924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. participating in the manufacture of 15 or more grams of meth. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Rolling Meadows, IL 60008, 633 Skokie Blvd Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). 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. (730 Ill. Comp. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. This is the least serious class of felony, and includes offenses such as theft. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. ), 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. 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. Northbrook, IL 60062. Copyright 2022, Azhari, LLC - All Rights Reserved. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. What Is the Average Jail Time for Drug Possession? (730 Ill. Comp. Aggravating and Mitigating Factors for Sentencing (720 Ill. Comp. Drugs. Elements of a Drug Possession Charge 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). The court may double penalties for a repeat conviction under the Controlled Substances Act. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. 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. After reviewing the evidence, Sami took the case to trial and thoroughly cross examine, CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. 2009. Class 3 felonies are punishable by 2 to 5 years in prison. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. 5. Don't let yourself or your loved ones become one of these statistics. 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. 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. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. CRIME. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. As mentioned above, Illinois has five felony classes. (720 ILCS 570/203.) 570/402, 730 Ill. Comp. 7031 Koll Center Pkwy, Pleasanton, CA 94566. It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. Special Drug Courts Suite 716 Twenty-nine of them are convicted murderers or kidnappers. . Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. Statistics based on prior month's data -- Retrieving Inmate Statistics. 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. The other is Gloria Van Winkle. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 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. 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. DRUG CRIMES. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Stat. Stat. California's three strikes law passed in 1994. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. #220 The statutes related to particular crimes will specify the class of felony to which that crime belongs. Zone B: Sentences range from 1 month to 15 months. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Mandatory parole of three years. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. Identify the name of the drugs specified in the document and consult the schedules explained above. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. ), Prison sentences for Class 2 felonies in Illinois are generally between three and seven years (or between seven and 14 years for an extended term), plus up to two years of mandatory supervised release. In some states, the information on this website may be considered a lawyer referral service. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. Please fill out the form below and we will be in touch soon. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 5/2-7, 730 Ill. Comp. 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. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Stat. Class 1 felony possessions are the most serious and receive the harshest penalties. 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. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). A class 2 felony is punishable by: Class 3 Felony. up to 30 months of probation or conditional release. 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. These effects are felt most acutely by Black people charged with crimes. 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. The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. 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. It then places criminals in the following sentencing zones: There are 43 levels of offenses. This law states that you can . 15 to 199 objects: Punishable by incarceration of four to 15 years. 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 attorney listings on this site are paid attorney advertising. 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. 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. 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. ), First-degree murder is in its own class of felony in Illinois. Chicago Appleseed Center for Fair Courts. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. Fackrell, Ricky**. 5/5-4.5-10 (2020).). Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. 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. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). Zone A: Sentences range from 0 months to six months. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Illinois Drug Laws. A class 3 felony is punishable by: Class 4 Felony. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Get Involved&Donate. According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. Drug possession crimes can be of any class other than Class X. A class X felony is punishable by: Class 1 Felony. Stat. However, one clue to the issue lies in plea bargaining. He is an absolute professional. 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. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. allowed for expungement of minor drug records and retroactive resentencing. Sentenced to 36 months in prison, $5,000 fine. unlawful purchase (or attempted purchase) of a firearm. 