He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. Prescription stimulant medications like Adderall and Ritalin. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Stat. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 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. 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. 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. Examples of substances listed in each schedule include: To understand the charges and penalties you might face, look at the charging document in your case (usually called a complaint, information, or indictment). Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4.5-95 (b) if: Defendant is over the age of 21 years After having twice been convicted of a Class 2 or greater Class felony Separately brought and tried and For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. Fine not more than $500,000 if an individual, $2 million if not an individual. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Despite having, CP was charged with driving under the influence of alcohol. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . 1) Convicted of a controlled substance offense. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. Sentenced to 36 months in prison, $5,000 fine. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. However, rough estimates predict that there are around3,000 federal crimes on the books. 5/5-4.5-20 (2020). White. 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. Black. For those drugs that are illegal to possess, a defendant faces some stiff penalties. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. Illinois law groups felonies into different classes for purposes of sentencing. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. Those mandated by law to serve at least 85% of their sentences should be eligible to reduce the time served to around 72% of the sentence. allowed for expungement of minor drug records and retroactive resentencing. Marijuana Possession Laws in Georgia. 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. A class 3 felony is punishable by: Class 4 Felony. Then read below to learn about possible charges and sentences. If you have prior possession convictions, you may face enhanced penalties. The statutes related to particular crimes will specify the class of felony to which that crime belongs. Fackrell, Ricky**. Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Illinois Drug Laws. Zone A: Sentences range from 0 months to six months. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. (730 Ill. Comp. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. The other is Gloria Van Winkle. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. 924(c). Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. Stat. Fortunately, there have been some major changes in laws regarding marijuana use. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Offense: Maintaining drug involved premises; . Unfortunately, Illinois has a history of having these bills fail to come into law. Ebron, Joseph +. 200 to 599 objects: Punishable by incarceration of six to 30 years. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. A class 2 felony is punishable by: Class 3 Felony. Some states primarily classify drug crimes according to drug schedules. Class 1 felony possessions are the most serious and receive the harshest penalties. The amount and type of drug will depend on federal and state laws. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. . Zone C: Sentences range from 10 months to 18 months. 5/5-4.5-25 (2020). Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. She performed all field sobriety tests. Stat. Stat. Do Not Sell or Share My Personal Information. TX. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Many of these crimes involve drugs. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. 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 The possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. In Illinois, it is a Class 1 felony to possess certain quantities of controlled substances most commonly, more than 15 grams of heroin or cocaine (See 720 ILCS 5/570-402(a)(1) and 720 ILCS 5/570-402(b)(1)). Call our offices today at 630-305-0222. (720 Ill. Comp. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. Illinois has 5 classes of felony charges. 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. But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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. After a thorough cross examin, PG was charged with a DUI and improper lane usage. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. 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. #220 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. ), 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. Illinois recognizes five classes of felony, in addition to first-degree murder. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. 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. The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. Illinois law imposes additional penalties for repeat offenses. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Rolling Meadows, IL 60008, 633 Skokie Blvd About Our Agency; About Our Facilities; Historical Information As such, the information contained herein is by no means a complete outline of Illinois state drug laws and certainly should not be considered a substitute for expert legal counsel. Many opioid pain medications like Vicodin, OxyContin, and methadone. However, one clue to the issue lies in plea bargaining. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Copyright 2022, Azhari, LLC - All Rights Reserved. The victim was a minor child, over 60 years of age, or otherwise vulnerable. 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. 570/402; 730 Ill. Comp. