Chicago Criminal Lawyer Blog
It is against the law in Illinois to possess any amount of cocaine at all. Cocaine, a stimulant derived from the coca plant, is classified as a Schedule I drug in Illinois. The penalties for the possession of cocaine are set out in the Illinois Controlled Substances Act at 720 ILCS 570/1 et seq.
Illinois Drug Schedule and Penalties
Illinois classifies illegal drugs into different categories, called schedules. The penalties for drug possession depend on which schedule the drug is classified in. There are five different schedules, with Schedule I being street drugs with the highest potential for abuse and Schedule V being prescription drugs with the lowest potential for abuse. Cocaine is classified as a Schedule I drug, which carries the harshest penalties given under Illinois law.
Penalties for Cocaine Possession in Chicago
What penalty you might face for cocaine possession will ultimately depend on the amount in your possession when you are arrested. If you are caught with fewer than 15 grams of cocaine, you will still be charged with a Class 4 felony, which carries the potential for a fine of up to $25,000 and a possible prison term of one to three years. If you are found with between 15 and 100 grams of cocaine, you will be charged with a Class 1 felony, which carries a mandatory prison term of between four and 15 years, in addition to fines and penalties. If you are arrested and possess between 100 and 400 grams of cocaine, you will face Class X felony charges, which carry a mandatory term of incarceration of six to 30 years.
Being arrested in possession of 400 to 900 grams of cocaine will result in a mandatory prison sentence of eight to 40 years, and over 900 grams of cocaine results in a mandatory sentence of between ten and 50 years. The fine for any arrest that involves the possession of over 100 grams of cocaine also carries a penalty of either $200,000 or the street value of the cocaine, whichever is larger.
Defenses in Cocaine Possession Cases
Just because you have been arrested for possession of cocaine does not necessarily mean you are headed to prison. An experienced drug criminal defense attorney will know what defenses are available in your case. Many cases involving cocaine possession have serious evidentiary and constitutional issues surrounding whether or not the police had probable cause to stop you in the first place, whether or not a search warrant was properly issued and followed, whether consent to a search was legally obtained, and whether any statement you may have provided was legally obtained. Any one of these issues could result in the charges against you being dismissed, or at least having the offense you are charged with lessened.
The Law Offices of David Freidberg Can Defend You Against These Claims
We are here 24 hours a day, seven days a week, ready to aggressively defend you if you are being charged with cocaine possession. If you are facing cocaine possession charges or any other drug charges, it is important to seek experienced legal representation from a Cook County drug attorney. Contact us today at 312-560-7100 or email us, for a complimentary consultation about your case.
