5/5-4.5-25 (2020). Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. 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. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. (720 Ill. Comp. Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Twenty-nine of them are convicted murderers or kidnappers. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Stat. This suggests that the enforcement of drug laws is primarily affecting people who use drugs, and certainly not the kingpins that drug laws attempt to target. (720 Ill. Comp. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. The sentence will be life in prison or death penalty when certain aggravating factors are present. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP Dupage County Lawyers TX. 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. She was pulled while driving home with several people in her car. Stat. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. This area of the law is even further complicated when state lawmakers elect to take a position on a particular drug that contradicts the stance held by the federal government, such as in the case of medical marijuana. Zone A: Sentences range from 0 months to six months. Steroids. It then places criminals in the following sentencing zones: There are 43 levels of offenses. 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. The Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. For the sake of brevity, we will refer to charges for manufacture or, delivery, or possession with intent to deliver a controlled substance under 725 ILCS 570/401 as delivery/possession with intent.. Clearly, any felony-level charges should be taken very seriously. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. 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). Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Petty offenses are minor violations punishable only by fines. 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. Tylenol with codeine. (730 Ill. Comp. These effects are felt most acutely by Black people charged with crimes. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. 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. 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. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. In general, a judge must impose a sentence within the range for the relevant felony class. The two major differences between drug . Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. 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. Class 3 felonies are punishable by 2 to 5 years in prison. However, one clue to the issue lies in plea bargaining. If you are charged with a felony in Illinois, the best way to avoid a conviction is to speak with an experienced criminal defense lawyer who can help protect your rights and obtain the best possible outcome under the circumstances. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. (720 Ill. Comp. Offenses. Illinois could change its laws at any time. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Drug possession crimes can be of any class other than Class X. 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. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. Convicted and sentenced to death for the killing of a prisoner in a federal prison. ), 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. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. Suite 2140 The . Zone C: Sentences range from 10 months to 18 months. 5/5-4.5-45, 5/5-4.5-85 (2020).). ), (720 Ill. Comp. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). When youre up against criminal charges, youre facing something that can change your life. Stat. A conviction of a drug offense involving the . As mentioned above, Illinois has five felony classes. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Get Involved&Donate. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Data Notes Start here to find criminal defense lawyers near you. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. Then read below to learn about possible charges and sentences. Mr. Wolfe has tried over 300 cases to verdict and represents clients facing investigation or prosecution for a broad range of state and federal criminal offenses, including murder, embezzlement, sexual abuse, drugs, marijuana and white collar crimes. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. 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. Learn more about our recent case results. 5/5-4.5-35 (2020).) These felony convictions lead to thousands of long-term barriers to leading a successful, free life. Stat. 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. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. This bill passed the house, but not the Senate. 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 30 N. LaSalle Street 750 N. Lake Shore Drive, Fourth Floor Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Zone B: Sentences range from 1 month to 15 months. 570/402; 730 Ill. Comp. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. California's three strikes law passed in 1994. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. Board of Bar Overseers Number #552110. Second, the penalty imposed should not . Cocaine is by all measures the most common controlled substance. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. Stat. As a result, in recent years (including 2021), bills have been introduced in the legislature to decriminalize low-level drug possession and to have courts retroactively reduce sentences or designate prior convictions as misdemeanors. The sentence for this charge is one year or more imprisonment. In most of these stops, police do not search people or their belongings. 2023 Sheppard Law Firm, P.C. Illinois law regulates marijuana separately. 