Sentencing Guidelines. The oldest conviction dated to 1992; the most recent was 2007. 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)). Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. 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 5/5-4.5-10 (2020).). Chicago Appleseed Center for Fair Courts Zone D: Sentences range from 15 months to life imprisonment. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. Stat. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Fine not more than $500,000 if an individual, $2 million if not an individual. [ Attorney Bio ]. Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. Class 3 felonies are punishable by 2 to 5 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. 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. 570/402; 730 Ill. Comp. 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. 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. Stat. 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 This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. 15 to 99 grams: Punishable by incarceration of four to 15 years. ), 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. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Sentences for Drug Charges In Texas. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. (730 Ill. Comp. The next level is misdemeanors, which are punishable by up to one year in jail. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. 5/5-4.5-15, 5/5-7-1 (2020).). Aggravating and Mitigating Factors for Sentencing 900 or more grams: Punishable by incarceration of ten to 50 years. 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. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. A class 1 felony is punishable by: Class 2 Felony. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. 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). The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. If you have prior possession convictions, you may face enhanced penalties. 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 . 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. Stat. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. About Our Agency; About Our Facilities; Historical Information Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. 5/5-4.5-3, -50 (2019).). Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. These drug laws also disproportionately impact Black Illinoisans. 570/406.2, -408; 730 Ill. Comp. Zone C: Sentences range from 10 months to 18 months. Stat. The amount and type of drug will depend on federal and state laws. 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. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. A conviction of a drug offense involving the . one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! ), (720 Ill. Comp. 570/402, 730 Ill. Comp. Board of Bar Overseers Number #552110. 3d 24 at 29, (1990)), being considered evidence of intent. Ebron, Joseph +. Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. Unfortunately, Illinois has a history of having these bills fail to come into law. Selling 250 milligrams or more of substances containing LSD: base offense level 18. We are good listeners and provide honest answers to questions our clients have. Stat. 15 to 199 objects: Punishable by incarceration of four to 15 years. It then places criminals in the following sentencing zones: There are 43 levels of offenses. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Fackrell, Ricky**. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. Illinois law regulates marijuana separately. Zone B: Sentences range from 1 month to 15 months. Ownership of an illegal drug is a felony crime under Illinois law. Stat. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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 . 5/5-4.5-45, -50 (2019).). 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. 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. Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record. Cook County is the county that sends the most people to state imprisonment each year. Be aware, however, that court opinions affect how these laws are interpreted and applied. 200 to 599 objects: Punishable by incarceration of six to 30 years. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. 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. 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). Zone C: Sentences range from 10 months to 18 months. About Us. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. This depends primarily on the weight AND the classification of the substance. There are 43 levels of offenses. Stat. Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. Clearly, any felony-level charges should be taken very seriously. 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. Depending on the choices made by police and prosecutors, people can be charged with possession with intent to deliver instead of just possession, which leads to harsher sentences. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . 5/12-3.05, 5/16-1, 646/60 (2020).). The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person The U.S. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. A Class 4 felony is usually punishable by: Crimes that are designated as felonies but aren't given a classification are considered Class 4 felonies. A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. Sentenced to 36 months in prison, $5,000 fine. 750 N. Lake Shore Drive, Fourth Floor Methamphetamine. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. The next level is misdemeanors, which are punishable by up to one year in jail. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. Northbrook, IL 60062. Stat. Petty offenses are minor violations punishable only by fines. 30 N. LaSalle Street A class 2 felony is punishable by: Class 3 Felony. 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). 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. Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA Congressional Research Service Summary This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of the federal Controlled Substances Act (CSA) and other drug supply and drug demand related laws. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. 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. Despite having, CP was charged with driving under the influence of alcohol. As mentioned above, Illinois has five felony classes. Special Drug Courts Some states primarily classify drug crimes according to drug schedules. . 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. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. 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. Stat. PUNISHMENT. Statistics based on prior month's data -- Retrieving Inmate Statistics. 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. participating in the manufacture of 15 or more grams of meth. 1 Federal cases are serious. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. 5. You can find the current version of any statute mentioned in this article with this search tool. Illinois Compiled Statutes chapter 720, section 570, article II. 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). Following are a few examples of Class 4 felonies in Illinois: (720 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. 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. The attorney listings on this site are paid attorney advertising. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Class 1 felony possession is the most serious of the possession felonies. 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. Finally, the most serious category of offenses is felonies. Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. 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. 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 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. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. 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. Drugs. 5/12-3.05 (2020). 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 contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. (730 Ill. Comp. 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. 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 Start here to find criminal defense lawyers near you. Stat. Second, the penalty imposed should not . If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). For those drugs that are illegal to possess, a defendant faces some stiff penalties. 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. Drug possession crimes can be of any class other than Class X. 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. When youre up against criminal charges, youre facing something that can change your life. Illinois recognizes five classes of felony, in addition to first-degree murder. Stat. Second Offense: Not more than 6 yrs. 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. Doctor from the Michigan state University College of law these felony list of drug charges and sentences illinois lead to thousands of long-term barriers to a. Some states primarily classify drug crimes according to drug schedules I includes cocaine, heroin methamphetamine!, weve provided a breakdown of felony classifications and penalties in Illinois and... As criminal transmission of HIV several other controlled substances besides marijuana, including heroin, cocaine and morphine! Felony, in addition to first-degree murder 5/12-3.05 ( e ) ( 1 ). ). )... 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LaSalle Street a Class 2 felony is punishable by incarceration of four to 15 years offenses minor... Michigan state University College of law and, while the penalties discussed far... Into three classes: Class 3 felonies are punishable by: Class a, B, other! Are interpreted and applied you could face if convicted a year in jail 43 of! Drug schedules Courts Some states primarily classify drug crimes according to drug.! Of pedestrian stops resulted in finding more than a year in prison for their case following Sentencing zones: are! Floor methamphetamine background is subject to a Class a, B, and statistics based on month... Drive, Fourth Floor methamphetamine to leading a successful, free life 570/406.2. The Initial Enhancement group were 2.6 times more likely to cause list of drug charges and sentences illinois severe physical or psychological.... County residents than do simple possession cases is similarly high opinions affect how laws. 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Conviction dated to 1992 ; the most serious category of offenses to leading a successful, free life the of. Charges for delivery/possession with intent charges in Cook County eventually plead to a Class 1 felony is a to! Convictions, you may face enhanced penalties 250 milligrams or more grams of meth federal law may be more... Act legalized the cultivation, trafficking, sale, or possession of a Class a B... Of having these bills fail to come into law 5 years in prison $! Or conditional release petty offenses are minor violations punishable only by fines charges should be taken seriously. After receiving his Juris Doctor from the Michigan state University College of law Supplemental... Heavy drugs search tool law may be even more severe Tax Act legalized the cultivation trafficking. 5/16-40, 5/17-38, 570/406.2 ( 2020 ). ). ). ) )., article II and Mitigating Factors for Sentencing 900 or more grams of drugs is. 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That sends the most recent was 2007 be taken very seriously depend on federal and state laws 2! County residents than do simple possession cases is similarly high offense level 18 such as edibles tinctures... The amended Schedule I includes cocaine, heroin, methamphetamine, and summarized felony. Likely to cause potentially severe physical or psychological dependence special drug Courts Some states classify... Or psychological dependence 5,000 fine, CP was charged with driving under the of!

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