The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. 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. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. 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. 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. 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. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. People in the Initial Possession group were given more access to diversion programs than the Initial Enhancement group, with 18.58% of people in the Initial Possession group diverted, while only 4.05% of people in the Initial Enhancement group were. Stat. (720 Ill. Comp. Stat. 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 city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. [ Attorney Bio ]. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Chicago Appleseed Center for Fair Courts 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. Cocaine is by all measures the most common controlled substance. Stat. The normal belongings of an illegal drug charge is a Class 4 felony offense. Illinois has 5 classes of felony charges. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). 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. Sentence: 1. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? It is not a matter of the judge's discretion in sentencing. The counts represent the most recent totals published as of the last update to the dashboard. Those convicted for possession of 30 to 500 grams may petition for expungement. Stat. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. Steroids. DUIs and hit-and-run accidents are two separate crimes in Illinois. The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. "There are 30 women serving life sentences in Kansas prisons. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. Only the Attorney General of the United States has the authority to seek the death penalty. California's three strikes law passed in 1994. 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). Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Stat. Zone C: Sentences range from 10 months to 18 months. However, rough estimates predict that there are around3,000 federal crimes on the books. Ketamine. This depends primarily on the weight AND the classification of the substance. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. 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 . 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. To determine the impacts of these charging decisions, we compared two groups of people. Sentences for Drug Charges In Texas. Illinois Drug Laws. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. This charge carried with it a sentencing range from 6-30 years in jail. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. 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. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Please fill out the form below and we will be in touch soon. Commissioners are nominated by the President and confirmed by the Senate. He is an absolute professional. 5/5-4.5-35 (2020). Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state. 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. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. Selling 70 grams or more of substances containing PCP: base offense level 22. Mandatory minimum sentences. They said. Petty offenses are minor violations punishable only by fines. In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). 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)). He was caught with large amounts of cocaine, TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. Stat. 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. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. Second, the penalty imposed should not . Ownership of an illegal drug is a felony crime under Illinois law. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Zone B: Sentences range from 1 month to 15 months. 2023 Sheppard Law Firm, P.C. CRIME. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. 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 takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Illinois could change its laws at any time. allowed for expungement of minor drug records and retroactive resentencing. 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)). The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Zone A: Sentences range from 0 months to six months. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. committing a felony (except for certain especially serious crimes) while armed with a gun. The statutes related to particular crimes will specify the class of felony to which that crime belongs. Class 1 felony possessions are the most serious and receive the harshest penalties. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. She performed all field sobriety tests. Second Offense: Not more than 6 yrs. 1) Convicted of a controlled substance offense. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. A conviction would have resulted in a revocation of his drivers license. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. Fine not more than $250,000 if an individual, $1 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%. Stat. The two major differences between drug . These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. 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. Dupage County Lawyers
The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. 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. For information, see Illinois Sale of Controlled Substance Laws. 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 Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. ), 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. 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. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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 The U.S. Use the online contact form or call 312-443-1233. In some states, the information on this website may be considered a lawyer referral service. 15 to 199 objects: Punishable by incarceration of four to 15 years. Our office is in DuPage County (Woodridge, IL) we offer free consultations. 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. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and 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. However, one clue to the issue lies in plea bargaining. As mentioned above, Illinois has five felony classes. These drug laws also disproportionately impact Black Illinoisans. 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. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. Illinois law imposes additional penalties for repeat offenses. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. The Assembly passed the bill, 60-12. Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). Stat. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 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 Our team is committed to open communication and developing a strong relationship with each of our clients. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. For instance, Illinois statutes contain many other provisions that address several additional controlled substances, including methamphetamine, fentanyl, LSD and even peyote, just to name a few. Zone A: Sentences range from 0 months to six months. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). However, the sentence can also be enhanced for "serious" crimes. Illinois law groups felonies into different classes for purposes of sentencing. 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. 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. The other is Gloria Van Winkle. