute, which carries long terms of incarceration, exorbitant fines, and jarring effects on your personal life. Therefore, it is imperative that you defend yourself against these charges with the right criminal defense law firm in Indianapolis, IN.
The lawyers at Eskew Law LLC have spent years championing for their clients’ constitutional rights, not prosecuting against them, negotiating with prosecutors, and making compelling arguments before judges and juries. At our law firm, we combine a passion for client service and a zeal for effective advocacy. To speak with an assertive Indianapolis drug crime attorney about your drug charges, call Eskew Law LLC at (317) 974-0177.
The state of Indiana criminalizes the possession or dealing in certain enumerated controlled substances. Controlled substances are both illegal street drugs and prescription drugs. The Indiana Code divides controlled substances into four categories, Schedules I-IV.
- Schedule I: Highly addictive drugs with no justifiable medical use such as heroin
- Schedule II: Highly addictive drugs, some of which have accepted medical use, such as oxycodone
- Schedule III: Moderately addictive or dependent drugs, some of which have accepted medical use, such as steroids
- Schedule IV: Drugs with a limited risk of abuse or dependence, some of which have accepted medical use, such as Tylenol with codeine
Definition of Possession with Intent to Distribute
Possession with intent to distribute (PWID) is classified as “dealing in a controlled substance” because it accompanies the manufacture, sale, or delivery of a controlled substance. When Indiana law enforcement does not have evidence to prove delivery, they can still charge an individual with dealing in a controlled substance, in which case consulting a highly skilled Indianapolis drug distribution lawyer may be in your best interest. PWID is associated with indicia of distribution, such as large quantities, the presence of manufacturing equipment, or evidence of sales such as large sums of cash, Ziploc bags, zip ties, or scales. It is differentiated from possession for personal use.
PWID can be actual or constructive. Actual possession occurs when the drugs are found on a person’s body, such as in his pocket or hand. PWID is more commonly charged as constructive possession because the drugs are often found in a lab, house, or car. The prosecutor must then connect these drugs to the suspect. Constructive possession occurs when an individual has knowledge of the drugs, as well as the power to exercise control over them and the intent to exercise control.
Possession with intent to distribute is charged and punished as dealing in a controlled substance. Dealing cocaine or a Schedule I or II drug is a Level 5 felony. The sentence can be enhanced for greater quantities. For example, it is bumped up to a Level 4 felony when the amount is between one and five grams.
Dedicated Indianapolis Drug Distribution Attorney Eager to Help You Fight Drug Charges
Possession with intent to deliver, manufacture, or finance the delivery or manufacture of a controlled substance is classified as dealing. Dealing is a serious offense. The legal team at Eskew Law LLC has a decade of experience with fighting dealing charges and assisting clients with clearing their names. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. For a free initial consultation, call Eskew Law LLC at (317) 974-0177 today.