Possession with intent to distribute (PWID) constitutes “dealing in controlled substance” since it is associated with the manufacture, sale or delivery of large sums of one or more types of drugs. The state of Indiana imposes serious punishment if an individual is arrested for drug distribution.
The severity of these penalties depends on the type of controlled substance which was discovered. Since determining a drug distribution crime can be subjective, it’s important to retain legal services from an experienced and trustworthy Indianapolis drug crimes attorney. At the office of Zaki Ali, Trial Lawyers, we are prepared to conduct our own comprehensive investigation and gather the necessary evidence in order to provide you with a strong and personalized criminal defense.
Drug Distribution Penalties
If you were arrested with selling Schedule I or II controlled substances, such as cocaine, heroin or methamphetamine, you can be charged with a Level 1 felony, which is punishable by:
- A prison sentence between 20 to 50 years
- A $10,000 fine
Sales of a Schedule I, II or III controlled substance involving minors or near public properties, such as a school or a housing complex, can also result in a Level 1 felony. If you were arrested with selling Schedule I, II or II controlled substance, aside from cocaine, heroin or methamphetamine, you can be charged with a Level 2 felony, which is punishable by:
- A prison sentence between six to 20 years
- A $10,000 fine
A sale of Schedule IV or V controlled substances involving minors or public places constitutes as a Level 2 felony as well. Selling Schedule IV or V substances is considered a Level 3 felony, punishable by:
- A prison sentence between two to eight years
- A $10,000 fine
The sale of marijuana can either be charged as a Level 4 felony or a Level 1 misdemeanor, depending on the amount and circumstances of the arrest. With experience as a former prosecutor, our founding Indianapolis criminal defense attorney possesses extensive knowledge of the Indiana legal drug crime system. Don’t risk putting your faith in inadequate legal assistance when you’re facing severe charges like these. We are confident we can protect your rights. Do not hesitate to discuss your situation in a complimentary case evaluation.
Let Indiana Drug Crime Attorney Zaki Ali Help You Get A Fresh Start: Contact Us Today
We can help you navigate the complexities of Indiana drug laws so that you can move forward in life. Contact Zaki Ali, Trial Lawyers, no-obligation case evaluation.
Call 1-833-ZAKI-ALI (1-833-925-4254) or email attorney Zaki Ali now for a phone, virtual or in-person consultation and important answers about your legal options. We also invite you to check out our case results and testimonials from former clients to see why we’re a leading criminal defense law firm in Indiana — and why you can rely on attorney Zaki Ali for exceptional representation and optimal resolutions.
From our Indiana office, Zaki Ali, Trial Lawyers, represents clients across the state, including those in Madison County, Delaware County, Durant County, Blackford County, Jay County, Hancock County, Henry County, Hamilton County and Tipton County.
What Counts as Drug Distribution in Indiana?
Indiana law treats “dealing” far more harshly than simple drug possession. You do not have to be caught in the middle of a sale to face distribution charges. Possession of a larger quantity of a controlled substance, along with items like scales, baggies, large amounts of cash, or messages arranging sales, can lead prosecutors to charge possession with intent to distribute. In other words, the circumstances surrounding the drugs, not just the drugs themselves, often drive the charge.
How Penalties Are Determined
The severity of a drug distribution charge in Indiana generally depends on the type and schedule of the substance, the amount involved, and the surrounding circumstances. Larger quantities and more dangerous substances carry higher felony levels and longer potential sentences. Certain factors can enhance a charge further, such as alleged dealing near a school, park, or youth program center, dealing to a minor, or possessing a firearm in connection with the offense. A prior record can also increase the penalties you face.
Consequences Beyond Prison
A distribution conviction can bring years in prison and substantial fines, but the consequences do not stop there. A felony drug record can make it harder to find work or housing, can affect professional licenses and immigration status, and in some cases can lead to the forfeiture of money or property the State claims was tied to drug activity. The stakes in these cases are high.
Defending Against Drug Distribution Charges
Drug cases frequently turn on how the evidence was obtained. A strong defense may involve challenging an unlawful search or traffic stop, questioning whether you actually knew about or controlled the drugs, examining how the substances were tested and handled, and scrutinizing the reliability of any informant. Where intent to distribute is based on circumstantial evidence, that inference can often be challenged. We look closely at every stage of the case to protect your rights.
Frequently Asked Questions
What is the difference between possession and dealing in Indiana?
Simple possession involves having a controlled substance for personal use, while dealing (or possession with intent to distribute) involves manufacturing, delivering, or possessing drugs with the intent to sell or distribute them. Dealing charges are far more serious and often depend on the quantity and surrounding circumstances.
Can I be charged with dealing even if no sale took place?
Yes. Prosecutors can pursue possession-with-intent charges based on circumstantial evidence, such as the quantity of drugs, packaging, scales, or cash, even when no actual sale was observed. An attorney can challenge whether that evidence truly shows intent to distribute.
What makes a drug distribution penalty more severe?
Penalties generally increase with the amount and type of drug involved. Enhancements can apply for alleged dealing near schools or parks, dealing to minors, involving a firearm, or having prior convictions. The specific facts determine the level of the charge.
Are there defenses to a drug distribution charge?
Often, yes. Common defenses include challenging an illegal search or seizure, disputing knowledge or control of the drugs, questioning the testing or handling of evidence, and challenging the claim of intent to distribute. The right strategy depends on the details of your case.
