Possession with Intent to Deliver a Controlled Substance

Our Aurora Criminal Defense Attorneys Can Help

If you are charged with possession with intent to deliver a controlled substance, it is vital that you hire a skilled Aurora criminal defense attorney who can help you protect your future and your freedom. Unlawful possession with the intent to deliver any controlled substance is a serious felony in the state of Illinois and can result in your incarceration in the Illinois Department of Corrections.

Possession with the intent to deliver and the actual delivery of a controlled substance are treated equally under the same Illinois statute. However, they are factually different. "Intent to deliver" means that the person had any amount of a drug that was intended for sale or distribution. If the actual sale or distribution of the controlled substance does occur, the offense is usually charged as "delivery of a controlled substance."

Contact our firm today at (630) 901-8700 for a free phone consultation with our team.

How Do Possession with Intent to Deliver Charges Work?

Possession with intent to deliver is very fact-specific and will revolve around how the controlled substance or cannabis was packaged and what other paraphernalia was discovered at the time of your arrest. For example, was the product divided into pre-determined weights or amounts and was the product packaged individually? Was the product marked or were weighing scales confiscated at the time of arrest? These and other factors will contribute to any charges brought against you.

The Aurora criminal defense attorney at The Law Offices of David Lee has nearly ten years of experience handling possession with intent to deliver cases, both as a former prosecutor and as a criminal defense attorney. We understand the nuances of Illinois drug laws and the criminal justice system. You need a criminal defense attorney that will prioritize your goals and is driven by performance and results. We have successfully defended hundreds of individuals charged with drug-related offenses and are prepared to use our knowledge and experience to fight for a successful outcome in your criminal case.

What are the Penalties for Possession with

Intent to Deliver?

Penalties for possession with the intent to deliver a controlled substance usually depend on the type of narcotic or drug you have in your possession and the amount/weight of that drug. Common offenses include those for cocaine, heroin, methamphetamine, morphine, and LSD.

Here is a brief description of the various penalties for possession with the intent to deliver the above-mentioned substances:

  • Possession with the intent to deliver less than 1 gram of these controlled substances is normally charged as a class two felony, which is punishable by up to a $200,000.00 fine and/or 3 – 7 years in the Illinois Department of Corrections.
  • Possession with the intent to deliver between 1 and 15 grams of these controlled substances is normally charged as a class one felony, which is punishable by up to a $250,000.00 fine and/or 4 – 15 years in the Illinois Department of Corrections.
  • Possession with the intent to deliver between 15 and 100 grams of these controlled substances is normally charged as a class X felony, which is punishable by up to a $500,000.00 fine and/or 6 – 30 years in the Illinois Department of Corrections.
  • Possession with the intent to deliver between 100 and 400 grams of these controlled substances is normally charged as a "super" class X felony, which is punishable by up to a $500,000.00 fine and and/or 9 – 30 years in the Illinois Department of Corrections.
  • Possession with the intent to deliver between 400 and 900 grams of these controlled substances is normally charged as a "super" class X felony, which is punishable by up to a $500,000.00 fine and/or 12 – 50 years in the Illinois Department of Corrections.
  • Possession with the intent to deliver more than 900 grams of these controlled substances is normally charged as a "super" class X felony, which is punishable by up to a $500,000.00 fine and/or 15 – 60 years in the Illinois Department of Corrections.

In instances where possession with intent to deliver arrests occur within a certain range of public spaces, including churches, schools, parks, and movie theaters, or the arrested individual is in possession of a firearm, more severe penalties may result.

How Our Firm Can Help You

Possession with the intent to deliver a controlled substance is considered a very serious felony offense. There are equally severe penalties upon conviction. Most convictions for possession with the intent to deliver a controlled substance will land you in prison and irreparably damage your reputation and employment opportunities without the help of skilled Aurora criminal defense attorney. Furthermore, if you have a prior felony conviction you may be considered “extended term eligible,” which can further increase your period of incarceration. Our team can provide you with advice on how to address your pending case and can provide you with a plan to protect your freedom and your future. We understand the value of your freedom and the importance of your reputation and will use our knowledge and experience to strive for the best possible results in your case.

Need a criminal defense attorney in Aurora or nearby? Contact The Law Offices of David Lee at (630) 901-8700 today.

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