What Are the Legal Defenses Against a Heroin Possession Charge?

 Posted on October 11, 2024 in Drug Crimes

Heroin is classified as a Schedule I narcotic in Illinois. Possession of heroin is a serious offense that carries severe penalties like prison time and hefty fines. In addition to dire sentences, a conviction of heroin possession can appear on your criminal record and affect your future.

Understanding the possible legal defenses against a heroin possession charge is a great first step toward fighting such accusations in court. The best way to protect yourself is to hire an experienced Illinois criminal defense attorney who will build a strong defense and ensure the best legal outcome possible.

What Are the Penalties for Heroin Possession in Illinois?

Possession of less than 15 grams of heroin is a Class 4 felony which carries a fine of up to $25,000 and a prison sentence of one to three years. Anything above that quantity is considered a Class 1 felony and carries a fine of up to $200,000. Prison time varies depending on the amount of the drug that was found:

• Possession of 15g–99g of heroin is punishable by four to 15 years in prison.
• Possession of 100g–399g of heroin is punishable by six to 30 years in prison.
• Possession of 400g to 899g of heroin is punishable by eight to 40 years in prison.
• Possession of 900g or higher is punishable by 10 to 50 years in prison.

What Is Considered Heroin Possession in Illinois?

There are two types of criminal drug possession in Illinois:

• Actual possession: This means the substance is in your immediate and exclusive control. If the drug was found on your person, for example, it would be considered actual possession.
• Constructive possession: If the person does not have actual possession of the drug but has control over it and intends to exercise that control, it is considered constructive possession. If heroin was found in your car or house, for example, you may be charged with constructive possession if it can be shown that you knew about it.

How Can I Defend Against a Heroin Possession Charge in Illinois?

There are several possible legal defenses against a heroin possession charge:

• Lack of knowledge: If the prosecution cannot prove that you knew the drug was in your possession, you may be able to avoid a constructive possession charge.
• Lack of control: Similarly, you also may be able to avoid a constructive possession charge by showing the substance was not under your control.
• Illegal search and seizure: If law enforcement did not follow proper protocol when searching your property for the drug, it may be a violation of your Fourth Amendment rights and could lead to a dismissal of the charges.
• Entrapment: You also may be able to avoid charges if you can show that you were a victim of entrapment. This means law enforcement persuaded you to commit the crime and you would not have come into possession of the drug if it were not for their actions.

Keep in mind that the prosecution must prove you are guilty beyond a reasonable doubt, so a solid legal defense can go a long way. However, since any defense will require solid evidence, make sure you consult an attorney about what proof you will need.

Contact a Plainfield, IL Drug Crime Defense Attorney

Facing a heroin possession charge can be a daunting and frightening experience. Protect your rights with excellent legal representation from Reeder & Brown, P.C., where we have experience on both sides of the criminal justice system. We have handled thousands of criminal defense cases, and we are ready to defend you against charges of heroin possession or other criminal offenses. Schedule a free consultation with a Joliet, IL heroin possession defense lawyer by calling 815-885-5980 today.