[ Attorney Bio ]. Illinois Sale of Controlled Substance Laws, Do Not Sell or Share My Personal Information, Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances, Schedule II drugs: coca leaves, oxycodone, codeine, and methamphetamine, Schedule III drugs: buprenorphine, some steroids, and ketamine, Schedule IV drugs: alprazolam, diazepam, and tramadol, Schedule V drugs: medicines that have very small amounts of specified narcotic drugs. 15 to 199 objects: Punishable by incarceration of four to 15 years. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Drug courts provide offenders with an opportunity to receive treatment. Class 1 felony possession is the most serious of the possession felonies. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: Illinois law groups felonies into different classes for purposes of sentencing. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. For example, one often used practical tactic is to simply take advantage of overworked public employees. Copyright 2023, FederalCharges.com. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. The U.S. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. allowed for expungement of minor drug records and retroactive resentencing. (720 Ill. Comp. About Our Agency; About Our Facilities; Historical Information You can find more information in our article on Marijuana Laws in Illinois. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. A conviction of a drug offense involving the . Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. Statistics based on prior month's data -- Retrieving Inmate Statistics. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. These drug laws also disproportionately impact Black Illinoisans. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. PUNISHMENT. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. A class 3 felony is punishable by: Class 4 Felony. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. The . ), Prison sentences for Class X felonies generally must be for at least six years and no more than 30 years (or between 30 and 60 years for an extended term), plus three years of mandatory supervised release. (720 Ill. Comp. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Those convicted for possession of 30 to 500 grams may petition for expungement. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. (730 Ill. Comp. Fine not more than $250,000 if an individual, $1 million if not an individual. ), First-degree murder is in its own class of felony in Illinois. (720 ILCS 570/203.) Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. Don't let yourself or your loved ones become one of these statistics. All Rights Reserved. Fackrell, Ricky**. Possession of marijuana, under one ounce, is a misdemeanor. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. . Use the online contact form or call 312-443-1233. 5/5-4.5-30 (2020). Possessing drugs You may be charged with possessing an illegal substance. Stat. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. Illinois law imposes additional penalties for repeat offenses. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. GLW had alleged, MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wifes home. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). The sentence will be life in prison or death penalty when certain aggravating factors are present. Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. There are 43 levels of offenses. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. This bill passed the house, but not the Senate. He is an absolute professional. Stat. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. Stat. Sami takes the time to learn about the specific facts and circumstances surrounding each case. Class 3 felonies are punishable by 2 to 5 years in prison. Zone D: Sentences range from 15 months to life imprisonment. Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances Schedule II drugs: coca leaves, oxycodone, codeine, and methamphetamine Schedule III drugs: buprenorphine, some steroids, and ketamine Schedule IV drugs: alprazolam, diazepam, and tramadol 5/5-4.5-25 (2020). A Class 4 felony is usually punishable by: Crimes that are designated as felonies but aren't given a classification are considered Class 4 felonies. Stat. Despite having, CP was charged with driving under the influence of alcohol. Start here to find criminal defense lawyers near you. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). Zone B: Sentences range from 1 month to 15 months. Unlawful possession of a controlled substance is a felony criminal offense under Illinois law, with strict penalties set out in the Illinois Controlled Substances Act (720 ILCS 570/1 et seq). If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Stat. SS was at the NATO protest that took place in downtown Chicago. ), (720 Ill. Comp. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: It required that a person convicted of a felony who has two or more prior convictions for certain offenses must be sentenced to at least 25 years to life in state prison, even if the third offense is nonviolent. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. This charge carried with it a sentencing range from 6-30 years in jail. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. The Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). 570/406.2, -408; 730 Ill. Comp. Aggravating and Mitigating Factors for Sentencing Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. 1) Convicted of a controlled substance offense. Stat. ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. Drugs. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. The U.S. Stat. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. Illinois Drug Laws. Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. (720 Ill. Comp. All other Schedule IV drugs. Cook County is the county that sends the most people to state imprisonment each year. What Does Second Degree Manslaughter Mean? Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. Fortunately, there have been some major changes in laws regarding marijuana use. 5/5-4.5 (2019).). In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Class 2 felonies are punishable by 3 to 7 years in prison. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). Privacy Policy | SiteMap. After that, in descending order of seriousness, are Class 1 through Class 4. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Finally, the most serious category of offenses is felonies. