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A dealing charge changes everything about a drug case. Indiana punishes dealing far more harshly than possession, and prosecutors often file it without any evidence of an actual sale. Drug dealing covers manufacturing, delivering, or financing the sale of a controlled substance, as well as possessing one with intent to deliver it, whether the drug is marijuana, a prescription pill, cocaine, methamphetamine, heroin, or fentanyl. Under Indiana law, delivering a drug doesn’t require money to change hands, so passing pills to a friend can be charged the same way as a sale.
Penalties climb quickly with the type of drug and the amount. Dealing cocaine, methamphetamine, or a narcotic drug like heroin or fentanyl starts as a Level 5 felony for less than 1 gram, carrying one to six years, and rises to a Level 4 felony at 1 gram, a Level 3 felony at 5 grams, and a Level 2 felony at 10 grams or more, which carries 10 to 30 years. Dealing marijuana is generally a Class A misdemeanor for small amounts, a Level 6 felony from 30 grams up to 10 pounds, and a Level 5 felony at 10 pounds or more. Dealing other controlled substances, including many prescription pills, generally starts as a Level 6 felony and rises with the amount. Enhancing circumstances, like a prior dealing conviction, a weapon, or dealing near school property or a public park while a child is reasonably expected to be present, can raise a charge by a level. When a drug is delivered and someone dies from using it, Indiana can charge dealing resulting in death as a Level 1 felony.
Most dealing cases are built on circumstantial evidence rather than a recorded sale. Prosecutors point to the quantity, baggies, scales, cash, multiple phones, text messages, or a ledger and argue those things show intent to sell. Unless the amount is 28 grams or more, Indiana law generally requires evidence beyond the weight of the drugs alone to prove intent to deliver, which gives the defense real room to push back. Cases built on controlled buys raise their own questions, including the credibility of a confidential informant, gaps in audio or video recordings, and whether the chain of custody for the drugs holds up. And like any drug case, a dealing charge can fall apart if the stop, the search, or the warrant behind it wasn’t lawful.
At RileyCate, we defend dealing charges at every level, from a single delivery count to cases involving large quantities, controlled buys, or multiple defendants. Sometimes the strongest result is getting a dealing charge reduced to possession, and sometimes it’s taking the case to trial. When the evidence points to personal use, our Drug Possession page explains how that charge works, and our Drug Trafficking page covers large-scale and federal cases.
Dealing cases carry real prison exposure, and prosecutors negotiate differently with attorneys who are prepared to challenge the informant, the search, and the lab work in front of a jury. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with dealing, the stakes are high and the early decisions in your case matter. We offer a consultation to review the charges, the evidence of intent, and how the investigation was carried out. Reach out to RileyCate today to speak with a drug dealing attorney.
