What Are Enhancing Circumstances in Drug Crimes?

If you are facing charges for a drug crime in the Indianapolis area, you could be facing a more serious offense than the Indiana Code initially sets forth if there are “enhancing circumstances” in your case. In other words, what you believe should be a Class B misdemeanor could actually be charged as a more serious Class A misdemeanor, or an offense that you believe to be a Class A misdemeanor could actually be charged as a Level 6 or higher felony offense. If you are in this situation, it is essential to learn more about enhancing circumstances and how they can impact the charges you are facing, and the potential penalties you could be facing in the event of conviction.

Defining Enhancing Circumstances Under the Indiana Code 

Under Indiana Code Section 35-48-1-16.5, enhancing circumstances means at least one of the following:

• Person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum;
• Person committed the offense while in possession of a firearm;
• Person committed the offense in a specific location or at a particular time (e.g., on a school bus, within 500 feet of a school where a minor was reasonably expected to be present, or in a public park where a minor was reasonably expected to be present);
• Person delivered or financed the delivery of the drug to a person under 18 years of age at least 3 years junior to the person;
• Person manufactured or financed the manufacture of the drug;
• Person committed the offense in the physical presence of a child under 18 years of age, knowing that the child was present and might be able to see or hear the offense;
• Person committed the offense on the property of either a penal facility or a juvenile facility; or
• Person knowingly committed the offense in, on or within 100 feet of a facility (meaning an alcohol and drug services program, recovery or support group meeting, or similar).

When one or more enhancing circumstances are present in a drug offense, the level of the charge can become more severe. A misdemeanor may be charged as a felony offense depending on the specific crime and the circumstances, or a felony offense could be charged at the level of a higher and more serious felony.

Contact a Drug Crimes Defense Attorney in Indianapolis for Assistance 

Whether you are facing charges for a misdemeanor drug offense or a serious felony drug offense, it is critical to understand that enhancing circumstances can result in an elevated charge and a more severe penalty in the event of conviction. As we have discussed above, there are different types of enhancing circumstances, and some of them depend on the particular facts of the case. In other circumstances, a subsequent offense or prior conviction may amount to enhancing circumstances. The most important thing is to begin working strategically on your defense with one of the experienced Indianapolis drug crime defense lawyers at Rigney Law LLC. Contact us today to discuss any concerns about enhancing circumstances and to begin working on a defense strategy for your case.

Source:

law.justia.com/codes/indiana/title-35/article-48/chapter-1/section-35-48-1-16-5/