If police find you in possession of both drugs and firearms, your life is about to get a lot more complicated. The combination of guns and drugs can result in severe penalties, and you owe it to yourself and your family to speak to an experienced Indiana criminal lawyer as soon as possible.
This blog aims to shed light on the legal implications of facing charges involving both drugs and firearms in Indiana. We’ll offer insights into how these circumstances are handled under the law and provide basic guidance for those who might find themselves in a challenging situation.
Understanding the Law
The Indiana Code explicitly lays out the consequences for an individual arrested with a controlled substance. Introducing a firearm into the equation, however, can make things substantially worse.
For example, if you have less than five grams on you, possession of methamphetamine is charged as a Level 6 felony, which carries a maximum penalty of two and a half years in prison and a $10,000 fine. If an enhancing circumstance applies, however, you can be charged with a Level 5 felony, which carries a maximum penalty of six years in prison and a $10,000 fine.
Enhancing Circumstances
The State can increase the severity of criminal charges based on a number of enhancing circumstances, one of which is that the person committed the offense while in possession of a firearm. For charging purposes, it does not matter whether you were legally allowed to possess the firearm. Other enhancing circumstances include:
- having a prior conviction for dealing in a controlled substance (other than marijuana, hashish, hash oil, or salvia divinorum);
- committing the offense on or near school property or a public park;
- delivering or financing the delivery of drugs to a person under 18 years of age and at least three years your junior;
- manufacturing or financing the manufacture of drugs; and
- committing the offense in the physical presence of a child less than 18 years of age, knowing that the child was present and might be able to hear the offense.
The State of Indiana considers all of these things to be aggravating factors that demand stricter penalties.
Another example: Dealing in cocaine or a narcotic drug starts as a Level 5 felony, even if you’re caught with less than one gram of the drug in your possession. If you have a firearm on you, however, this jumps to a Level 4 felony, which carries a maximum penalty of 12 years in prison and a $10,000 fine.
Actual and Constructive Possession
The concept of possession in the context of Indiana law encompasses both actual and constructive possession. Actual possession is just what it sounds like—direct physical control over an item, such as carrying a bag of illegal substances or a firearm.
Constructive possession, on the other hand, is more nuanced and applies in situations where a person has the intent and capability to maintain control over an item, even if it’s not physically on their person.
Consider the following scenario: You wear a borrowed jacket to a friend’s house. Unbeknownst to you, the jacket contains a baggie with a small amount of cocaine. The friend that you’re visiting owns firearms.
If law enforcement should execute a search warrant while you’re hanging out, they’re liable to find both drugs and a gun in the same room. This is how things can constructively escalate.
Don’t Delay, Reach Out Today
Facing charges for drug and firearm possession in Indiana is a serious matter that demands professional legal counsel. The Marc Lopez Law Firm defends people in these situations every day. Our team understands the complexities of Indiana’s legal system and is committed to achieving the best possible outcome for your case.
If you or someone you know is dealing with charges involving guns and drugs in Indiana, it’s important to seek the assistance of an experienced Indiana criminal lawyer as soon as possible.
Don’t just hope for the best. Give us a call at 317-632-3642 and remember—always plead the 5th!
