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The Charges

In Illinois, depending on the amount and type of drugs you are charged with dealing, you are either facing misdemeanor or felony charges. A misdemeanor is less serious than a felony. A misdemeanor conviction can result in up to but no more than a year in jail while a felony conviction will often result in many years in jail. Misdemeanor penalties could also include community service and fines that are not as steep as felony fines.

No matter what the charge is, you need to remember two things: 1. Never, ever plead guilty at the onset. Many guilty people go free or have their charges reduced. 2. Become goal focused and work with your attorney to meet that goal. For some people a win is having the case dismissed. For others they just want to avoid jail time. Discuss your goals with any lawyer you are thinking of hiring.

The Details – Amount and Type

When charges are brought, the drug you are caught with plays a big role in what you are facing. If the type of drug is marijuana, for example, the amount will determine which of the following types of misdemeanor or felony you are charged with:

• Class A misdemeanor - Possession of more than 10 grams but less than 30 grams of marijuana
• Class B misdemeanor - Possession of more than 2.5 grams but less than 10 grams of marijuana
• Class C misdemeanor - Possession of less than 2.5 grams of marijuana

Within felonies, the classes are as follows:

• Class 1 felony – Possession of more than 5000 grams of marijuana
• Class 2 felony – Possession of more than 2000 grams but less than 5000 grams of marijuana
• Class 3 felony – Possession of more than 500 grams but less than 2000 grams of marijuana
• Class 4 felony - Possession of more than 30 grams but less than 500 grams of marijuana

Of course there are different guidelines for drugs like heroin, cocaine, prescription drugs, etc.

Other Factors

Have you been convicted of similar offenses before? Were you dealing drugs such as cocaine, methamphetamine or heroin or other controlled substances? Were you dealing within 1,000 feet of a school, church or public park? If you answered yes to any of these questions, it will affect the class you are charged in above and, therefore, the consequences.

Was it a ‘casual delivery’ of marijuana? Casual delivery means the delivery of not more than 10 grams. If so, the charges will be in line with the class structure of drug possession as opposed to drug sale or trafficking, and therefore the consequences will be less severe.

Possible Consequences (below relates to marijuana)

• Class A misdemeanor – Up to 1 to 3 years in jail; fines up to $25,000
• Class B misdemeanor – Up to one year in jail; fines up to $2,500
• Class C misdemeanor – Up to 6 months in jail; fines up to $1,500

• Class 1 felony – Up to 6 to 30 years in prison; fines up to $200,000
• Class 2 felony – Up to 4 to 15 years in prison; fines up to $150,000
• Class 3 felony – Up to 3 to 5 years in prison; fines up to $100,000
• Class 4 felony – Up to 2 to 5 years in prison; fines up to $50,000

Now What?

It is in your best interest to hire an experienced criminal defense attorney who has handled drug cases like yours. It is also very important that the lawyer handles cases in the county in which you are charged. The best drug attorney in Chicago probably isn’t the right lawyer to hire if your case is in Wheaton. Depending on the facts and circumstances of your case, you may have a good defense, but you need a good lawyer to help you understand the law and prepare you to defend yourself. Remember, every case is defendable.

Since 2001 findgreatlawyers.com has helped people find the right lawyer for their unique case. We are attorneys who don’t promise a result, but do guarantee that we will never recommend you hire a lawyer that we wouldn’t hire ourselves. If you would like a recommendation just contact us at (312) 346-5320.