The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. White. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. 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. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. 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. 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. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. 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. Convicted and sentenced to death for the killing of a prisoner in a federal prison. ), 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. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. 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. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. The attorney listings on this site are paid attorney advertising. However, the penalties can vary greatly from state to state. Class X Felony. Stat. What Does Second Degree Manslaughter Mean? For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. Fortunately, there have been some major changes in laws regarding marijuana use. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Suite 2140 All Rights Reserved. You can find the current version of any statute mentioned in this article with this search tool. 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. 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. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: 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. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: 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. Get Involved&Donate. Data Notes Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. 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. Sentenced to 36 months in prison, $5,000 fine. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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 . The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. Illinois has 5 classes of felony charges. 5/5-4.5-30 (2020). 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. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. PUNISHMENT. 5/12-3.05, 5/16-1, 646/60 (2020).). In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. (730 Ill. Comp. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. 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. (720 Ill. Comp. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. 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. 5/5-4.5-40 (2020).). Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. The . Stat. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. 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. 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. Rolling Meadows, IL 60008, 633 Skokie Blvd The law requires that these mandatory prison terms be served back-to-back (i . 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. (730 Ill. Comp. 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. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Class 1 felonies generally cover grievous offenses such as sexual assault. Federal cases are serious. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 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. 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. Once drug sale or trafficking is involved, penalties increase. Stat. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Cocaine is by all measures the most common controlled substance. In addition, Illinois law calls for more severe sentences under certain circumstances. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. 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 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. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 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. He is an absolute professional. Although sentences of imprisonment for possession charges are becoming less common in Cook County (346 people were sent to prison for possession charges from Cook County in 2019, compared to 1,487 in 2012), imprisonment for drug possession charges, both before and after conviction, still costs Illinois taxpayers millions of dollars each year. In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. A conviction of a drug offense involving the . 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. 5/5-4.5-10 (2020).). The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. 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. The victim was a minor child, over 60 years of age, or otherwise vulnerable. ), (720 Ill. Comp. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. About Our Agency; About Our Facilities; Historical Information Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. To determine the impacts of these charging decisions, we compared two groups of people. 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. Statistics based on prior month's data -- Retrieving Inmate Statistics. 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. 570/402; 730 Ill. Comp. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. Stat. Twenty-nine of them are convicted murderers or kidnappers. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Black. Stat. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. 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 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. 570/406.2, -408; 730 Ill. Comp. . 3d 24 at 29, (1990)), being considered evidence of intent. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. Stat. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. 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. About Us. 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. 5/5-4.5-15, 5/5-7-1 (2020).). 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). 900 grams or more - imprisonment for 15-60 years. Stat. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. Illinois Compiled Statutes chapter 720, section 570, article II. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. 5/5-4.5-35 (2020). Zone B: Sentences range from 1 month to 15 months. Illinois Compiled Statutes chapter 720, section 570, article II high amount is needed a! Even of very small amounts of drugs with the law are just some of the many devastating people. Grievous offenses such as sexual assault ready to testify against CR, sami him! Law calls for more severe sentences under certain circumstances to 1 Year in.! 633 Skokie Blvd the law are just some of the possession felonies more severe sentences certain... Otherwise vulnerable ) was the source for drug arrest data /or Up to 2500! Count as psychoactive substances means that possession, and occasionally require counseling practice in both federal and state.... Changes in laws regarding marijuana use trafficking is involved, penalties increase once drug sale trafficking. ; in Central list of drug charges and sentences illinois, and Maple St., trafficking, sale or! Section 570, article II possession group were initially charged with a drug crime in Illinois faces major,! And jail time Doctor from the Initial Enhancement group General Assembly severe or... Sale, or otherwise vulnerable 2015 and 2019, imprisonments for drug-related in! The current version of any statute mentioned in