Fort Wayne Drug Possession Lawyers

Accused of Possessing a Controlled Substance? Reach Out to Our Firm.

Drug possession is no small crime in Indiana. Only a few instances of the offense are charged as misdemeanors, with the majority being pursued as felonies. A conviction for possessing even just a few grams of certain drugs can lead to years of incarceration and thousands of dollars in fines. The consequences for the crime do not end when the prison or jail sentence is completed or the financial penalty is paid. Because the conviction results in a mark on a criminal record, an individual can face challenges when trying to find a job or a place to live or even when trying to obtain federal student aid for higher education.

A lot is at stake when you are accused of possessing a controlled substance, which is why you cannot leave your case to chance. If you are facing allegations, reach out to Arnold Terrill Ridenour, P.C. right away. Our Fort Wayne drug possession attorneys have handled thousands of controlled substances offenses. We have seen prosecutors use various tactics when trying to prove guilt beyond a reasonable doubt. We also know that overzealous law enforcement officials sometimes collect evidence in a way that encroaches on a person's constitutional rights. With our insight into how the criminal justice system works, we know how to build aggressive defenses to fight charges.

Ready to get started on your case? Call our drug possession lawyers in Fort Wayne at (888) 912-7220 or contact us online today. Your initial consultation is free.

Indiana's Drug Possession Laws

Indiana has several different laws concerning drug possession. At the core, they are similar, involving intentionally or knowingly possessing a controlled substance. Where they differ is in the type of drug they cover.

A few of Indiana's drug possession laws are as follows:

Possessing cocaine or a narcotic drug (IC 35-48-4-6): This offense can be charged as a:

• Level 6 felony if the offense involved:
  • Less than 5 grams of the substance
• Level 5 felony if the offense involved:
  • Between 5 and 9 grams of the substance, or
  • Less than 5 grams but an enhancing circumstance was present
• Level 4 felony if the offense involved:
  • Between 10 and 27 grams of the substance, or
  • Between 5 and 9 grams but an enhancing circumstance was present
• Level 3 felony if the offense involved:
  • At least 28 grams of the substance, or
  • Between 10 and 27 grams but an enhancing circumstance was present

Possessing methamphetamine (IC 35-48-4-6.1): This offense can be charged as a:

• Level 6 felony if the offense involved:
  • Less than 5 grams of the substance
• Level 5 felony if the offense involved:
  • Between 5 and 9 grams of the substance, or
  • Less than 5 grams but an enhancing circumstance was present
• Level 4 felony if the offense involved:
  • Between 10 and 27 grams of the substance, or
  • Between 5 and 9 grams of the substance but an enhancing circumstance was present
• Level 3 felony if the offense involved:
  • At least 28 grams of the substance, or
  • Between 10 and 27 grams but an enhancing circumstance was involved

Possessing a controlled substance or obtaining a Schedule V drug (IC 35-48-4-7): This offense can be charged as follows:

• Class A misdemeanor if the offense involved:
  • Possessing a Schedule I, II, III, or IV controlled substance without a valid prescription; or
  • Possessing more than 4 ounces within a 48-hour period of a Schedule V controlled substance with codeine, or possessing a Schedule V drug without a valid prescription or obtaining a prescription through misrepresentation
• Level 6 felony if the offense involved:
  • An enhancing circumstance

Possessing marijuana (IC 35-48-4-11): This offense involves possessing marijuana, growing marijuana plants, or failing to destroy marijuana plants. It can be charged as follows:

• Class B misdemeanor
• Class A misdemeanor if:
  • The alleged offender had a previous drug crime conviction, and
  • The substance appeared to be low THC hemp extract
• Level 6 felony if:
  • The alleged offender had a previous drug crime conviction, and they possessed
  • At least 30 grams of marijuana; or
  • At least 5 grams of hash oil, hashish, or salvia

Regardless of the substance you were accused of possessing or the evidence the prosecutor has against you, you can fight your charge. To mount an aggressive and compelling defense, turn to our Fort Wayne drug possession attorneys. We are ready to vigorously defend you.

Penalties for Drug Possession in Indiana

The criminal penalties you could face for being found guilty of drug possession depend on whether you were charged with a misdemeanor or felony.

Below are the penalties an Allen County court can impose upon a conviction:

• Class B misdemeanor:
  • A maximum of 180 days in jail
  • A maximum of $1,000 in fines
• Class A misdemeanor:
  • A maximum of 1 year in jail
  • A maximum of $5,000 in fines
• Level 6 felony:
  • A maximum of 2 ½ years of imprisonment
  • A maximum of $10,000 in fines
• Level 5 felony:
  • A maximum of 6 years of imprisonment
  • A maximum of $10,000 in fines
• Level 4 felony: 
  • A maximum of 12 years of imprisonment
  • A maximum of $10,000 in fines
• Level 3 felony:
  • A maximum of 16 years of imprisonment
  • A maximum of $10,000 in fines

Because some drug possession charges depend on the presence of enhancing circumstances, it may be helpful to discuss what they are. Essentially, enhancing circumstances are factors that increase the severity of a crime, either because of who committed them, how they were committed, and where they were committed.

The enhancing circumstances listed in IC 35-48-1-16.5include:

• A prior drug crime conviction (except matters involving marijuana, hashish, hash oil, or salvia)
• Possessing a firearm during the commission of the crime
• Committing the offense within 500 feet of school property or a public park when a minor could have been present
• Delivering the drug to someone under 18 years of age and at least 3 years younger than the alleged offender
• Manufacturing or financing the manufacture of the substance
• Committing the offense in the presence of someone under 18 years of age
• Committing the offense the property of a detention or juvenile facility
• Committing the offense within 100 feet of a facility providing treatment or rehabilitation services to a drug abuser

At Arnold Terrill Ridenour, P.C., we fight hard to seek optimal results for our clients. Our drug possession lawyers in Fort Wayne also recognize that these types of matters can involve other issues such as drug dependency or mental health problems. We offer comprehensive services to address all of the issues in our clients' cases.

Challenge Drug Possession Accusations with Our Help

At Arnold Terrill Ridenour, P.C., we pursue every legal avenue to protect our clients' rights and futures. When you turn to us, you can be confident that we will expend the time and effort you and your case need and deserve.

To schedule your free consultation, contact us 
at (888) 912-7220.