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Penalties for Conviction

Felonies and Misdemeanors

Penalties for Conviction in the State of Indiana as of July 1, 2014

Level 1 Felony – Minimum of 20 years in jail and maximum of 40 years in jail.

Level 2 Felony – Minimum of 10 years in jail and maximum of 30 years in jail.

Level 3 Felony – Minimum of 3 years in jail and maximum of 16 years in jail.

Level 4 Felony – Minimum of 2 years in jail and maximum of 12 years in jail.

Level 5 Felony – Minimum of 1 year in jail and maximum of 6 years in jail.

Level 6 Felony – Minimum of 6 months in jail and maximum of 2 years and 6 months in jail.

Class A Misdemeanor – Up to 365 days in jail.

Class B Misdemeanor – Up to 180 days in jail.

Class C Misdemeanor – Up to 60 days in jail.

Under the new Sentencing regulations in Indiana, drug offenses in this state can range from Level 2 Felonies (Ex. Dealing in cocaine/narcotic drug or meth amount at least 10 grams) to a Class B Misdemeanors (Ex. Possession of marijuana, hash oil, hashish, or salvia.) 

Law for any and all crimes committed prior to July 1, 2014

A Felony - Minimum of 20 years in jail and a Maximum of 50 years in jail

B Felony - Minimum of 6 years in jail and a Maximum of 20 years in jail

C Felony - Minimum of 2 years in jail and Maximum of 8 years in jail

D Felony - Minimum of 6 months in jail and Maximum of 3 years in jail

A Misdemeanor - up to 365 days in jail

B Misdemeanor - up to 180 days in jail

C Misdemeanor - up to 60 days in jail

Drug Offenses in Indiana can range from a B misdemeanor (Possessing a Look a Like Substance) to an A Felony (Dealing more than 3 grams of cocaine).

The most common type of drug offense in Indiana is possession of marijuana under 30 grams.  This is charged as an A misdemeanor.  Possessing more than 30 grams or having a prior conviction for possession of marijuana will automatically turn the A misdemeanor charge into a Level 6 felony.

It is important that you hire a drug criminal defense attorney if you are charged with a drug crime. In addition to the possibility of jail time, as described above, additional penalties, often called "collateral consequences", exist for being convicted of a drug charge.  The Court is not required to advise a person charged of these collateral consequences.  These collateral consequences can include:

1.  Enhancements on Subsequent Drug Charges. A conviction for a drug crime will cause you to receive a stiffer penalty if you ever get caught with drugs again. In some circumstances, what would normally be charged as a misdemeanor will be charged as a felony if a new charge is picked up in the future.  

Do not take chances with drug crimes.

2.  Being convicted of drug offenses puts Federal Student Aid in Jeopardy.  Too many times I have seen some young person or some person trying to have a better life take a quick plea for possession of marijuana or other drugs and not realize that they would not be eligible for Federal Student Aid.  This applies to other Federal programs as well, including food stamps and subsidized house.

Do not take a drug charge lightly.

3.  Ability to legally own a firearm.  If you are convicted of a drug charge, even if it is not a felony you may have problems legally owning a firearm.  If you are convicted of a felony, you will be not allowed to own a firearm per Federal Law.

Do not take chances with drug crimes.

4.  Parenting Rights.  A drug charge and conviction will likely have a negative effect on a person's parenting rights and may be taken into consideration by the family law judge.  

Do not take a drug charge lightly.

Contact Attorney Marc Lopez today at 317 632 3642 or by email.