Possession With Intent to Deliver Charges in Indiana

Fort Wayne attorney who fights vigorously for clients in PWID cases

Under Indiana law, possession with intent to deliver drugs is a serious crime. PWID charges can result in harsh penalties, but no matter what controlled substance is involved and how much is found, you have rights and legal options. At the Law Offices of Ryan E. Lackey, based in Fort Wayne, we defend clients accused of PWID and related drug offenses throughout Allen County and the surrounding region. Our firm will aggressively defend you and protect your rights at every stage of the legal process.

What constitutes possession with intent to deliver?

Under Indiana Code § 35-48-1-11, “possession with intent to deliver” means having control over an illegal drug or listed prescription medication without authorization, combined with evidence that you intended to transfer, sell or give it to someone else. The state can charge PWID based on factors like the amount of drugs seized, packaging used in sales, the presence of scales or cash, or communications indicating a possible transaction. 

Is PWID a felony offense in Indiana?

Indiana law treats possession with intent to deliver drugs as a form of drug trafficking, which makes it a felony. The level of felony depends on the type and quantity of the substance as follows:

• Level 6 felony — This is charged for smaller amounts of certain controlled substances.
• Levels 5, 4, 3 and 2 felonies — These are charged when the drug involved is more serious (like cocaine, methamphetamine or heroin) or when larger amounts are alleged.
• Level 2 felony — This charge often involves large quantities or aggravating circumstances, such as alleged delivery near a school, park or within a specified distance of a youth center.

Even a low-level PWID conviction carries severe consequences. A guilty verdict in a higher-level case can result in a long prison term and substantial fine.

What are the consequences of a PWID conviction?

A conviction for PWID can mean years in prison, a fine, probation, mandatory drug treatment and loss of your driving privileges. Beyond legal penalties, you can face long-term consequences like a permanent criminal record, challenges finding employment or housing and damage to family relationships. Felony convictions also carry serious collateral effects, including loss of voting rights, ineligibility for certain licenses and immigration complications if you’re not a U.S. citizen.

What defenses to PWID charges are available?

Defenses frequently raised in PWID cases include the following:

• Lack of intent — The state must prove you intended to deliver, rather than simply possess or use, the controlled substances. 
• Lack of possession — The prosecution must show you had either physical possession or constructive possession, meaning that the drugs were in a place that they controlled.
• Illegal search and seizure — If your constitutional rights were violated, such as through a vehicle stop that lacked reasonable suspicion, or a lack of probable cause for the search or arrest, evidence obtained as a result might be excluded from trial.
• Entrapment or police misconduct — This means law enforcement induced you to commit an offense you otherwise would not have committed.

An experienced drug crimes attorney can review the facts of your case and identify the most useful defense strategies.

Can PWID charges be reduced?

Because the state must prove intent, which is often based on circumstantial evidence, there are many ways to challenge PWID charges, or attempt to reduce them through negotiation. Possible forms of relief include the following: 

• Reduction to simple possession
• A lower felony level
• Probation or community corrections in place of incarceration
• Eligibility for drug treatment or diversion programs for first-time offenders
• Dismissal of penalty enhancements or companion charges

The right defense approach can make a significant impact on your case’s outcome.

Get in touch with an aggressive Indiana criminal defense lawyer

The Law Offices of Ryan E. Lackey in Fort Wayne represents people facing criminal charges in Allen County and the surrounding areas. You have important rights. Don’t face Indiana PWID allegations alone. Schedule a free initial consultation by calling 260-222-7364 or contacting us online.