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The Penalties for Prescription Drug Criminal Charges in Indiana

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If you’ve been charged with a prescription drug crime in Indiana, it’s important to understand the possible penalties that come with a conviction. Depending on the degree of your offense and other factors, you could be facing serious consequences such as jail time and hefty fines. In order to protect yourself from the worst-case scenario, it is essential to become familiar with Indiana’s laws surrounding narcotics charges and contact an experienced Indianapolis drug crime lawyer who can help build your defense.

In this blog post, we will break down the various types of prescription drug crimes in Indiana and their associated punishments so that you can make informed decisions about how best proceed if you are charged with a narcotic-related offense. We will also provide tips for choosing an experienced drug charge attorney who can fight on your behalf in court and secure favorable outcomes for your case.

Call 317-636-7514 to Speak With a Prescription Drug Criminal Lawyer in Indianapolis
Call 317-636-7514 to Speak With a Prescription Drug Criminal Lawyer in Indianapolis

Types of Prescription Drugs and Criminal Charges

A variety of man-made drugs are commonly trafficked and abused on the black market, primarily tranquilizers, benzodiazepines, opioid painkillers, and stimulants. In more recent years, illegally made fentanyl has become increasingly popular among drug dealers due to its high potency and low manufacturing costs. The dangers posed by opioids, benzos, prescription stimulants, depressants, and fentanyl cannot be underestimated. Many users who purchase these substances from drug dealers can unknowingly become addicted or experience serious side-effects. This is why regulatory measures continue to be taken to curtail illegal sales of controlled pharmaceuticals through dealers.

The most common types of prescription drug crimes in Indiana are possession, manufacturing, distribution, and trafficking. Depending on the number and type of drugs involved, your charge could range from a misdemeanor to a felony offense. The punishment for each crime varies as follows:

Possession: Possession of narcotics without proper authorization is illegal and can lead to misdemeanor or felony charges depending on the amount and type of drug. Punishment typically includes jail time ranging from one year or more, along with fines up to $10,000.

Manufacturing: Manufacturing controlled substances in Indiana carries punishments of up to 10 years in prison and fines up to $100,000 if convicted. 

Distribution: Distributing narcotics without a prescription carries the same penalties as manufacturing, but with increased fines up to $150,000.

Trafficking: Trafficking narcotics across state lines is considered a federal offense and carries the harshest punishments of all including up to 20 years in prison and fines of up to $1 million.

Are You Facing a Prescription Drug Charge?

No matter what type of drug crime you’ve been charged with in Indiana, it’s important that you seek legal help from an experienced drug crime lawyer in Indianapolis who can provide personalized guidance for your situation. A criminal attorney can review the facts of your case and determine if there are any potential defenses that can help reduce or dismiss your charges. They will also be able to advise you on the best course of action to take in order to secure the most favorable outcome for you.

Were you just arrested for a drug crime related to prescription pills or medications? If you’ve been charged with a prescription drug crime in Indiana, contact David E. Lewis, Attorney at Law, at 317-636-7514 today for knowledgeable and experienced legal representation. Our Indianapolis drug crime attorneys will provide you with personalized advice and develop an effective defense strategy that protects your rights and preserve your freedoms. Act now before it’s too late!

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How are Drugs Categorized in Indiana?

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In Indiana, a classification system categorizes all illicit drugs and controlled substances according to their risk or potential of abuse and addiction. Drug classifications, referred to as schedules, are numbered on a scale from 1 to 5 and can be influenced by several factors, including the level of tolerance for medical treatment, physical dependency, and psychological dependency.

Although drug schedules are developed and regulated by the Federal government and Indiana legislature, the Indiana State Board of Pharmacy is legally permitted to suggest modifications, additions, and omissions to the state legislature at any time. So, while marijuana may be a Schedule I drug now, by next year it could change without warning.

Continue below to learn about schedule 1 through schedule 5 drugs, including possible sentences for such drug convictions in Indiana.

Drug Charge Lawyer Indianapolis IN 317-636-7514
Drug Charge Lawyer Indianapolis IN 317-636-7514

State Drug Schedules and Examples

Schedule 5 Drugs

A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 Drugs

A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug. This includes drugs like tranquilizers, clonazepam, diazepam, and similar benzodiazepines.

Schedule 3 Drugs

Schedule three drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, and Buprenorphine (Suboxone).

Schedule 2 Drugs

Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, methamphetamines, amphetamines, hydrocodone, morphine, oxycodone, and methadone.

Schedule 1 Drugs

Schedule one drugs are considered to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, tetrahydrocannabinols (THC), MDMA (Ecstasy), and LSD (lysergic acid diethylamide).

What to Expect From a Drug Conviction in Indiana

The level of punishment for drug crimes largely depends on two factors: the type of illegal substance and the quantity of it. Such penalties range in severity, from minor fines and short-term probation to first degree felonies and mandatory jail time. Habitual violations for the same offense or drug, as well as various other factors, will also impact the severity of a person’s drug-related sentence.

Are you currently facing drug charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled drug crime attorney in Indianapolis, Indiana. We represent adults and juveniles in drug possession, drug trafficking, and drug manufacturing cases.

Related Posts:

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Were You Arrested for Prescription Drug Possession in Indiana?

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Prescription drug use is prevalent here in Indiana. But as a schedule II narcotic, you will be arrested if you are caught in possession of such drugs without a valid prescription, and therefore, face a long list of penalties. Continue reading to learn what you need to do to protect your rights and preserve your freedoms when facing prescription drug charges in Indiana.

Prescription Drug Attorney
Prescription Drug Attorney 317-636-7514

Schedule II Drugs

According to Indiana Code 35-48-2-6, Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence.

Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Indiana Prescription Drug Penalties

Your prescription drug charges can be further enhanced as a more serious offense if certain facts are present during your arrest. Examples of possible prescription drug possession enhancements:

➨ Drug Manufacturing
➨ Priors for Dealing
➨ Possession of Firearm
➨ In Drug-Free Zones
➨ Presence of Children
➨ On School Grounds or Within 500 Feet
➨ Dealing to a Minor
➨ On or Within 500 Feet of a Park or School Bus
➨ Dealing to Someone 3 Years One’s Junior
➨ And More

Even without enhancements, the penalties for prescription drug possession can be harsh…

POSSESSION:
➥ 0 Months to 1 Year in an Indiana County Jail Facility
➥ Probation up to 1 Year
➥ Fine up to $5,000 – Not including court costs and probation fees
➥ Class A Misdemeanor

DEALING – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

DEALING – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

DEALING – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Unfortunately, Indiana does not view drug addiction as a health epidemic, but rather a crime, if you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense attorney representing your legal best interests. Otherwise, you face the possibility of being sentenced to the maximum penalties for your crime.

If you or someone you know is struggling with addition, please refer to the National Institute on Drug Abuse for information that can help.

Prescription Drug Defense in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for prescription drug defense in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

What are Legend Drugs?

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If you are on the prescription drug spectrum, whether as a medical professional, user, addict, or patient, you may have heard of the term, legend drugs. Continue reading to learn what you need to know about such drugs, including how to avoid the maximum penalties for prescription drug charges in Indiana.

Indianapolis Prescription Drug Lawyer
Indianapolis Prescription Drug Lawyer 317-636-7514

Legend Drugs and the Law

Legend drugs, simply known better as prescription drugs, can be both controlled narcotic substances and non-narcotic drugs. They are drugs that are approved by the U.S. Food and Drug Administration (FDA) for dispersal to the public. However, both state and federal law require legend drugs to be dispensed only with a prescription from a licensed physician or other licensed provider.

Aside from medical practitioners, such drugs can be authorized by veterinarians, dentists, optometrists, and other licensed medical professionals. Nurses, medical assistants, midwives, emergency medical technicians, social workers, and even psychologists are not legally authorized to write prescriptions or disperse such drugs.

Prescription Drug Charges

Here in Indiana, it is against the law to a) forge prescriptions, b) write prescriptions as a medical professional to a patient that does not require them, c) write prescriptions as a non-authorized medical professional, possess controlled narcotics without a prescription, and sale, distribute, and transport controlled narcotics. Check out the levels of punishment for some of the most common prescription drug crimes, below. These are without enhancements and priors.

? Possession:

Class A Misdemeanor
0 Months to 1 Year in an Indiana County Jail Facility.
Probation up to 1 Year.
Fine up to $5,000 – Not including court costs and probation fees.

? Fraud:

Level 6 Felony
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison.
Probation up to 2 ½ Years.
Fine up to $10,000 – Not including court costs and probation fees.

? Dealing (Less than 5 grams):

Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.

? Dealing (5 – 10 grams):

Level 3 Felony
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison.

? Dealing (Over 10 grams):

Level 2 Felony
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison.

*Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Criminal Defense for Drug Crimes in Indiana

Sadly, Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, which means there will always be a need for a hard-hitting criminal defense drug crime lawyer. If you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense lawyer on your side.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana prescription drug crime lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

State and Federal Penalties for Getting Caught With Prescription Drugs

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Prescription drug offenses have become an increasing epidemic, both nationally and internationally, within the past decade. Whether a person is taking prescribed drugs without a prescription, or abusing them as a result of a dependency, Indiana does not see drug addiction and usage as a health epidemic; instead, Indiana views illegal drug use as a crime, which means there will always be a need for a tough criminal defense drug crime lawyer.

Take a look below at some of the most common penalties for prescription drug charges.

Prescription Drug Crime Lawyer 317-636-7514
Prescription Drug Crime Lawyer 317-636-7514

State and Federal Prescription Drug Penalties

The most common prescription drug offenses here in Indiana include possession, trafficking, manufacturing, and variations of all three. There are penalties for each prescription drug crime, all of which vary in severity depending on several factors, such as the type of drug, the quantity recovered by law enforcement, Indiana drug schedules, criminal priors, criminal enhancements, and more.

As for enhancements, additional ones include, but are not limited to drug manufacturing, priors for dealing, possession of firearm, caught in drug-free zones, presence of children, on school grounds or within 500 feet, dealing to a minor, on or within 500 feet of a park or school bus, dealing to someone 3 years one’s junior.

Additional penalties may be applied to sentences, including hefty fines, probation, parole, drug screening, drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Here is a general guideline to state and federal penalties for the above-mentioned prescription drug crimes:

STATE:

Possession (No Enhancements):
0 Months to 1 Year in an Indiana County Jail Facility
Class A Misdemeanor

FEDERAL:

Prescription Fraud (No Priors):
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison
Level 6 Felony

Prescription Fraud (With Priors):
Minimum of 1 Year – Average 3 Years – Max 6 Years in Prison
Level 5 Felony

Dealing – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 1 GRAM (With Enhancements):
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 5 GRAMS (With Enhancements):
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Dealing – 5 TO 10 GRAMS (With Enhancements):
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Indiana Prescription Drug Lawyer

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

If you want to avoid jail time and other extreme drug crime penalties for prescription drug charges in Indiana, then you need the skills and determination of a licensed criminal defense lawyer. Attorney David E. Lewis will fight to reduce criminal charges, dismiss your cases, or enter you into alternative sentencing agreement in Indiana. He fights to protect and preserve your future and good name, and stops at nothing to win a more successful result for you. Call our office today at 317-636-7514 and schedule a free initial consultation to discuss and evaluate your case.