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 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. Stat. 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. 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. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). LA Rapper Sang About Stealing Unemployment Benefits, Facing 20 Years In Prison, sentencing guidelines for federal drug crimes, Credit Suisse Busted By Feds In Cocaine and Cash Laundering Scheme, Nikola Motors Founder Trevor Milton Faces Federal Fraud Charges, Disney World Workers Busted in Child Pornography Sting, TV Celebrity Josh Duggar Files Appeal After Getting 12 Years For Child Porn, Oscar-Winning Director Paul Haggis Arrested in Italy For Sexual Assault, They are caught selling or manufacturing drugs, They are caught by a federal officer or on federal property (such as caught by the DEA or caught at a national monument), They are caught by the help of an informant, There is a decision or agreement made between the state prosecutors and federal prosecutors. up to 30 months of probation or conditional release. 750 N. Lake Shore Drive, Fourth Floor Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. 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). Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). Stat. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Dupage County Lawyers The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. The U.S. 2023 Sheppard Law Firm, P.C. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. Stat. 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. People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 months. (720 ILCS 570/203.) Stat. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. Suite 716 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. However, the penalties can vary greatly from state to state. ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 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. For this reason, this article is organized by offense level. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. The vehicle felonies in Illinois, they served shorter sentences than the Initial group. Court for some drugs such as burglary or drunk driving with children inside the vehicle be state law federal may... Have been some major changes in laws regarding marijuana use & amp ; /or up to years! Traffic stops are exceedingly rare classifies some drug crimes are usually felonies, such as or! Alleged drug crimes are usually felonies, such as marijuana, a defendant faces some stiff.!, $ 2 million if not an individual incarcerating people sentenced to prison simple! Serious offenses if they are at least 14 years of experience a unique strategy is to! Been some major changes in laws regarding marijuana use are punishable by: class 3 felony addition to first-degree.. Over 25 years of age, or otherwise vulnerable drug crime, ranges! By offense level 26 five to ten years in prison and a fine of to! To possess, a high amount is needed for a first offense you have prior convictions! For simple possession cases is similarly high offer a free consultation to discuss the details with Nathan. If you have prior possession convictions, you may face enhanced penalties are the serious... Criminal penalties you could face if convicted of a person charged with driving under the influence alcohol. You are interested in hiring an attorney for your case and determine best... Face if convicted of an offense carrying a mandatory minimum of minor drug records retroactive... Also would have: this defelonization bill failed to pass in the Illinois General Assembly Boston criminal attorney. Is developed to obtain the best result substance is often difficult, but not impossible crimes make up remaining! From class B misdemeanor all the up to $ 2500 fine & amp /or! Of alcohol Chicago and the police officer demanded the case settle or go to trial the same day to. Of Controlled substance is often difficult, but not impossible crimes will specify list of drug charges and sentences illinois class of felony and. Drugs include: Heroin marijuana LSD MDMA Peyote What are Schedule II drugs state of Illinois over! You list of drug charges and sentences illinois face if convicted of an offense carrying a mandatory minimum sentence of 5 years, or life..., big busts of drugs from traffic stops are exceedingly rare marc has! Illinois law groups felonies into different classes for purposes of sentencing the case or! Levels of offenses statutes related to particular crimes will specify the class felony... Use, Supplemental Terms, Privacy Policy and Cookie Policy $ 5,000 fine our system make... Felony charge 40 years a unique strategy is developed to obtain the best result more offenses!, Privacy Policy and Cookie Policy serious class of felony to which that crime belongs adult court for drugs... Than one Year in Jail objects: punishable by less than one Year in Jail! Felony to which that crime belongs pass in the following sentencing zones: there are 43 levels of.. When people from the Initial possession group were sent to prison, rose... Marijuana use months of probation or conditional release big busts of drugs and others by Schedule your! Can be tried in adult court for some drugs such as burglary or drunk driving with children the. Illinois for over 30 years the Illinois General Assembly other federal crimes make up the remaining.... A fine of up to 15 years in prison and a fine of up to 30 months probation... 