Getting arrested is scary, but if you’re caught with both guns and drugs, the situation can become even worse. Indiana law has strict rules that can increase your punishment if you have both at the same time. This could mean more jail time and higher fines.
If you or someone you know is facing these charges, it’s important to understand your rights. The Marc Lopez Law Firm is here to explain how Indiana law works and why having a good lawyer is critical to protecting yourself.
How Indiana Law Treats Guns and Drugs
In Indiana, if you are caught with a gun and drugs, your charges can become more serious. Here’s how it works:
- If you have 5 to 10 grams of methamphetamine, you could be charged with a Level 6 felony, which means you might go to jail for six months to two and a half years and pay up to $10,000 in fines.
- If you also have a gun with the drugs, your charge increases to a Level 5 felony, which means you could face one to six years in prison and the same fine.
- It does not matter if your gun is legally owned. Even if you have a permit, just having the gun near drugs can make your case worse.
Why Gun and Drug Charges Are a Big Deal
When guns and drugs are found together, the law assumes the firearm is being used to protect illegal activities. Prosecutors may argue that the presence of a firearm suggests a person is selling drugs, even if there’s no clear evidence of distribution. Because of this, even a small amount of drugs can lead to much harsher penalties when a gun is nearby.
Additionally, certain federal laws could apply. If you are charged in federal court, the sentences can be even stricter than Indiana law. This is why having an experienced attorney is critical to fighting these charges.
What is Actual Possession?
Actual possession means you have direct physical control over the drugs or gun. This includes:
- The firearm or drugs are in your pocket, bag, or backpack.
- You are holding or carrying them when you are arrested.
- The item is in a bag or purse you are actively using, like a glove compartment while you drive.
This type of possession is easier for prosecutors to prove, but there are still defenses that can help, such as proving you didn’t know the gun or drugs were there.
What is Constructive Possession?
You don’t have to physically hold the gun or drugs to get in trouble. Prosecutors in Indiana can argue that you were close enough to control them, which is called constructive possession.
- If the police find a gun and drugs in the same room as you, they might say you had access to both.
- If you say something that admits the gun is yours, it could be used against you.
- Even acting nervous when the police find the gun can make your case worse.
How Do Prosecutors Prove Constructive Possession?
To convict you, the prosecution must prove:
- You knew the gun was there – They must show you were aware of the firearm’s presence.
- You could control it – Even if it wasn’t on you, they might argue you had the ability to access it.
- You acted suspiciously – Running away, making statements, or trying to hide the gun can be used against you.
Example: How a Simple Possession Charge Gets Worse
Let’s say you visit a friend’s house and bring a small bag of cocaine. Your friend owns a legal gun and keeps it in their bedroom. The police show up with a search warrant and find both your cocaine and your friend’s gun.
Even though you didn’t bring the gun, prosecutors might say you had constructive possession of it. Because of this, your Level 6 felony charge could become a Level 5 felony simply because the gun was nearby.
Other factors that might be used against you include:
- How close the gun was – Was it within your reach?
- If you lived or stayed there – The state may argue you had control over the weapon.
- What you said or did – Anything that suggests ownership or control could be evidence against you.
How a Criminal Defense Lawyer Can Help
If you’re facing gun and drug charges in Indiana, getting a good lawyer can make all the difference. The Marc Lopez Law Firm knows how to fight these cases and protect your future.
We can:
Challenge Constructive Possession – Just because a gun was in the same house doesn’t mean it was yours. ✔️ Suppress Unlawful Evidence – If the police violated your rights, we may be able to get evidence thrown out. ✔️ Negotiate for Lower Charges – We work to reduce or dismiss charges, helping you avoid serious penalties. ✔️ Fight for You in Court – If your case goes to trial, we will defend you aggressively.
Defenses Against Gun and Drug Charges
There are multiple ways to fight these charges, including:
- Illegal Search and Seizure – If the police did not follow the law when searching you or your property, the evidence could be thrown out.
- Lack of Knowledge – If you didn’t know the gun or drugs were there, you might be able to argue you weren’t in possession.
- Challenging the Evidence – Sometimes, prosecutors rely on weak evidence. A good attorney can expose these weaknesses.
Call the Marc Lopez Law Firm Today
If you are facing gun and drug charges in Indiana, don’t risk your future. A conviction could mean years in jail and a criminal record that follows you for life. Call the Marc Lopez Law Firm at 317-632-3642 for a free consultation, and remember—always Plead the Fifth!