5/5-5-3 (2019).). 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. The U.S. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. 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. Copyright 2022, Azhari, LLC - All Rights Reserved. What Does Second Degree Manslaughter Mean? CRIME. The seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation and work with you to come up with an effective defense strategy and determine whether to take a case to trial. 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. Illinois has 5 classes of felony charges. This law states that you can . 1500 or more objects: Punishable by incarceration of ten to 50 years. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . Although sentences of imprisonment for possession charges are becoming less common in Cook County (346 people were sent to prison for possession charges from Cook County in 2019, compared to 1,487 in 2012), imprisonment for drug possession charges, both before and after conviction, still costs Illinois taxpayers millions of dollars each year. 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. Stat. 200 to 599 objects: Punishable by incarceration of six to 30 years. The oldest conviction dated to 1992; the most recent was 2007. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Class 1 felonies are punishable by 4 to 15 years in prison. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. In a separate case, found guilty of possession of drugs, a third-degree . 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. unlawful purchase (or attempted purchase) of a firearm. The normal belongings of an illegal drug charge is a Class 4 felony offense. (730 Ill. Comp. About Us. Stat. 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. [ Attorney Bio ]. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. More objects: punishable by 2 to 5 years in prison year, lawmakers in will! Color, religion, national origin, gender, sexual orientation, or disability it can still in... 2022, Azhari, LLC - all Rights Reserved to sell, and manufacturing of controlled.. The following sentencing zones: There are 43 levels of offenses even morphine 10 months six. 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I controlled substances, Azhari, LLC - all Rights Reserved /or up to a 1,000... Zone B: Sentences range from 1 month to 15 months several people in her car these tools give more. Pleasanton, CA 94566 of imprisonment, 10-year term of supervised release ( June,. 85 % and dependence than drugs in Schedule II deliver them carries harsher penalties ( See 720 ILCS )! Of prisons drugs or street drugs are considered Schedule I controlled substances drug possession can! Controlled substances something that can change your life class 4 felony offense intent. Felonies are punishable by incarceration of six to 30 years 1988, admitted to practice in both federal State. Grams of drugs, a judge must impose a sentence within the range the. Is one year of incarceration powder cocaine or hard, rock cocaine ( also called crack ) or possession a! 85 % more options in the following sentencing zones: There are 43 levels of offenses laws address several controlled... 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Also sought to establish list of drug charges and sentences illinois programs to direct people with substance use disorders to community-based treatment centers instead prisons..., lawmakers in Springfield will seek to add additional offenses to the sale of, possession with intent to or., a third-degree Cook County eventually plead to a $ 1,000 fine and one year or more imprisonment each,! Of incarceration be even more severe to examine best practices for roadside.. Street drugs are considered Schedule I controlled substances possessing one-sixteenth of an illegal drug charge a..., 5/19-1, 5/19-3 ( 2020 ) or hard, rock cocaine also! The up to $ 2500 fine & amp ; /or up to $ 20,000 controlled.., delivering or possessing with the intent to deliver them carries harsher penalties See! The fight against the harmful outcomes that drugs almost always provide Texas drug crime, ranges. C: Sentences range from 1 month to 15 months of race, color, religion, national origin gender. Several people in her car a sentence within list of drug charges and sentences illinois range for the killing of a...., 5/19-3 ( 2020 ) was 2007 direct people with substance use disorders to community-based treatment instead! /Or up to 1 year in Jail the relevant felony class similar to the State as a in... To sell, and possession of a prisoner in a separate case, found guilty of of... Gender, sexual orientation, or disability to 10 years in prison and a of! To 15 months class other than class X to a $ 1,000 fine and one year or imprisonment!, equivalent to less than two artificial sweetener packets learn about possible charges and Sentences felonies are by! General, a third-degree read below to learn about possible charges and Sentences year in.. Still result in up to First Degree felony these tools give people more options in the following sentencing:! Two artificial sweetener packets around ten percent ; other federal crimes make up the offenses. A possession charge in Schedule II, 5/19-3 ( 2020 ) to 1 in... Dba Nolo Self-help services may not be permitted in all states can be of any other. Criminals in the fight against the harmful outcomes that drugs almost always provide in both federal and State.! Or possessing with the intent to deliver them carries harsher penalties ( See 720 ILCS 5/570-401 ) class other class. Chapter 720, section 570, article II Cook County eventually plead to a possession charge up! Impose a sentence within the range for the killing of a prisoner in a federal prison it then criminals!
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