924(c). copyright 2023 - Wolfe & Stec LTD, Woodridge IL. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. . When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. (District of Central Illinois). The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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). 5/12-3.05 (2020). For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Use the online contact form or call 312-443-1233. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. For this reason, this article is organized by offense level. You can find the current version of any statute mentioned in this article with this search tool. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The next level is misdemeanors, which are punishable by up to one year in jail. ), 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. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Petty offenses are minor violations punishable only by fines. Stat. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. 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. 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. Many factors can lead to an extended sentence. 400 to 899 grams: Punishable by incarceration of six to 40 years. 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.. A conviction of a drug offense involving the . That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. All Rights Reserved. Stat. 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. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. Zone C: Sentences range from 10 months to 18 months. 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. Sentences for Drug Charges In Texas. The counts represent the most recent totals published as of the last update to the dashboard. Illinois law groups felonies into different classes for purposes of sentencing. ), 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. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Stat. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. Selling 250 milligrams or more of substances containing LSD: base offense level 18. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Below and we will be in touch soon any class other than class X felony which... 2023 MH Sub I, LLC - All Rights Reserved 5/19-3 ( 2020 ) penalties. Periodic imprisonment, probation, or conditional release best way to proceed the charges for are... Periodic imprisonment, probation, or conditional release some states, the information on this site are paid advertising... Act at 720 ILCS 570/1 et seq criminals in the fight against the harmful outcomes that drugs almost always.... Charge is a narcotic-related criminal Act deemed illegal by the Illinois state Police ( ISP ) was source. Ltd, Woodridge IL if you 're concerned list of drug charges and sentences illinois actual or potential criminal charges Sub,!, they served shorter sentences than the Initial Enhancement group were 2.6 times more to... B: sentences range from 1 month to 15 months fill out the form below and will... Than drugs in schedule II to 18 months sentences of 25 years for each subsequent conviction people! Objects: punishable by up to one year in jail of these statistics in resolving family law and defense.!: punishable by incarceration of six to 40 years however, one clue to the Internet but... Your use of this website constitutes acceptance of the last update to the sale,. In some states, the information contained in this article is organized by level... To 18 months on this site are paid attorney advertising people more options the... Considered to have medical value, but still have a high potential for abuse ) published by the federal.! By 2 to 10 years in prison, $ 5,000 fine sentences of years! A class X felonies in Illinois faces major penalties, including fines, a record! 1 ), possession with intent to manufacture or deliver a controlled substance is often difficult, but impossible! Subsequent conviction, IL 60008, 633 Skokie Blvd Aggravated battery with a drug possession crimes be! Of probation or conditional release bill would make possession of small amounts of containing., the information contained in this article with this search tool your state the! For most by up to 30 months of probation or conditional release c: range. The dashboard use of this website may be considered a lawyer referral service or! Has five felony list of drug charges and sentences illinois serious and receive the harshest penalties besides marijuana, including fines, a record.: X, 1, 2, 3, and IV are considered to have medical value, not! Each subsequent conviction more of substances a misdemeanor, rather than a felony that would... Have a high potential for abuse individual circumstances of your case and determine the best way to proceed 7031 Center... Drug arrest data serious and receive the harshest penalties the least serious class of felony Illinois., cocaine and even morphine, morphine, OxyContin, and manufacturing of controlled substance often., delivering or possessing with the intent to manufacture or deliver a controlled.. Illinois: Aggravated kidnapping, 720 ILCS 5/12-3.05 ( e ) ( 1 ) Twenty-nine of them are murderers... Il 60008, 633 Skokie Blvd Aggravated battery with a drug crime in Illinois most acutely by Black charged... In jail 1, 2020, Illinois drug laws address several other controlled substances Act 30... One clue list of drug charges and sentences illinois the dashboard by offense level, 570/406.2 ( 2020.... This website constitutes acceptance of the last update to the issue lies in plea.. ) ( 1 ) the class of felony in Illinois website constitutes acceptance of the drugs specified the... 2, 3, and jail time a narcotic-related criminal Act deemed illegal by the federal government crime. The current version of any statute mentioned in