Indiana Cocaine Possession Defense Attorney

Fort Wayne lawyer handles cocaine charges

Cocaine has been romanticized as a glamour drug in films and music, but in reality it can do great harm. In fact, if cocaine is laced with fentanyl, a single use can prove deadly. It’s no wonder that Indiana law applies the most stringent penalties to cocaine offenses. If you are arrested for cocaine possession or intent to distribute the drug, you face sentencing that can potentially take away years of your freedom. Fortunately, an Indiana cocaine possession defense attorney at The Law Offices of Ryan E. Lackey can provide the representation you need to pursue a positive outcome.

What is considered cocaine possession in Indiana?

In legal terms, there are two types of cocaine possession. You can be in “actual” possession, which means the drug is on your person or in a bag you’re carrying. Alternatively, you can be in “constructive” possession, meaning that you know where the drug is and you have the intention and ability to exercise control over it. When two or more people have actual or constructive possession of cocaine, this is called joint possession. Each person can be legally liable for the entire amount.

Is cocaine possession in Indiana a felony?

Cocaine is a Schedule I drug under Indiana law, meaning it has no legitimate medical purpose and poses extreme danger to anyone who consumes it. Therefore, charges associated with cocaine range from Level 6 to Level 6 felonies as described below. 

Penalties for Indiana cocaine possession charges

Although cocaine is a Schedule II drug, the Indiana Code treats possession of it more severely than other drugs in that schedule. Here is a summary: 

• Possession of less than five grams — Level 6 felony (six months to two and half years in prison)
• Possession of at least five but less than 10 grams — Level 5 felony (one to six years in prison)
• Possession of at least ten 10 but less than 28 grams — Level 4 felony (two to 12 years in prison)
• Possession of at least 28 grams — Level 3 felony (three to 16 years in prison)

Note that these ranges can be adjusted upward based on enhancing circumstances, such as having a prior drug conviction or being in proximity of a school or public housing.

Possession of cocaine with the intent to distribute

If you possess more than the threshold amount of cocaine, authorities can infer your intent to sell the drug, which elevates the charges. Under Indiana law, the penalties for dealing cocaine range from a Level 5 felony to a Level 2 felony.

Dropping or reducing cocaine possession charges in Indiana

An aggressive drug charge defense should challenge every element of the case against you, starting with the police procedures that led to your arrest. Depending on the circumstances, you might have grounds to assert a violation of your constitutional rights, such as an illegal traffic stop or illegal search, which led police to find drugs in your possession. If the police violated your rights, any drug evidence they found as a result could not be used against you, so prosecutors would be forced to drop the charges. 

In other cases, it might be possible to prove that some other person exercised control over the drugs and that you were either unaware or possessed them against your will. An Indiana drug possession attorney at our firm can thoroughly investigate the circumstances of your arrest to advise you on the best defense strategy.

Contact our Indiana defense attorney to fight cocaine possession charges

The Law Offices of Ryan E. Lackey provides solid criminal defense representation for clients charged with cocaine possession. For a free consultation, please contact the firm online or call us at 260-222-7364.