What Are the Highest Drug Possession Felonies in Indiana?
While drug possession charges in Indiana do not result in the highest felony charges possible in the state, it is important to know and to understand that possession charges can nonetheless result in substantial felony charges. Upon conviction, certain types of possession offenses can result in sentencing for a Level 3 Felony, which can result in a prison sentence of up to 16 years, although most Level 3 Felony sentences will be somewhat shorter. Possession offenses and convictions do not carry the same high felony charges associated with drug dealing charges, but they are still extremely serious.
What do you need to know about the highest level of drug possession felonies in Indiana? The experienced Indianapolis drug crime defense attorneys at Rigney Law LLC can tell you more.
Changes to Indiana Sentencing Guidelines
The Indiana Code underwent reform for criminal procedure and sentencing (the criminal code) just over a decade ago, and the reform measures went into effect in 2014. Since then, Indiana sentencing guidelines have been outlined in IC 35-50, including the guidelines for different levels of felony offenses.
Prior to reform of the Indiana Code, under the “Old Code,” felonies were classified from Class D Felony offenses (the least serious felony offense) up to Class A Felony offenses (the most serious type of felony offense). Under the “New Code,” felony offenses are still classified based on severity, but they are now classified by number. The lowest level felony offense is a Level 6 Felony, but felony offenses can be classified all the way up to a Level 1 Felony, with “Murder” as a separate and the most severe level of offense (above a Level 1 Felony).
Drug Crime Sentences Based on Substance Classification and Amount
The highest felony offense level for drug possession is based on the Schedule classification of the drug, as well as the amount of drug in a person’s possession. Under IC 35-48-2, drugs in Indiana are classified as Schedule I (such as LSD, MDMA, ecstasy, heroin), Schedule II (such as morphine or fentanyl), Schedule III (such as Tylenol with codeine or ketamine), Schedule IV (such as Xanas or Klonapin), and Schedule V (such as pregabalin or other lower level narcotics).
The highest level of felony that possession offenses can be charged at will depend on the Schedule of the drug, and whether there are any “enhancing circumstances” under IC 35-48-1-16.5, such as a prior controlled substance conviction, the offense being committed near a school or in a public park, or the offense being committed in the presence of a child or while in possession of a firearm.
Possession of cocaine, methamphetamine, and other narcotics are treated the most seriously. Many initial possession offenses for a small amount of one of these substances, without any enhancing circumstances, will be charged as a Level 6 Felony. With enhancing circumstances, or higher amounts of the substance in possession, the offense can be charged as high as a Level 3 Felony (before the amount of the substance results in a more serious charge of possession with intent to distribute, or offenses that fall under the broader umbrella of trafficking).
Contact Our Indianapolis Drug Crime Defense Lawyers Today
If you are facing any misdemeanor or felony for drug possession, it is critical to seek help with your defense from an experienced Indianapolis drug crime defense attorney at Rigney Law LLC. Contact us today for more information.
Sources:
law.justia.com/codes/indiana/title-35/article-50/
statecodesfiles.justia.com/indiana/2016/title-35/article-48/chapter-2/chapter-2.pdf
law.justia.com/codes/indiana/title-35/article-48/chapter-1/section-35-48-1-16-5/
