Understanding Controlled Substances and Enhancing Circumstances

Under the Indiana Code, a “controlled substance” means any “drug, substance, or immediate precursor in schedule I, II, III, IV, or V” according to Indiana law. There are a wide range of drugs that are classified under these schedules, ranging from prescription drugs (that it may be lawful to possess with a valid prescription but not without) to substances that are always unlawful to possess, deal, manufacture, or have any similar relation to, such as cocaine, heroin, and methamphetamine. Most criminal laws concerning controlled substances in Indiana also penalize the possession, manufacture, dealing, or trafficking of any “controlled substance analog,” which the Indiana Code defines as “a substance that, due to its chemical structure and potential for abuse or misuse,” is either substantially similar to an existing controlled substance or a substance that can produce similar effects.

Many criminal charges related to any of the controlled substances classified by schedule are already very serious misdemeanors or felonies. But what happens when a controlled substance offense includes an “enhancing circumstance”? Our Indianapolis drug crime defense lawyers can tell you more.

What is an Enhancing Circumstance? 

An enhancing circumstance is something that makes a specific criminal charge more serious than it otherwise would be. There are enhancing circumstances in the Indiana Code related to controlled substances, and enhancing circumstances also exist for other types of criminal offenses. Generally speaking, enhancing circumstances related to drug crimes typically apply in one of the following situations:

• Person committing the drug offense has a prior drug crime conviction;
• Drug offense is committed while the person is in possession of a firearm;
• Drug offense occurred in a school, in a school area, or on a school bus;
• Drug offense occurred in a public park;
• Drug offense was committed in the presence of a child;
• Drug offense occurred on the property of a penal facility or juvenile facility; or
• Drug offense occurred on or near a rehabilitation facility.

How Does an Enhancing Circumstance Impact Drug Crime Charges? 

As we discussed above, under IC 35-48-1-16.5, an enhancing circumstance is one or multiple types of circumstances that makes a drug offense more serious. For example, a minor misdemeanor offense can become a more serious misdemeanor offense when there is an enhancing circumstance, a serious misdemeanor offense can become a felony offense when there is an enhancing circumstance, or a lesser felony offense can become a much more serious felony offense when there is an enhancing circumstance.

In short, when you are facing drug charges with an enhancing circumstance, you are likely looking at a more serious set of charges and the possibility of more severe penalties if you are convicted.

Contact Our Indianapolis Drug Crime Defense Attorneys for Assistance 

Are you facing charges related to the possession, manufacture, dealing, or trafficking of a controlled substance with or without an enhancing circumstance? If so, it is essential to have legal counsel on your side to help you develop a strong defense. An experienced Indianapolis drug crimes defense attorney at Rigney Law LLC can speak with you today about the details of your case and your options for defending against the charges you are facing.

Source: 

law.justia.com/codes/indiana/title-35/article-48/chapter-1/section-35-48-1-16-5/