What is “Possession with Intent” in Indiana?

There are different levels of drug crimes in Indiana, and the type of criminal charges you can face for possession of a controlled substance can depend on the amount of the controlled substance that was in your possession. Regardless of whether you have ever faced drug charges previously or known someone who has, you might know that, colloquially, there is a difference between simple possession and “possession with intent.” When a person is facing charges for “possession with intent” in the Indianapolis area, what does this mean? And what are potential defenses against this type of charge? The experienced Indianapolis drug crime defense lawyers at Rigney Law LLC can tell you more, and we are here to begin working with you on a defense strategy to help you fight the charges you are facing.

Defining “Possession with Intent” Under Indiana Law 

The offense known generally as “possession with intent” is an offense under Indiana Code Section 35-48-4-4.6, or the “Unlawful Delivery, Manufacture, Distribution, or Possession of a Substance Representative to Be a Controlled Substance.”

The specific offense of “possession with intent” is identified under Section 4.6(a)(7). The law states that a person who knowingly or intentionally “possesses with intent to deliver, finance the delivery of, manufacture, finance the manufacture of, advertise, or distribute” can be guilty of this offense. In short, or in simpler terms, “possession with intent” refers to possessing a controlled substance with the intention of selling or distributing drugs — something more than possessing drugs for your own use.

Elements of a “Possession with Intent” Charge 

The Indiana Code is clear that a person can only be convicted of possession with intent under Section 4.6(a)(7) if one of the following is true:

• “There is evidence in addition to the weight of the substance that the person intended to deliver, finance the delivery of, manufacture, finance the manufacture of, advertise, or distribute the substance”; or
• “The amount of the substance involved is at least twenty-eight (28) grams.

In other words, to be convicted, there must either be evidence that you intended to get into the drug-selling business, or that you had enough of the drug in your possession (at least 28 grams). Simply having 28 grams or more of a controlled substance is enough for a “possession with intent” charge. The offense is a Level 6 felony, but it will become a more serious Level 5 felony if you have a previous, unrelated drug crime conviction.

Defending Against Charges for “Possession with Intent”

There are multiple defense strategies that may be applicable if you are facing charges for possession with intent. You should develop a defense strategy that is tailored to the facts of your case with help from a defense attorney, but examples of general defenses that are commonly applied include:

• Fourth Amendment violation, meaning the police did not have probable cause to search you or your property;
• Knowing possession of the substance;
• Sufficiency of the evidence of intent if the amount of the substance was less than 28 grams;

Contact Our Indianapolis Drug Crimes Defense Attorneys Today 

Are you facing charges for a serious drug offense? An experienced Indianapolis drug crimes defense lawyer at Rigney Law LLC can speak with you today about fighting the charges. Contact us to get started on a defense strategy.

Source:

law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-4-6/#:~:text=(7)%20possesses%20with%20intent%20to,unrelated%20conviction%20under%20this%20chapter