In Chicago, DuPage County and other counties in Illinois, possession of cocaine is a serious criminal offense. Possession of cocaine, possession with intent to deliver, trafficking and manufacturing cocaine are charged as felonies in the state of Illinois and in federal court.
Penalties for cocaine-related criminal charges range from fines to up to 50 years in a state or federal correctional facility (prison). Factors considered in the charges brought include the amount of cocaine in possession of the defendant, prior offenses and aggravating factors. Aggravating factors are situation-specific circumstances which, if are found to exist, increase the severity of the criminal charges.
What is Considered “Possession” of Cocaine in Illinois
According to Illinois law, there are two types of “possession.”
- Physical Possession – A person is considered to have physical possession of cocaine if it is in their hand or in a locked safe in which they have the key.
- Constructive Possession – A person has constructive possession of a controlled substance when the cocaine is found in a place where the person has intent and is capable of maintaining control and possession. For example, if cocaine is found in the bedroom of an apartment where you live alone, it may be fairly easy to prove that although you didn't have the cocaine in your physical possession at the time they were found, you had knowledge of its existence because you had sole access to the place where it was located.
Penalties for Cocaine Possession in Illinois
720 ILCS 570/402(c)
Possession of less than 15 grams of Cocaine
Class 4 Felony – Fine of up to $25,000, 1-3 years in State Correctional Facility.
Possession of 15-99 grams of Cocaine
Class 1 Felony – Fine of up to $200,000, Mandatory sentence of 4-15 years in State Correctional Facility.
Possession of 100-399 grams of Cocaine
Class 1 Felony – Fine greater than $200,000 or street value, mandatory sentence of 6-30 years in State Correctional Facility.
Possession of 400-899 grams of Cocaine
Class 1 Felony – Fine greater than $200,000 or street value, mandatory sentence of 8-40 years in State Correctional Facility.
Possession of over 900 grams of Cocaine
Class 1 Felony – Fine greater than $200,000 or street value, mandatory sentence of 10-50 years in State Correctional Facility.
Illinois Cocaine Possession Defense Lawyer – Chicago, DuPage, Kane Counties
Illinois drug defense attorneys Dominick Dolci and Pat Weiland represent people throughout Illinois and the Chicagoland area who are charged with possession of cocaine. Named 2016 Top 100 National Trial Lawyers, they know what it takes to win. Protect your future, give us a call. (630) 261-9098.
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