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Fort Wayne Attorney Provides Aggressive Defense to Heroin Charges

Determined representation protects your due process rights

Perhaps no drug arouses more social opprobrium than heroin. Users are dismissed as “junkies,” and dealers are seen as predators, deliberately targeting innocents and getting them “hooked.” But at the Law Offices of Ryan E. Lackey, we understand that if anyone needs assistance without judgment, it’s a person who just got busted for heroin. We know that you are facing a major crisis in your life, and you need reliable counsel to get you through. We stand by your side, assert your rights and protect your interests. We never waver in our determination to do everything we can to produce the best result for you.

The ironic history of a heroic medicine

In the 1890s a German chemical company founded by Friedrich Bayer developed two pain relievers synthesized from natural sources. One, the company called aspirin. The other, in praise of its powerful medicinal qualities, was called heroin. Heroin turned out to be a more potent and faster-acting painkiller than morphine, which had been used extensively during the American Civil War, but had raised concerns over its addictive properties. Unfortunately, heroin did not rescue society from morphine, and in fact, turned out to be more highly addictive and destructive. The U.S. government finally outlawed the production of heroin in 1924, but by that time the drug had taken root in the American underworld.

Indiana penalties for possessing and dealing heroin

Heroin is a Schedule I controlled dangerous substance. The Indiana Code states that anyone who “knowingly or intentionally possesses” heroin is guilty of a Level 6 felony with a mandatory minimum sentence of one-half of a year. Additional factors can raise the severity of the crime:

  • Level 5 felony — 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.
  • Level 4 felony — 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 12 years.
  • Level 3 felony — 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.

Any person who “knowingly or intentionally” manufactures, finances the manufacture of, delivers or finances the delivery of heroin; or possesses with intent to manufacture, finance the manufacture of, deliver or finance the delivery of heroin, commits a Level 6 felony. The mandatory minimum sentence is one-half of a year. Additional factors can elevate the severity of the crime:

  • Level 5 felony — 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.
  • Level 4 felony — 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 12 years.
  • Level 3 felony — 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.
  • Level 2 felony — At least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is 10, and the maximum is 30 years.

The Indiana Code states very clearly that a person is guilty of intent to sell “only if there is evidence in addition to the weight of the drug.” This means prosecutors cannot infer the intent to sell simply because of the quantity of the drug in a person’s possession. As your drug crime attorney, we force authorities to prove their case.

Contact our Fort Wayne office for aggressive defense to heroin charges

An arrest for heroin possession or possession with intent creates a crisis in your life that demands calm reflection and decisive action. Before you do anything, reach out to the Law Offices of Ryan E. Lackey for robust representation that protects your rights. Call us today at 260-209-1666 or contact our Fort Wayne office online.