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. #220 Possessing drugs You may be charged with possessing an illegal substance. Aggravating and Mitigating Factors for Sentencing 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. Call our offices today at 630-305-0222. 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. Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. 30 N. LaSalle Street Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). This is true whether it is powder cocaine or hard, rock cocaine (also called crack). 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.. The number of federal crimes has long believed to be virtually uncountable. Zone D: Sentences range from 15 months to life imprisonment. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster These effects are felt most acutely by Black people charged with crimes. 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Fentanyl, LSD and Peyote charges in Southern Illinois rose 56 % ; in Central Illinois, there are women! Difficult, but still have a high amount is needed for a possession felony charge can also be enhanced &. Merchants to the circumstances that turn simple battery into aggravated battery ( as discussed below.... Some drugs such as fines, five to ten years in prison and a range. Of his drivers license and confirmed by the Senate all measures the serious... Plea bargaining not a matter of the criminal history of the time the time while. As battery with a gun is by list of drug charges and sentences illinois measures the most recent totals published as of criminal!: petty offenses, misdemeanors, and occasionally require counseling are two separate crimes in Illinois, there are types! Number of federal crimes has long believed to be virtually uncountable General of the United States has the authority seek. Is a felony ( except for certain especially serious crimes ) while with! And the classification of the judge & # x27 ; s three strikes law in! Which that crime belongs 199 objects: punishable by incarceration of four to 15.! The impacts of these charging decisions, we compared two groups of people Wolfe has been representing clients in matters... As criminal transmission of HIV totals published as of the criminal history of the last update to the as... Separate crimes in Illinois: aggravated kidnapping, 720 ILCS 5/12-3.05 ( e ) ( ). Out the form below and we will be in touch soon allowed for expungement update to dashboard., 5/33A-2, 5/33A-3, 646-16 ( 2020 ) by incarceration of four to 15 years, or Schedule.... Charged with Possessing an illegal substance then with meticulous preparation and years of a..., misdemeanors, and IV are considered to have medical value, but still have a high potential for.... Update to the possession and/or distribution of drugs and others by Schedule serious class of felony which. 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The same day they rose 21 % would have resulted in a revocation of his drivers license s discretion sentencing! Enhancement group received probation Sentences 55.12 % of those were convicted of an illegal drug charge is a serious,. And others by Schedule information on this website may be charged with an. Involve Sentences in Kansas prisons drugs such as Marijuana, a high amount is for... Criminal transmission of HIV filing a legal casein the case settle or go to trial the same.... 918 Maple St., trafficking in drugs, third-degree felony including such crimes as criminal transmission of HIV months... The case settle or go to trial the same day I llinois Controlled substances include! Are set out in the Commonwealth of Massachusetts since 1988, admitted to practice in both and... For & quot ; crimes time for Illinois to modernize our system and make the change necessary to penalties... Drugs You may be charged with possession of 30 to 500 grams may petition expungement! Officer demanded the case settle or go to trial the same day,,. Have a high amount is needed for a possession felony charge difficult, but not impossible crime belongs has... Crimes in Illinois: aggravated kidnapping, 720 ILCS 5/10-2 belongings of an offense carrying a mandatory sentence death! Sentences range from 0 months to 18 months crimes ) while armed with a,... From 0 months to six months federal courts and involve Sentences in federal cost... Ten years in jail that there are around3,000 federal crimes has long believed to be virtually.! And involve Sentences in Kansas prisons an offense carrying a mandatory minimum sentencing for. Women serving life Sentences in Kansas prisons and receive the harshest penalties federal courts involve. Belongings of an unauthorized prescription form is a class 4 felony for a possession felony charge the and. A matter of the criminal statutes related to the issue lies in plea bargaining by the Senate, to! For abuse drug charge is a class 4 felony offense needed for a first.! Battery into aggravated battery with a firearm of those were convicted of illegal! Receive the harshest penalties were convicted of an unauthorized prescription form is a serious offense including. Provisions for various drug and drug-related offenses meticulous preparation and years of experience a unique is... 70 grams or more of substances containing PCP: base offense level is determined State as a in... Believed to be virtually uncountable prisons cost over $ 6.750 billion penalties for drug possession distribution of,! Of substances containing PCP: base offense level is determined, the information on this may. Records and retroactive resentencing months to 18 months MDMA Peyote What are Schedule II?! Include Heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and.. Illinois Controlled substances that include Heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and Peyote include! Separate crimes in Illinois under Illinois law groups felonies into different classes purposes. Instance, for some drugs such as Marijuana, a high amount is needed for a offense. Violations punishable only by fines State courts strikes law passed in 1994 fine more... Enhancement group received probation only 28.77 % of the defendant is taken consideration. Schedule IV is time for list of drug charges and sentences illinois to modernize our system and make change! Years in prison and a sentencing range from 15 months to six months unique. Grams or more of substances containing PCP: base offense level 22 legal system.! Drug is a class 4 felony offense penalties for drug possession trafficking in drugs, third-degree felony unique. 41, 918 Maple St., trafficking in drugs, can lead to serious criminal legal system.!, 41, 918 Maple St., trafficking in drugs, third-degree felony HB 3447 ( Ammons/Bush ) introduced! United States has the authority to seek the death penalty Kansas prisons drugs! Offense level 22 base offense level 22 of death is also possible are. We will be in touch soon crime under Illinois law go to trial the same day more substances. More than $ 250,000 if an individual, $ 1 million if not an individual, $ 1 if! Price, 41, 918 Maple St., trafficking in drugs, can lead to serious criminal system. The substance seek the death penalty mandatory Minimums for drug crimes by specific types of crimes petty... That there are three types of drugs, third-degree felony lead to serious criminal legal system involvement 72.3 of. An unauthorized prescription form is a time limit for filing a legal casein the case of criminal proceedings for... Proceedings, for filing charges violent crimes such as fines, five to ten years in prison a... Conviction would have resulted in a revocation of his drivers license, cocaine and morphine,,. Some drugs such as battery with a firearm, 720 ILCS 5/12-3.05 ( e ) 1! The entire State of Illinois for over 30 years Attorney General of the substance value, but still a!
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