Jun 25

An Illinois man faces felony charges for cocaine possession and delivery crimes, according to an article by The Pantagraph

Official reports indicate that the authorities arrested this Illinois man for unlawful possession of one to 15 grams of cocaine. This man also faces criminal charges for possession of cocaine with intent to deliver. 

Law enforcement released the Illinois man from custody pursuant to a $50,000 personal recognizance bond. There is an arraignment scheduled in this matter for July 2. 

While this legal case continues to develop, it seems like a proper occasion to review the Illinois statutes that govern possession and delivery crimes involving cocaine. 

Unlawful Possession of Cocaine

The Illinois laws against possession of cocaine appear at 720 ILCS 570/402. With the exception of rare circumstances, it is unlawful to possess cocaine or any other controlled substance in Illinois. 

The punishment for a violation of Section 402 depends largely on the type and quantity of controlled substance in question. Concerning cocaine, specifically, unlawful possession is punishable as follows:

  • Up to 15 grams — Class 4 felony with a term of imprisonment between four and 15 years and criminal fines up to $25,000;
  • 15 to 100 grams — Class 1 felony with a term of imprisonment between four and 15 years and criminal fines up to $25,000; 
  • 100 to 400 grams — Class 1 felony with a term of imprisonment between six and 30 years and criminal fines up to $200,000 or the street value, whichever is greater;
  • 400 to 900 grams — Class 1 felony with a term of imprisonment between eight and 40 years and criminal fines up to $200,000 or the street value, whichever is greater; or
  • Over 900 grams — Class 1 felony with a term of imprisonment between 10 and 50 years and criminal fines up to $200,000 or the street value, whichever is greater.

Unlawful Delivery of Cocaine

The Illinois laws against delivery of cocaine appear at 720 ILCS 570/401. With the exception of rare circumstances, it is illegal to deliver or manufacture cocaine or any other controlled substance in Illinois. It is also unlawful to possess cocaine or other controlled substances in a way that indicates an intent to deliver or manufacture. 

The punishment for a violation of Section 401 depends largely on the type and quantity of controlled substance in question. Concerning cocaine, specifically, unlawful delivery or possession with intent to deliver is punishable as follows:

  • Less than 1 gram — Class 2 felony with a term of imprisonment between three and seven years and criminal fines up to $200,000;
  • 1 to 15 grams — Class 1 felony with a term of imprisonment between four and 15 years and criminal fines up to $250,000;
  • 15 to 100 grams — Class X felony with a term of imprisonment between six and 30 years and criminal fines up to $250,000; 
  • 100 to 400 grams — Class X felony with a term of imprisonment between nine and 40 years and criminal fines up to $500,000 or the street value, whichever is greater;
  • 400 to 900 grams — Class X felony with a term of imprisonment between 12 and 50 years and criminal fines up to $500,000 or the street value, whichever is greater; or
  • Over 900 grams — Class X felony with a term of imprisonment between 15 and 60 years and criminal fines up to $500,000 or the street value, whichever is greater.

Do You Need Legal Help?

No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.

The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.