Indiana punishes people who are caught possessing illegal substances. A defendant can expect to face severe criminal charges, including incarceration and fines. A drug possession charge can also affect a defendant’s ability to find housing, employment and education.
People charged with drug possession in Indiana may not receive the same penalties as others. For example, if a defendant is charged with a Class B misdemeanor for drug possession, they could face up to 180 days in jail and $1,000 in fines. However, a level 3 felony is punishable by up to 16 years behind bars and $10,000 in fines.
There are a few factors that courts consider before deciding what punishments a defendant would face for drug possession. Here is what you should know:
1. Drug schedules
Drugs are categorized into different schedules depending on a substance’s abuse potential. Possession of a high-schedule drug can lead to severe punishments.
2. Substance quantity
A drug possession sentence could be increased if there was a large quantity of a substance in possession. Yet, having a small amount of a high-schedule drug can also lead to harsh penalties.
3. Intention
People use illicit drugs for many reasons. A defendant may face harsher charges if there is evidence they were intending or in the act of selling illicit substances rather than using them recreationally.
4. Criminal history
First-time convictions for drug possession are often softer than repeated offenses. Having a previous criminal conviction for any kind of crime can greatly affect a defendant’s sentence.
Drug possession charges can change your life in more ways than you can imagine. You can strategize a legal defense to mitigate criminal charges.