Drug Lawyer Sauk Village Illinois | Difference between possession and possession with intent to deliver

In Illinois, possession of a controlled substance is a felony and can lead to serious consequences. If you’ve been charged, contact our drug lawyer Sauk Village Illinois at (708) 218-0947 or (708) 218-0947. With decades of experience among them, the family of lawyers at the MacNeil Firm Ltd has the knowledge and courtroom experience to serve you and your case. 

Possession of a controlled substance is a felony, punishable by fines and prison time if convicted. Possession with intent to deliver will also be charged as a felony. The severity of the charge and the consequence depends on the classification of the drug involved and  on the amount of drugs involved. 

Possession with Intent to Deliver

Possession with intent to deliver is a much more serious offense than simple possession. In Illinois, it is defined as having any amount of a controlled substance on your person or in your vehicle and intending to sell it.

The difference between possession and possession with intent can be tricky because there’s no hard-and-fast rule for determining whether someone has an intention to distribute drugs.

However, there are some factors that may indicate an intent to distribute:

• The amount of drugs involved
• You have a large amount of cash with you – This may indicate you have already sold a quantity and indicate intent to sell the rest that is in your possession. 
• Witness statements 
• How the drugs were packaged – For example, if you have multiple bags of a drug that all have a similar weight, this may indicate “intent.” If you had a drug for personal use, it can be argued that you wouldn’t need it divided up into small, similarly weighted packages. 
• Additional paraphernalia that you have – For example, if you have a scale or items used to measure the quantity of a drug, it can be argued that it is used for selling the drug.

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. A drug lawyer Sauk Village Illinois can evaluate the evidence and help you understand your options and the potential consequences that go with them. In many cases, a defendant is charged with intent to sell solely based on the arresting officer’s assessment of the situation, even if the drug in possession was only meant for personal use.

Consequences for possession with intent to deliver

The consequences for possession with intent to deliver are more severe than those for simple possession. Possession with intent to deliver may be classified as a Class 2 felony, a Class 1 felony or a Class X felony. Penalties range from minimum mandatory jail sentences to hundreds of thousands of dollars in fines.

There are a range of consequences for a controlled substance:

• Less than 1 gram | Class 2 Felony | Fine of up to $200,000 | Jail Time Between 3-7 years
• Between 1-15 grams | Class 1 Felony | Fine of up to $250,000 | Jail Time Between 4-15 years
• Between 15-100 grams | Class X Felony | Fine of up to $500,000 | Jail Time Between 6-30 years
• Between 100-400 grams | Class X Felony | Fine of up to $500,000 or the value of the drug | Jail Time Between 9-30 years

Even if you have a short jail sentence or small fine, a drug conviction will be on your criminal record. That will make it difficult for you to move forward with your future. The MacNeil Firm knows how important it is to protect that future, so you have the opportunity to move forward with your life. Contact our drug lawyer Sauk Village Illinois for a consultation. 

Our drug lawyer Sauk Village Illinois is here to help you

Possession and possession with intent are two charges with very nuanced differences. Our drug lawyer Sauk Village Illinois is here to ensure that you have the best defense possible. We will evaluate your case and make sure your rights were upheld. We will look for avenues to get your charges reduced or even dropped. And we will work to make sure you have the best outcome possible. Contact us today for a free consultation. 

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Compassionate criminal defense attorneys at The MacNeil Firm Ltd. Illinois provide personalized services to their clients.