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Fort Wayne Attorney Defends Cocaine Charges

Protecting your due process rights and fighting for positive results

Indiana law does not distinguish between various forms of cocaine, whether powder or rock. All forms belong to Schedule II of the controlled dangerous substances classification, making it similar under the law to oxycodone and methamphetamine. If you are arrested for possession of cocaine, you can expect an aggressive prosecution. So, you need an equally determined defense attorney. The Law Offices of Ryan E. Lackey protects your constitutional rights and challenges the basis for the state’s case.

Indiana penalties for possession of cocaine

The Indiana Code states that anyone who “knowingly or intentionally possesses cocaine” commits a Level 6 felony. That crime comes with a mandatory minimum sentence of one-half of a year. Additional factors can raise the severity of the crime:

  • Level 5 felony — Amount is at least five but less than 10 grams, or less than five grams with an enhancing circumstance. The mandatory minimum sentence is one year, and the maximum is six years. A convicted offender can expect to serve from nine months to four-and-one-half years.
  • Level 4 felony — Amount is at least 10 but less than 28 grams, or at least five but less than 10 grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is twelve years. A convicted offender can expect to serve from one-and-a-half years to nine years.
  • Level 3 felony — Amount is at least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is three years, and the maximum is 16 years. A convicted offender can expect to serve from 28 months to 12 years.

The penalties for cocaine possession are certainly harsh but pale in comparison to potential sentences for possession with intent to sell.

Indiana penalties for dealing cocaine

The Indiana Code states that anyone who “knowingly or intentionally” manufactures, finances the manufacture of, delivers or finances the delivery of cocaine, or possesses with intent to manufacture, finance the manufacture of, deliver or finance the delivery of cocaine, commits a Level 6 felony. That crime comes with a mandatory minimum sentence of one-half of a year. Additional factors can raise the severity of the crime:

  • Level 5 felony — Amount is at least one gram but less than five grams, or less than one gram with an enhancing circumstance. The mandatory minimum sentence is one year. and the maximum is six years. A convicted offender can expect to serve from nine months to four-and-one-half years.
  • Level 4 felony — Amount is at least five but less than 10 grams, or at least one but less than five grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is twelve years. A convicted offender can expect to serve from one-and-a-half years to nine years.
  • Level 3 felony — Amount is at least 10 grams but less than 28, or at least five but less than 10 grams with an enhancing circumstance. The mandatory minimum sentence is three years, and the maximum is 16 years. A convicted offender can expect to serve from 28 months to 12 years.
  • Level 2 felony — Amount is at least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is 10 years, and the maximum is 30 years. A convicted offender can expect to serve from seven to 23 years.

The Indiana Code 35-48-4-1.1 states that a person can be convicted of intent to sell “only if there is evidence in addition to the weight of the drug.” As your drug crime lawyer, we hold the state to that standard and force prosecutors to make their case beyond a reasonable doubt.

Contact our Fort Wayne office for aggressive defense to cocaine possession/sale charges

If you’re arrested in Indiana for cocaine possession or possession with intent, you can expect zealous prosecution. Fortunately, the Law Offices of Ryan E. Lackey provides robust representation that protects your rights. Call us today at 260-209-1666 or contact our Fort Wayne office online.