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Fort Wayne Attorney Defends PCP Charges Throughout Indiana

Determined, results-oriented representation for angel dust cases

Phencyclidine, initialized as PCP and widely known as angel dust, is a Schedule II controlled dangerous substance, putting it in the same class as cocaine, morphine and oxycodone. If you are arrested for PCP possession or sale, the penalties are severe, and prosecutors are highly motivated to win a conviction. The Law Offices of Ryan E. Lackey can help, with aggressive defense representation that protects your rights. We challenge the state’s case on procedural, legal and evidentiary grounds. We never forget our duty to fight for your best possible outcome.

A short history of angel dust

PCP is a synthetic drug developed in 1926 by scientists at Parke, Davis and Company, in Michigan. The trade name was Sernyl, and the drug was first used as a general anesthetic for humans in the 1950s. However, it soon became apparent that the drug had too many dangerous after-effects, such as delusions, severe anxiety, agitation and paranoia. Human use was discontinued in 1965, and the drug was relegated to use as an animal tranquilizer. The drug became available illicitly in the late 1960s and grew in popularity in the 1970s. Because of its association with the Hell’s Angels motorcycle club who controlled a great deal of its distribution, the drug became known as angel dust.

Because PCP is often added to plant products, such as tobacco or marijuana, and smoked, accidental use is not uncommon.

Penalties for PCP possession and sale in Indiana

Indiana law provides that anyone who “knowingly or intentionally possesses” PCP commits a Level 6 felony with a mandatory minimum sentence of six months. Additional factors can elevate 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.
  • 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.
  • 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.

Given the nature of PCP use, it is possible for an accused person to be in possession without knowing the drug was added to another drug, such as a marijuana joint, or a legal product, such as a cigarette or a cigar. We thoroughly investigate your case to bring circumstances to light that raise reasonable doubt.

Offenses for sale or possession with intent to sell PCP start at a Level 6 felony with a mandatory minimum sentence of six months. The level of the offenses rises depending on the amount of the drug:

  • 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.
  • Level 4 felony — Amount is at least five but less than 10 grams, or at least one gram but less than five grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is 12 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.
  • 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.

Indiana law requires evidence of intent to sell “in addition to the weight of the drug.” A knowledgeable drug crime lawyer forces the prosecution to prove that element of the case.

Get effective criminal defense counsel for PCP arrests in Fort Wayne

Angel dust may be easy to come across, but an arrest for possession and sale is not easy to get through. If you’ve been arrested for PCP, the Law Offices of Ryan E. Lackey provides aggressive defense representation. To speak to a reputable trial lawyer, call today at 260-209-1666 or contact our Fort Wayne office online.