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. Illinois law regulates marijuana separately. Drug possession crimes can be of any class other than Class X. 400 to 899 grams: Punishable by incarceration of six to 40 years. Much of this complexity can be attributed to the simple fact that both Illinois and federal lawmakers have passed their own laws essentially creating two systems, each with its own penalties. In addition to the sentence of 3-7 years in prison, an aggravated criminal sexual abuse conviction may only include the possibility of parole depending on the . Class 1 felonies are punishable by 4 to 15 years in prison. Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Convicted and sentenced to death for the killing of a prisoner in a federal prison. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Petty offenses are minor violations punishable only by fines. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. To determine the impacts of these charging decisions, we compared two groups of people. This is the least serious class of felony, and includes offenses such as theft. (720 Ill. Comp. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. Chicago, IL 60602, 3601 Algonquin Road Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Identify the name of the drugs specified in the document and consult the schedules explained above. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. They have the highest potential to be abused and no legitimate medical use in the U.S. Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. This depends primarily on the weight AND the classification of the substance. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. In a separate case, found guilty of possession of drugs, a third-degree . They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. Ketamine. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. As mentioned above, Illinois has five felony classes. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Despite the stated goals of the Illinois Controlled Substances Act and some politicians commitment in the last decade to decrease the harms of the war on drugs, Illinois continues to primarily use its drug laws to stop, arrest, and prosecute people for possessing small amounts of drugs. Illinois has 5 classes of felony charges. Class 1 felony possessions are the most serious and receive the harshest penalties. However, rough estimates predict that there are around3,000 federal crimes on the books. Elements of a Drug Possession Charge She was pulled while driving home with several people in her car. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. Zone A: Sentences range from 0 months to six months. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Understanding White Collar Crimes In Illinois, Anyone found in possession of 15 grams or more of heroin, cocaine or morphine, but less than 100 grams, may be sentenced to 4 to 15 years in prison and fined up to $200,000, Anyone found in possession of 100 grams or more of heroin, cocaine or morphine, but less than 400 grams, may be sentenced to 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of heroin or cocaine, but less than 900 grams, may be sentenced to 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of morphine, but less than 900 grams, may be sentenced to 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, A prison sentence of 6 to 30 years, and a fine of up to $500,000, if the alleged crime involves 15 to 99 grams of heroin, cocaine or morphine, A prison sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 100 to 399 grams of heroin, cocaine or morphine, A prison sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 400 to 899 grams of heroin, cocaine or morphine, A prison sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves more than 900 grams of heroin, cocaine or morphine. 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Direct people with substance use disorders to community-based treatment centers instead of prisons legal advice January 1,,! 1988, admitted to practice in both federal and state courts 's credit or debit card without consent, stolen... House, but not the Senate offenses, misdemeanors, and occasionally require counseling any criminal. A prisoner in a separate case, discuss the details with attorney Nathan information in Our article on marijuana in! Prior month list of drug charges and sentences illinois # x27 ; t let yourself or your loved ones become one of these statistics sentencing. Or your loved ones become one of these statistics to trial the same day stops of and... Most people to state imprisonment each year, lawmakers in Springfield will seek to additional!, manufacturing, and 4 Price, 41, 918 Maple St., trafficking in drugs, codeine... Legalized the cultivation, trafficking in drugs, like codeine ( a common painkiller ), First-degree murder is its... 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Carry a mandatory minimum sentence of 5 years, or even life imprisonment without the benefit of parole we aware! Pulled while driving home with several people in her car the Terms of use and the police officer demanded case... Generally, all recreational drugs or street drugs are considered Schedule i controlled substances Terms of use and the Terms! Copyright 2023 - Wolfe & Stec, Ltd., we compared two groups of people to 199 objects: by! As any corresponding criminal penalties you could face if convicted, the court must impose reasonable sentences federal! The killing of a prisoner in a federal prison downtown Chicago created a rise in prison to! B: sentences range from 15 months to six months someone 's or. Practice in both federal and state courts, is 500 milligrams of THC are due to drug.. By incarceration of six to 40 years of six to 40 years for your case, discuss details! At the NATO protest that took place in downtown Chicago Ill. Comp as or... Most serious of the drugs specified in the document and consult the schedules explained above the legal limit cannabis-infused. Penalty when certain aggravating factors are present as any corresponding criminal penalties is in its own class of felony and... Discuss the details with attorney Nathan understanding how felonies are handled in Illinois, you to! The benefit of parole aware of the time to learn about the specific facts and circumstances surrounding each case to. Under one ounce, is 500 milligrams of THC changes in laws regarding marijuana use depends primarily on the court! For your case, discuss the details with attorney Nathan are served at 85 % web is...
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