Chicago Cocaine Defense Attorney

Cocaine charges are common in Chicago and the surrounding suburbs. In Illinois, cocaine charges usually occur in two broad categories: possession under 720 ILCS 570/402 or manufacturing/delivering/possessing with intent to deliver under 720 ILCS 570/401. Both categories are felonies.

Possessing cocaine without evidence of selling it is known as "simple possession." You likely will be charged with simple possession of cocaine if you have a small amount, in one bag or container, and no scale is nearby.

On the other hand, you likely will be charged with manufacturing/delivering/possessing with intent to deliver cocaine if you have a large amount, have multiple bags or containers, or a scale is nearby. Obviously, if you deliver cocaine to an undercover officer or an informant, you will be charged with delivery.

Regardless of whether you are charged with simple possession or something more, the government has the burden of proving beyond a reasonable doubt that you knowingly possessed the drug. As with all drug charges, you cannot be convicted of possessing something you were unaware of. Additionally, even if you knowingly possessed the drug, the evidence may be suppressed if law enforcement disregarded the Constitution in order to arrest you.

Illinois Penalties for Possession of Cocaine

• Possession of 0-15 grams of cocaine is a Class 4 felony, punishable by 1-3 years in prison under 720 ILCS 570/402(c)
• Possession of 15-100 grams of cocaine is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 570/402(a)(2)(A)
• Possession of 100-400 grams of cocaine is a Class 1 felony, punishable by 6-30 years in prison under 720 ILCS 570/402(a)(2)(B)
• Possession of 400-900 grams of cocaine is a Class 1 felony, punishable by 8-40 years in prison under 720 ILCS 570/402(a)(2)(C)
• Possession of 900+ grams of cocaine is a Class 1 felony, punishable by 10-50 years in prison under 720 ILCS 570/402(a)(2)(D)

Illinois Penalties for Manufacturing/Delivering/Possessing
with Intent to Deliver Cocaine

The penalties for manufacturing, delivering, or possessing with intent to deliver cocaine vary depending on the amount but are more severe than simple possession:

• 0-1 grams is a Class 2 felony, punishable by 3-7 years in prison under 720 ILCS 570/401(d)(i)
• 1-15 grams is a Class 1 felony, punishable by 4-15 years in prison under 720 ILCS 570/401(c)(2)
• 15-100 grams is a Class X felony, punishable by 6-30 years in prison under 720 ILCS 570/401(a)(2)(A)
• 100-400 grams is a Class X felony, punishable by 9-40 years in prison under 720 ILCS 570/401(a)(2)(B)
• 400-900 grams is a Class X felony, punishable by 12-50 years in prison under 720 ILCS 570/401(a)(2)(C)
• 900+ grams is a Class X felony, punishable by 15-60 years in prison under 720 ILCS 570/401(a)(2)(D)

Alternatives to a Prison Sentence

Chicago Defense Attorney Thomas Hallock's primary goal is always to obtain a complete dismissal of your charges or a not guilty verdict at trial. If this is not an option, his fallback position is to obtain court supervision or expungeable probation. Both options give you the opportunity to avoid incarceration and dispose of the charges without a conviction. Depending on the circumstances, you may be able to remove the arrest from your criminal record.

Contact Thomas C. Hallock if you need a skilled and committed cocaine defense attorney in Chicago.
Call (888) 412-3741 for a free case consultation.