Indiana may classify a controlled substance allegation as either a misdemeanor or a felony. The classification can affect the possible sentence, fine and long-term consequences. Understanding the factors behind the charge level can provide a clearer picture of what state law requires.
What determines the charge level?
Under Indiana law, possession of certain Schedule I through IV controlled substances without a valid prescription generally begins as a Class A misdemeanor. An added factor recognized by law may raise the allegation to a Level 6 felony.
Separate laws classify possession of certain other controlled substances as a Level 6 felony from the start, even when the amount is relatively small. Larger amounts, certain prior convictions or added factors may raise the felony level.
Dealing allegations may begin as misdemeanors or felonies, depending on the controlled substance. Added factors can include alleged conduct near school property when minors were expected to be present or on correctional facility property.
What penalties can follow a conviction?
Possible penalties depend on the charge level:
- Class A misdemeanor: Up to one year in jail and a fine that may reach $5,000.
- Level 6 felony: Six months to two and a half years in prison and a possible fine of up to $10,000.
- Level 2 felony: Ten to 30 years in prison for certain dealing allegations, depending on the substance, amount and any added factors.
The wide difference between these penalties makes the wording of the charging documents especially important.
Understanding what the state alleges
A filed charge is not a conviction, and the details can affect the outcome. Charging documents list the accusation, the law involved and whether the offense is a misdemeanor or felony. Reviewing those details can clarify what prosecutors must prove and which penalties may apply.