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4 key factors in a drug possession case

On Behalf of | Jun 18, 2024 | Criminal Defense |

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. 

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