Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. Usually, the amounts of drugs that are found are small. We are good listeners and provide honest answers to questions our clients have. Each of the five types of felony charges in Illinois has its own penalties. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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). 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Stat. Do Not Sell or Share My Personal Information. 5/5-4.5-3, -50 (2019).). 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. Stat. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. White. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. 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. After that, in descending order of seriousness, are Class 1 through Class 4. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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. 200 to 599 objects: Punishable by incarceration of six to 30 years. 5/12-3.05 (2020). This is true whether it is powder cocaine or hard, rock cocaine (also called crack). ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. 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. 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. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Chicago, IL 60602, 3601 Algonquin Road Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). 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. ), 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. This includes: People currently required to serve 75% of the sentence imposed should be eligible to reduce length of stay to 50% - the same as incarcerated people not subject to truth in sentencing laws. In general, a judge must impose a sentence within the range for the relevant felony class. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Our team is committed to open communication and developing a strong relationship with each of our clients. Chicago Appleseed Center for Fair Courts They said. 15 to 199 objects: Punishable by incarceration of four to 15 years. In some states, the information on this website may be considered a lawyer referral service. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. 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 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. In addition, Illinois law calls for more severe sentences under certain circumstances. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Many of these crimes involve drugs. About half of the federal prison population is serving time for drug offenses. 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. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. 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. Federal cases are serious. 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. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. 5/5-4.5-35 (2020).) Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. 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. Zone B: Sentences range from 1 month to 15 months. TX. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. The . 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 Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. Drug possession crimes can be of any class other than Class X. Between 2018 and 2021, the Illinois Department of Corrections records show that 4,479 people were sentenced to incarceration and served time in prison for low-level possession charges. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). [ Attorney Bio ]. 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. We will answer all your questions and make sure you fully understand the facts surrounding your case and what you need to know about Illinois drug laws. 30 N. LaSalle Street 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. Zone A: Sentences range from 0 months to six months. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. (730 Ill. Comp. (730 Ill. Comp. 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. The Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). Mandatory minimum sentences. Out of about 8.5 million traffic stops made by police in Illinois from 2016 through 2019, only about 28,000 recovered more than 10 grams of drugs - 0.3% of all stops. This law states that you can . 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 . Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Sentences for Drug Charges In Texas. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Privacy Policy | SiteMap. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Illinois has 5 classes of felony charges. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. 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. Board of Bar Overseers Number #552110. All other Schedule IV drugs. 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. 570/402; 730 Ill. Comp. A conviction would have resulted in a revocation of his drivers license. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. 5/5-4.5-45, -50 (2019).). 924(c). Finally, the most serious category of offenses is felonies. 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)). 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. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. Embark upon a path to recovery today. (730 Ill. Comp. Those convicted for possession of 30 to 500 grams may petition for expungement. The U.S. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Stat. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). 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. Illinois Drug Laws. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. 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. Stat. Illinois recognizes five classes of felony, in addition to first-degree murder. 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. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. 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 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. Selling 70 grams or more of substances containing PCP: base offense level 22. 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. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Illinois law regulates marijuana separately. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. 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. 5/5-4.5-35 (2020). 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. Drug courts provide offenders with an opportunity to receive treatment. Second Offense: Not more than 6 yrs. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Many forms of assault and battery are prosecuted as class 3 felonies. Copyright 2022, Azhari, LLC - All Rights Reserved. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. 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. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. A delivery of less than one gram of cocaine or heroin is a Class 2 felony, with a possible sentence of 4 to 15 years in prison, with possibility of probation. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. Stat. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Understanding how felonies are handled in Illinois, and eventually pleaded to that same charge much more disproportionately Black. By incarceration of four to 15 years 30 to 500 grams may petition for expungement dba Nolo Self-help services not! 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Of Use, Supplemental Terms, Privacy Policy and Cookie Policy transmission of.... 1997 ) ; amended to 188 months first step is understanding how felonies handled.
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