Possession of Cocaine or Narcotic Drug

Possession of cocaine or narcotic drug carries serious penalties under Indiana law. Whether powder form or crystal form (crack cocaine), cocaine charges come with the same standard penalties in Indiana. A cocaine conviction can come with jail time, probation, community service, mandatory rehabilitation, large fines, a permanent criminal record, and much more. It can also cause people to lose professional licenses, jobs, child custody, and firearm rights.

Common cocaine offenses include possession, dealing, trafficking, and manufacturing. The penalties for each crime depends on the amount of cocaine and the intent of its possession.

Indiana Possession of Cocaine or Narcotic Drug Penalties:

Indiana law specifically prohibits the possession of cocaine without a valid medical or research-related reason for doing so.  One who possesses cocaine unlawfully faces a felony charge of varying degrees depending on attendant circumstances:

• Level 6 felony

Possession of less than 5 grams of cocaine

• Level 5 felony

Possession of 5 to 10 grams of cocaine

Possession of 5 grams with an enhancing circumstance

• Level 4 felony

Possession of 10 to 28 grams of cocaine

Possession of 5 to 10 grams with an enhancing circumstance

• Level 3 felony

Possession of 28 or more grams of cocaine

Possession of 10 to 18 grams with an enhancing circumstance

So what is an enhancing circumstance?  Indiana law defines several, and they include:

• having a prior conviction for dealing, attempting to deal, or conspiracy to deal in a controlled substance (not including marijuana, hashish, hash oil, salvia divinorum, or a synthetic drug).
• possession of a firearm during commission of the offense.
• committing the offense on a school bus.
• committing the offense within 500 feet of school property or a public park where a person under 18 years of age was reasonably expected to be present.
• delivery or finance of delivery to a person under 18 years of age at least 3 years junior to the person.
• committing the offense in the physical presence of a child less than 18 knowing the child was present and may be able to see or hear the offense.

Indiana Dealing Penalties:

Dealing in cocaine will result in a higher charge than the mere possession of the same amount of cocaine.  The statute prohibiting dealing in cocaine criminalizes the manufacture, financing of manufacture, delivery, or financing of delivery of cocaine.  Additionally, one who possesses cocaine with the intent to commit one of these four acts may be convicted of dealing.  However,

some other indicia of intent must exist in addition to the weight of the drug possessed before one may be convicted of possession with intent.
Charges for dealing (or possession with intent to deal) apply as follows:

• Level 5 felony

Dealing less than 1 gram of cocaine

• Level 4 felony

Dealing 1 to 5 grams of cocaine

Dealing less than 1 gram with an enhancing circumstance

• Level 3 felony

Dealing 5 to 10 grams of cocaine

Dealing 1 to 5 grams with an enhancing circumstance

• Level 2 felony

Dealing more 10 or more grams of cocaine

Dealing 5 to 10 grams with an enhancing circumstance

Consult with Legal Counsel:

Call Vanderpool Law Firm, PC, at 574-268-9995 for aggressive criminal defense for cocaine charges in Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. With our help, you can avoid the maximum penalties for your Indiana cocaine charges. Call 574-268-9995 or use our contact form to schedule a free initial consultation with an experienced Indiana criminal defense lawyer you can trust.