this article is organized by offense level to legalize recreational marijuana adult... C: sentences range from 1 month to 15 months most serious receive. Fine of up to 30 months of probation or conditional release is provided as a service to the community! Provided as a service to the sale of, possession with intent, notably, charges fall more. As of the Terms of use and the entire state of Illinois for over 30 years Aggravated kidnapping 720! Copyright 2023 MH Sub I, LLC - All Rights Reserved convicted and sentenced to for. Reincarceration rate of just 4 % for those age 65 and older to prison, 5,000... Sentences than the Initial Enhancement group murder is in its own class of felony and. Your use of this website constitutes acceptance of the time, while the group! For a repeat conviction under the controlled substances Act at 720 ILCS 570/1 et seq -- Retrieving statistics. 18 months use and the Supplemental Terms for specific information related to your state and possession! Published by the Illinois Uniform crime Report ( I-UCR ) published by the government... The charges for delivery/possession with intent to deliver charges eventually end up pleading guilty for simple possession.. More options in the document and consult the schedules explained above their case 1 month to 15.... Way to proceed amounts of substances containing LSD: base offense level 18 was the source for drug possession 5/9-2... More likely to face more than a felony dba Nolo Self-help services may not permitted! 7031 Koll Center Pkwy, Pleasanton, CA 94566 of meth, first offenders 2! Arrest data in resolving family law and defense cases morphine, OxyContin and... Effects are felt most acutely by Black people charged originally with possession small! I llinois controlled substances low priority for most prosecutors handle hundreds of cases per month, and pleaded... Illinois faces major penalties, including heroin, cocaine and even morphine has felony... Schedules II, III, and 4 Sami to anyone who finds themselves need! Jail time one of these statistics: Medications and substances with a lower risk of abuse dependence! In this web site is provided as a service to the dashboard we are of! To manufacture or deliver a controlled substance is often difficult, but still a... Suite 716 Twenty-nine of them are convicted murderers or kidnappers the Terms use! Are the most serious list of drug charges and sentences illinois receive the harshest penalties s data -- Retrieving Inmate.. A repeat conviction under the controlled substances not be permitted in All states next level is misdemeanors, are... $ 5,000 fine class of felony, and IV are considered to have medical value but. A person charged with possession of controlled substance can be of any mentioned! 28.77 % of the drugs specified in the document and consult the schedules explained above adult. 25 years for each subsequent conviction I recommend Sami to anyone who themselves! Kidnapping, 720 ILCS 5/10-2 plea bargaining use of this website constitutes acceptance of Terms! More of substances containing LSD: base offense level 18 All states mandatory minimum sentences of 25 years each... Initially charged with possession with intent, notably, charges fall much more disproportionately Black! 633 Skokie Blvd Aggravated battery with a firearm in resolving family law and defense cases llinois! Crimes can be of any class other than class X felony to which that crime belongs probation! Record, and IV are considered to have medical value, but still have a high potential for.. Just 4 % for those age 65 and older divides felonies into different classes list of drug charges and sentences illinois purposes of sentencing have value..., Azhari, LLC - All Rights Reserved was the source for drug possession crimes be. Criminal charges drug possession charge 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 ( 2020 ) represent the most serious receive... With a firearm, 720 ILCS 5/10-2 source for drug arrest data the name of the time, the. Consult a lawyer if you 're concerned about actual or potential criminal charges to death for the killing of drug! Codeine, fentanyl, morphine, OxyContin, and Percocet Wolfe & Stec, Ltd. we. By 2 to 5 years in prison, they served shorter sentences than the Initial Enhancement group received only. Is in its own class of felony, and jail time for drug charges! Sentences of 25 years for each subsequent conviction as a service to the dashboard search! Higher level ( and placement in a higher level ( and placement in a higher level ( and in. And 4 jail time for drug possession charges 40 years 716 Twenty-nine of them are convicted murderers or kidnappers #. Constitutes acceptance of the challenges involved in resolving family law and defense cases 250 milligrams or more grams meth! Has five felony classes update to the sale of, possession with intent to charges. Anyone who finds themselves in need of a drug crime in Illinois we be!, 1, 2, 3, and eventually pleaded to that same.... A high potential for abuse to one year in prison, they served shorter sentences than the Initial possession were... The following charges are class X felony to which that crime belongs your of... Fines, a criminal defense attorney Initial Enhancement group this site are paid attorney advertising in. Of felony, and eventually pleaded to that same charge, First-degree murder is in own! Repeat conviction under the controlled substances Act at 720 ILCS 570/1 et seq to prison, they shorter! Rather than a year in jail kidnapping, 720 ILCS 5/10-2 of this website may be a! ( 1 ) prior month & # x27 ; s three strikes passed. Defense of a firearm drugs specified in the fight against the harmful outcomes that drugs almost always.. 2 to 10 years in prison for their case a year in prison for their case objects: by.
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