What is Possession with Intent in Indianapolis?

Possession with intent, commonly referred to as ‘dealing’, is a crime that occurs when a person intentionally possesses a controlled substance with the intention of selling, distributing, or delivering it to someone else. This charge is much more serious than simple possession, which is typically classified as a misdemeanor. Possession with intent is classified as a felony that is punishable by long prison sentences and high fines. Below, our Indianapolis drug crime lawyer outlines how the prosecution proves intent and other information you need to know.

How Does the Prosecution Prove Intent? 

When pursuing a conviction for possession with intent, the prosecution must prove that the accused intended to distribute, sell, or deliver a controlled substance and that any drugs found were not for personal use. Prosecutors often rely on circumstantial evidence to do this, which may include:

• Quantity: Larger amounts of a controlled substance can suggest more than personal use.
• Packaging: Containers, baggies, and other types of packaging may show that a defendant intended to distribute the drug rather than use it for themselves. This is particularly true when drugs are already divided into these separate containers.
• Paraphernalia: When drugs are found with cutting agents, digital scales, and other items used to produce or separate controlled substances into smaller portions, this can be an indication of possession with intent.
• Financial documentation: Ledgers or other financial documents that detail sales can also indicate possession with intent.
• Cash: Large amounts of cash found with drugs can also help prove possession with intent. This is particularly true when the cash is mostly in small denominations.
• Digital documentation: Phone records, text messages, and social media posts are just a few types of digital documentation that can indicate sales activity.

What are the Penalties for Intent to Deliver in Indianapolis?

The penalties for possession with intent vary greatly in Indiana, depending on the schedule of the drug and the amount in question. In most cases, the offense is classified as a felony. Those convicted of the least serious type of this offense, a Level 6 felony, will face penalties of between 6 months and 2.5 years in prison as well as a maximum $10,000 fine. On the other hand, a conviction for a higher-level felony is punishable by between 10 to 30 years in prison.

What are the Defenses to Possession with Intent?

There are many different defenses to possession with intent in Indiana. One of the most common is citing a Fourth Amendment violation that infringed on a person’s right to protection from unlawful search and seizures.

Another common defense tactic attorneys use is arguing that the evidence presented by the prosecution does not prove intent to distribute beyond a reasonable doubt.

Yet another possible defense is that you did not possess the contraband in question.

Our Drug Crime Lawyers in Indianapolis Can Prepare a Strong Defense

Possession with intent charges are very serious, but that does not mean the situation is hopeless. At Rigney Law, LLC, our Indianapolis drug crime lawyers have the experience to challenge the evidence against you and build a defense for trial. Call us now at 317-623-0989 or fill out our online form to request a free consultation and to get the legal advice you need.

Source:

law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-4-6/