Possession with Intent to Deliver

The crime of drug possession with intent to deliver is unique in that it deals with what could have been. Even though this crime does not actually involve distributing drugs, it still carries harsh penalties. As a felony, this offense carries hefty fines as well as the prospect of spending time in state prison. If you have been accused of this crime, you may be worried about the consequences that could follow a conviction, such as removal of your right to own firearms. You might also be concerned about how your incarceration could affect your family, especially if you are the sole earner in your household.

At O’Meara Law, we understand that being accused of any drug crime can be a frightening experience. With nearly a quarter of a century of legal experience, our Chicago drug lawyer Michael O’Meara knows how to effectively navigate the criminal justice system and to achieve good case outcomes.

To find out more about what lays ahead and what possible defense might be applicable to your case, call 312-909-0706 today.

What Is Possession With Intent to Deliver Under Illinois Law?

The crime of possession with intent to deliver can be broken down into two main components. This first is simple possession, or the act of having a controlled substance either on your person or stored within a place under your control or to which you have immediate access. Second, is the intent to deliver, sell, or distribute the drug. To prove your intent, prosecutors will look to the circumstances such as:

  • The presence of large amounts of cash on your person or in your vehicle
  • Your possession of baggies and a scale
  • Whether you had a weapon
  • Your statements to the police and any witnesses

In cases where the substance is actually delivered, the crime is known as delivery of a controlled substance. Drugs that are commonly involved in this crime include marijuana, heroin, ecstasy, cocaine, methamphetamine, mushrooms, and LSD.

Understanding the Consequences

Possession with intent to deliver most drugs is a felony that is punishable by probation, fines, and time spent in prison. The felony class depends on the circumstances surrounding the crime, such as the type and amount of controlled substances involved in the case.

  • Less than One Gram of a Controlled Substance (Class 2 Felony): A fine of up to $200,000 and between three and seven years in state prison
  • Between one and 15 Grams of a Controlled Substance (Class 1 Felony): A fine of up to $250,000 and between four and 15 years in state prison
  • Between 15 and 100 Grams of a Controlled Substance (Class X Felony): A fine of up to $500,000, a mandatory minimum sentence of six years, and a maximum sentence of 30 years
  • Between 100 and 400 Grams of a Controlled Substance (Super X Felony): A fine of up to $500,000 and a prison sentence that ranges from nine to 30 years

Possession with intent to deliver marijuana may be classified as a misdemeanor or felony, depending on the amount and circumstances of the crime.

If you are convicted of possession with intent to deliver, the worst consequences may come after you are released from prison. With a criminal record, few employers will provide you with employment offers due to the stigma that surrounds convicts. Further, your attempts to further your education might also be stifled. Many colleges and universities screen applicants before admitting them, and scholarships are not available when you have been convicted of a crime. Even worse, federal financial aid may not available to people convicted of drug offenses. And as a felon, you will not be able to own or possess a firearm under any circumstances.

Helping You Avoid the Consequences of a Conviction

There are several defense strategies that can help you avoid spending time behind bars. Although every case is different, some common defenses to possession with intent include:

  • Arguing that the circumstances and evidence do not prove that you had the intent to distribute
  • Claiming that faulty testing methods do not show that the substance you possessed was a drug
  • Proving that the police unlawfully arrested you or searched your property in violation of your rights
  • Demonstrating that the alleged controlled substance was not in your possession or under your control
  • Arguing that you possessed the drug unknowingly

Whether you were falsely accused or treated unfairly by police, you deserve to have a skilled Chicago drug possession attorney to fight for your freedom. At O’Meara Law, we understand how frightening and disorienting the criminal justice system can be, so our goal is to lead your case to a positive resolution while reducing the stress of litigation

To see how your drug possession with intent charges can be reduced or eliminated, call 312-909-0706 now.

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