When someone is convicted of a drug crime, the judge presiding over the case can work within established sentencing guidelines. The facts and circumstances of the case can significantly impact the final sentence. If you are facing criminal charges related to drug possession, manufacturing, or distribution, it is crucial to understand Indiana’s drug sentencing guidelines and how they could shape the outcome of your charges.
A Zionsville drug crime attorney can answer all your questions and safeguard your rights.
Understanding Indiana’s Drug Sentencing Guidelines
Drug crimes contribute to Zionsville’s annual crime rate of 13.89 per 1,000, and anyone convicted of a drug-related offense would be sentenced according to state sentencing guidelines. During sentencing at the Boone County Circuit Court, located at 310 Courthouse Square in Lebanon, Indiana, judges have discretion in how many years they can sentence someone, along with other punishments, but the sentence must fit within sentencing guidelines.
Indiana’s drug possession laws are found in Title 35, Article 48 (Controlled Substances) of the Indiana Code. Rather than using one statute for every drug offense, the law separates offenses by the type of controlled substance involved. One section addresses possession of cocaine and narcotic drugs, while the other focuses on possession of methamphetamine, marijuana, and other controlled substances.
Factors That Can Increase Drug Crime Penalties
How a judge passes a sentence could make the difference between someone getting off on probation or joining the roughly 46,000 people currently serving time behind bars in Indiana. Judges have the discretion to consider the type and quantity of the controlled substance, whether the offense involved manufacturing, and whether aggravating factors are present, among other factors.
Prior felony convictions can also result in enhanced penalties under Indiana law. Conversely, a criminal case may have mitigating factors, such as a limited criminal history, acceptance of responsibility, or cooperation with law enforcement. If a judge finds those and other factors to present favorable circumstances, they may show leniency by ordering probation, a shorter term of incarceration, or another reduced sentence as permitted under state law.
Contesting Drug Possession Charges
Whether your case resulted from an arrest at Holliday Farms, Stonegate, The Village of Zionsville, or elsewhere in Zionsville, having the right legal strategy can prevent a life-altering conviction. A defense attorney can begin by examining the evidence to find instances where a search may have been unlawful or where evidence may not have been properly documented and secured.
The defense attorney could also explore whether prosecutors can prove their case or where inconsistent witness testimony and other factors could weaken the state’s case.
Why You Should Hire a Drug Crime Lawyer?
Drug charges in Indiana can carry serious penalties that threaten your freedom, finances, and future. If you are facing allegations involving possession, manufacturing, or distribution, it is important to hire a drug crime lawyer who understands Zionsville drug crime laws and how to build a strong defense tailored to your drug crime case.
When you partner with the award-winning lawyers at The Criminal Defense Team, you gain trusted support from attorneys who bring more than 100 years of combined criminal defense experience. Keep in mind that awards are not guarantees of future results. Selection criteria vary by organization.
What sets our law firm apart is our collaborative approach to managing complex criminal cases and the fact that we have five Board-Certified Criminal Trial Specialists on our team. With a former prosecutor on our team who handled major felony and homicide cases, we understand how the State builds prosecutions and where weaknesses in the evidence may exist.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.
FAQs
Can a Criminal Court Judge Sentence Someone Outside of State Guidelines?
Judges must sentence defendants within the statutory sentencing ranges that are established by law. The purpose of state guidelines is to allow judges to have leeway when sentencing someone while providing established boundaries for each level of offense. Serious felonies carry minimum sentences that can leave convicted defendants facing multiple years in state prison.
How Many Grams of a Controlled Substance Is Considered a Felony in Indiana?
The number of grams of a controlled substance that is considered a felony in Indiana depends on the type of drug and quantity that is seized. Possession of dangerous drugs like methamphetamine and opioids can quickly lead to a felony or multiple felony charges. As with other crimes, aggravating and mitigating factors can influence the final sentence, which is given within state sentencing ranges.
What Are Indiana’s Drug Possession Laws?
Indiana’s drug possession laws aim to reduce the rate of crime tied to drug use and preventable overdose deaths. Opioids remain the leading cause of overdose deaths in the state, and anyone caught in possession of a controlled substance could face serious misdemeanor or felony charges. Transporting or manufacturing drugs is generally considered a more serious criminal offense than low levels of possession.
How Much of a Criminal Sentence Must Be Served in Indiana?
In certain cases, convicted criminals may be allowed to serve only a portion of their original sentence. Good behavior and lower-level offenses are both factors that can allow someone to get out of jail or prison early. When someone is convicted of a crime, there are no guarantees that they will get out early. Any steps to have the charges reduced or dropped can lead to favorable outcomes that protect a defendant’s freedom.
Contact The Criminal Defense Team Today
A drug possession charge can carry serious consequences under Indiana’s sentencing laws, but an arrest does not guarantee a conviction. The Criminal Defense Team of Baldwin Perry & Wiley, P.C. can evaluate the evidence, explain how Indiana’s drug sentencing guidelines may apply to your case, and develop a defense strategy tailored to your circumstances. Our more than 100 years of combined experience allow our team to prepare a results-driven defense.
Our firm includes five Board-Certified Criminal Trial Specialists, a distinction earned by only 0.04% of Indiana defense attorneys. Whether your case involves a misdemeanor or felony drug offense, our attorneys are prepared to challenge the prosecution’s evidence and protect your constitutional rights. Reach out to our office today to schedule a confidential consultation so we can begin building your defense.