Chicago Methamphetamine Defense Attorney
Methamphetamine charges are relatively uncommon in Chicago and the surrounding
suburbs. In Illinois, methamphetamine 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 methamphetamine without evidence of selling it is known as "simple
possession." You likely will be charged with simple possession of
methamphetamine 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 methamphetamine if you have a large amount, have
multiple bags or containers, or a scale is nearby. Obviously, if you deliver
methamphetamine 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 Methamphetamine
-
Possession of 0-5 grams of methamphetamine is a Class 3 felony, punishable
by 2-5 years in prison under 720 ILCS 646/60(b)(1)
-
Possession of 5-15 grams of methamphetamine is a Class 2 felony, punishable
by 3-7 years in prison under 720 ILCS 646/60(b)(2)
-
Possession of 15-100 grams of methamphetamine is a Class 1 felony, punishable
by 4-15 years in prison under 720 ILCS 646/60(b)(3)
-
Possession of 100-400 grams of methamphetamine is a Class X felony, punishable
by 6-30 years prison under 720 ILCS 646/60(b)(4)
-
Possession of 400-900 grams of methamphetamine is a Class X felony, punishable
by 8-40 years in prison under 720 ILCS 646/60(b)(5)
-
Possession of 900+ grams of methamphetamine is a Class X felony, punishable
by 10-50 years in prison
Illinois Penalties for Delivering/Possessing
with Intent to Deliver Methamphetamine*
The penalties for delivering or possessing with intent to deliver methamphetamine
vary depending on the amount but are more severe than simple possession:
-
0-5 grams is a Class 2 felony, punishable by 3-7 years in prison under
720 ILCS 646/55(a)(2)(A)
-
5-15 grams is a Class 1 felony, punishable by 4-15 years in prison under
720 ILCS 646/55(a)(2)(B)
-
15-100 grams is a Class X felony, punishable by 6-30 years in prison under
720 ILCS 646/55(a)(2)(C)
-
100-400 grams is a Class X felony, punishable by 9-40 years in prison under
720 ILCS 646/55(a)(2)(D)
-
400-900 grams is a Class X felony, punishable by 12-50 years in prison
under 720 ILCS 646/55(a)(2)(E)
-
900+ grams is a Class X felony, punishable by 15-60 years in prison under
720 ILCS 646/55(a)(2)(F)
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.
* "Manufacturing" methamphetamine covers a wide range of conduct
and is punished separately under 720 ILCS 646/15.
Contact Thomas C. Hallock if you need a skilled and committed methamphetamine
defense attorney in Chicago.
Call Hallock Law at (888) 412-3741 to begin.