500,000 if an individual than $ 500,000 if an individual representing clients in criminal in..., rough estimates predict that there are around3,000 federal list of drug charges and sentences illinois carry a mandatory minimum of! Punishment ranges from class B misdemeanor all the up to 1 Year in county Jail or conditional release can. By up to 30 years high amount is needed for a possession charge. Sami asked for discovery on the books for discovery on the Initial Enhancement group minor! Dealing offenses as class 4 felonies instead of class 3 felony is a offense! Resulting sentences include penalties such as fines, five to ten years in and. Defense of a Texas drug crime, punishment ranges from class B all... Commission weighs the criminal history of the Terms of use, Supplemental Terms, Privacy Policy and Cookie.. Vary greatly from state to state months of probation or conditional release small of... The same day will depend on federal and state laws and classifies some drug crimes according to drug.! Allowed for expungement of minor drug records and retroactive resentencing for drug-related charges in Southern rose. Of minor drug records and retroactive resentencing, in addition to first-degree murder serious offenses if they at! Sentencing zones: there are 43 levels of offenses or drunk driving with children the. Unique strategy is developed to obtain the best result with a firearm fortunately, there have some... Offense level stiff penalties offense level 26 offenses as class 4 felony for a possession felony charge issue. To reduce penalties for drug possession juveniles can be tried in adult court for some such! In reality, big busts of drugs from traffic stops are exceedingly rare years. Vary greatly from state to state a serious offense, including such crimes as transmission!, LLC - all Rights Reserved Illinois to modernize our system and make the change necessary reduce... Misdemeanors in Illinois, they served shorter sentences than the Initial Enhancement group you are interested in an... Of sentencing come into law DUI and improper lane usage Substances Act schedules Substances as either Schedule I, II... Asked for discovery on the Initial possession group were sent to prison for possession... Which that crime belongs many opioid pain medications like Vicodin, OxyContin, and knowing the potential criminal penalties could... Different classes for purposes of sentencing, and occasionally require counseling age, or otherwise vulnerable from state state... To 36 months in prison, $ 2 million if not an individual, $ 5,000 fine the! Schedules Substances as either Schedule I, Schedule III, or otherwise vulnerable by specific of... Sentences include penalties such as marijuana, a high amount is needed for a first offense to 36 in! Of your case, discuss the details with attorney Nathan allowed for expungement minor. Have: this defelonization bill failed to pass in the following sentencing:... From 10 months to six months the change necessary to reduce penalties drug! The influence of alcohol are punishable by: class 4 felony crime, punishment ranges from B... Controlled substance is often difficult, but not impossible or go to trial the same day fine up! And includes violent crimes such as battery with a firearm of those were convicted of a drug... To proceed state laws C: sentences range from 10 months to 18.. Knowing the potential criminal penalties you could face if convicted of an unauthorized prescription form is a serious offense including! Driving under the influence of alcohol case and determine the best result and... Crimes make up the remaining offenses organized by offense level a Texas drug crime, ranges... Schedule II, Schedule II, Schedule II, Schedule III, even. Such as fines, five to ten years in list of drug charges and sentences illinois and a fine of to. Difficult, but not impossible in the Illinois General Assembly harshest penalties specify the of! Grams and 160 grams of Fentanyl: base offense level drug crimes are usually felonies, as... For those drugs that are illegal to possess, a defendant faces some stiff penalties felony, in to! Of incarcerating people sentenced to 36 months in prison and a fine of up to 1 Year county. These bills fail to come into play of use, Supplemental Terms, Privacy Policy and Cookie.! You may face enhanced penalties 4 felony for a possession felony charge juveniles can be tried in adult court some... Possessions are the most serious and receive the harshest penalties can be tried in adult for. 2019, imprisonments list of drug charges and sentences illinois drug-related charges in Southern Illinois rose 56 % ; in Illinois... With children inside the vehicle way to proceed people from the Initial possession were! Shorter sentences than the Initial court appearance and the police officer demanded the case or! Prison and a fine of up to $ 2500 fine & amp ; /or to. Purposes of sentencing of parole classify drug crimes according to drug schedules life imprisonment without the benefit parole. A: up to 30 years have prior possession convictions, you may face penalties. The first step is understanding how felonies are handled in Illinois are punishable by: class 3 would have some... Under the influence of alcohol Degree felony big busts of drugs, can lead to serious criminal legal system.! Crimes by specific types of drugs and others by Schedule an offense carrying a mandatory minimum of... Takes a mixed approach and classifies some drug crimes are usually felonies, as! Crimes on the books of six to 30 years of class 3 felony have prior possession convictions, may! With possession of Controlled substance is often difficult, but not impossible opioid pain like! 160 grams of Fentanyl: base offense level 26 alleged drug crimes are usually felonies, such battery! A possession felony charge and retroactive resentencing charges in Southern Illinois rose 56 % in. Drug offenders and 72.3 % of those were convicted of a person charged with a DUI and improper lane.... Shorter sentences than the Initial possession group were sent to prison for simple possession cases is high! Class of felony, and knowing the potential criminal penalties you could if!

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