Stat. However, the sentence can also be enhanced for "serious" crimes. For information, see Illinois Sale of Controlled Substance Laws. 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 victim was a minor child, over 60 years of age, or otherwise vulnerable. 15 to 199 objects: Punishable by incarceration of four to 15 years. We are good listeners and provide honest answers to questions our clients have. 1 ), (720 Ill. Comp. In general, a judge must impose a sentence within the range for the relevant felony class. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. See all 50 state penalties for involuntary manslaughter in detail below. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. In fact, anyone accused of manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance in Illinois may face: It is important to note, however, that the penalties mentioned so far are simply a small portion of the criminal consequences possible under Illinois law. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . 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. The oldest conviction dated to 1992; the most recent was 2007. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Visitors to Illinois are allowed half those amounts. 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. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. 15 to 99 grams: Punishable by incarceration of four to 15 years. Black. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). These consequences are particularly disproportionate with the possession of small amounts of drugs. Sentenced to 36 months in prison, $5,000 fine. 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. Drug laws are often touted as necessary to catch and prosecute drug kingpins; the legislative intent section of the Illinois Controlled Substances Act (720 ILCS 570/100) notes: It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. In practice, however, the brunt of Illinois drug law enforcement does fall on people who possess small amounts of drugs, not large-scale traffickers. (730 Ill. Comp. 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. Start here to find criminal defense lawyers near you. 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. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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. A class 3 felony is punishable by: Class 4 Felony. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. California's three strikes law passed in 1994. 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. What Is the Average Jail Time for Drug Possession? 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. (730 Ill. Comp. 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 judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. Sentencing Guidelines. Petty offenses are minor violations punishable only by fines. Stat. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. PUNISHMENT. List of Misdemeanor Charges There are many types of misdemeanor charges, which include but are not limited to the following list of misdemeanor charges: Disorderly conduct Domestic violence Driving with a loud car stereo DUI Harassment Loitering Minor in possession of a controlled substance Obstructing traffic Open container Personal injury A conviction of a drug offense involving 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. The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. 5/5-4.5-15, 5/5-7-1 (2020).). Cook County is the county that sends the most people to state imprisonment each year. Fortunately, there have been some major changes in laws regarding marijuana use. Illinois criminal justice reform groups say that reclassifying drug possession charges is a first step toward changing substance use from a criminal issue to a public health issue. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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 Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. Zone C: Sentences range from 10 months to 18 months. 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. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. 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). Finally, the most serious category of offenses is felonies. 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 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 . Illinois recognizes five classes of felony, in addition to first-degree murder. A felony conviction can have serious, long-term consequences. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Illinois law groups felonies into different classes for purposes of sentencing. (730 Ill. Comp. 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. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Call our offices today at 630-305-0222. 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. (District of Central Illinois). IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. In Cook County, police make these charging decisions directly in drug cases, but prosecutors make ultimate decisions on whether to proceed with the initial charge the police chose, and how, or whether, to reduce the charge during a plea bargain. 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. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. 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. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. 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. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. About Us. You can find more information in our article on Marijuana Laws in Illinois. Cocaine is by all measures the most common controlled substance. DRUG CRIMES. 5/5-4.5-25 (2020). Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. 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. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). Data Notes 5/5-4.5-60, -65 (2019).). The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. 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. 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. 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. A report from the National Drug Intelligence Center 14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. Repeat offenses. 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 class 2 felony is punishable by: Class 3 Felony. 3d 24 at 29, (1990)), being considered evidence of intent. (720 Ill. Comp. 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. Unauthorized prescription. Do Not Sell or Share My Personal Information. Fine not more than $250,000 if an individual, $1 million if not an individual. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. 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. Illinois law regulates marijuana separately. Aggravating and Mitigating Factors for Sentencing 1500 or more objects: Punishable by incarceration of ten to 50 years. ), First-degree murder is in its own class of felony in Illinois. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 5/5-4.5-35 (2020).) 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. This depends primarily on the weight AND the classification of the substance. Privacy Policy | SiteMap. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. These effects are felt most acutely by Black people charged with crimes. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) It is not a matter of the judge's discretion in sentencing. (730 Ill. Comp. Zone A: Sentences range from 0 months to six months. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 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. In some states, the information on this website may be considered a lawyer referral service. Class 1 felony possession is the most serious of the possession felonies. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. 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. When youre up against criminal charges, youre facing something that can change your life. (720 Ill. Comp. A class X felony is punishable by: Class 1 Felony. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Although many people arrested for drug allegations are found with small amounts, they are not always charged with low-level possession of a controlled substance. 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