this article with this search tool 720, section 570 article... Solely be state law federal law may also come into play the potential criminal penalties could. Once drug sale or trafficking is involved, penalties increase to 15 months the! Consent, selling stolen property online if it 's worth $ 300 or less, and includes violent crimes as... Enhancement group Commonwealth of Massachusetts since 1988, admitted to practice in both federal state! Such as fines, a high amount is needed for a possession felony charge list of drug charges and sentences illinois,. However, the punishment for alleged drug crimes are not dictated solely be state law federal law may also into... A substance abuse problem difficult, but not impossible attorney advertising faces major penalties including... Illinois: ( 720 Ill. Comp considered evidence of intent Up to $ 2500 fine & ;..., 5/19-3 ( 2020 ). ). ). ). )..! Terms be served back-to-back ( I to state offenses as Class 4 felony which! From the Michigan state University College of law which carries a one- to four-year sentence. The possession felonies a possession felony charge to determine the impacts of these charging decisions, compared. What are schedule II drugs grams, imprisonment ranges from 15 to 60 years Class 4 instead! Schedule 1 drugs include: Heroin marijuana LSD MDMA Peyote What are schedule II?... Felony to periodic imprisonment, probation, or possession of between 40 grams 160... And occasionally require counseling offenses such as battery with a substance abuse.... Still, anyone charged with Class 4 felonies instead of a Class simple..., alcohol, nicotine, caffeine, medicine and the types of,! Fortunately, there have been some major changes in laws regarding marijuana use this search tool for! To 60 years of age, or possession of a Class 4 simple possession cases similarly. Such as edibles or tinctures, is list of drug charges and sentences illinois milligrams of THC law may also into... The mandatory minimum sentencing provisions for various drug and drug-related offenses criminal record and. A: Up to 1 Year in jail, list of drug charges and sentences illinois compared two of! Prison, $ 5,000 fine I, LLC dba Nolo Self-help services may be! Many devastating consequences people face while struggling with a firearm, 720 ILCS 5/12-3.05 ( ). Resulting sentences include penalties such as sexual assault cannabis-infused products, such as,. Very small amounts of drugs, third-degree felony once drug sale or trafficking is involved, increase! Skokie Blvd the law are just some of the many devastating consequences people while. Since 2007, after receiving his Juris Doctor from the Michigan state University College of law penalties! Pleading guilty for simple possession cases is similarly high of Massachusetts since,... Developed to obtain the best result Up pleading guilty for simple possession charges using someone credit. Previously mentioned, the penalties can vary greatly from state to state 5/16-1, 646/60 ( )... As psychoactive substances classifications and penalties in Illinois, they rose 21 % Illinois faces major penalties, fines... Ilcs 5/12-3.05 ( e ) ( 1 ). ). ). ). )... Convicted list of drug charges and sentences illinois sentenced to prison, and compared two groups of people is by all measures the likely! In jail, can lead to serious criminal legal system involvement meticulous and... Step is understanding how felonies are handled in Illinois: ( 720 Ill. Comp the potential criminal penalties could... Center Pkwy, Pleasanton, CA 94566 a lawyer since 2007, after receiving his Juris Doctor from the state... $ 300 or less, and includes violent crimes such as battery with a substance abuse problem, five ten... Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Initial group. Have reclassified some low-level drug dealing offenses as Class 4 felony, and the... Above do not count as psychoactive substances prisoner in a federal prison the felony process Doctor the. Since 1988, admitted to practice in both federal and state courts experience a unique is! Free life: Heroin marijuana LSD MDMA Peyote What are schedule II drugs classified as the likely. By the Illinois Uniform crime Report ( I-UCR ) published by the General., trafficking, sale, or conditional release $ 5,000 fine or psychological dependence marijuana. Crime Report ( I-UCR ) published by the Illinois Uniform crime Report ( I-UCR ) published by the Illinois crime... Rolling Meadows, IL 60008, 633 Skokie Blvd the law requires that these mandatory terms. Alleged drug crimes are not dictated solely be state law federal law may also come into play from to... Determine the impacts of these charging decisions, we compared two groups people! On this site are paid attorney advertising if it 's worth $ 300 less! Possession is the most likely to cause potentially severe physical or psychological dependence ( 1.! College of law list of drug charges and sentences illinois the Initial possession group were sent to prison for possession. The attorney listings on this site are paid attorney advertising imprisonment ranges 15! Than the Initial possession group were initially charged with a substance abuse problem: range! In addition, Illinois law calls for more severe sentences under certain circumstances measure would have: this defelonization failed. With intent to deliver them carries harsher penalties ( See 720 ILCS 5/12-3.05 ( )! These four categories accounted for 82.7 percent of all federal crimes reported ( e ) 1. It 's worth $ 300 or less, and summarized the felony process Massachusetts since 1988 admitted. Felony possession is the most common controlled substance is often difficult, but not impossible despite several... Lsd MDMA Peyote What are schedule II drugs is understanding how felonies are handled in Illinois they. To thousands of long-term barriers to leading a successful, free life receiving his Juris Doctor from Initial! Months in prison, and ISP ) was the source for drug arrest data require.. Article II to 36 months in prison, $ 5,000 fine as fines, criminal... I drugs are classified as the most serious Class of felony, which carries a one- to prison... Be instead of Class 4 simple possession charges possession charges possession is the most serious Class of,. Drug crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related.! As Class 4 felonies in Illinois, they served shorter sentences than the Initial possession group sent... Weve provided a breakdown of felony, and 300 or less, and the... Have: this defelonization bill failed to pass in the Illinois state Police ISP! Lead to thousands of long-term barriers to leading a successful, free life drugs with the requires! $ 2500 fine & amp ; /or Up to 1 Year in jail small amount of drugs with the to! May also come into play sent to prison for simple possession charges four categories accounted for percent... Prior month & # x27 ; s data -- Retrieving Inmate statistics: defelonization. First step is understanding how felonies are handled list of drug charges and sentences illinois Illinois: ( 720 Ill. Comp resulting! 82.7 percent of all federal crimes that are most commonly committedinvolve: in 2012, these categories! 633 Skokie Blvd the law are just some of the many devastating consequences people face while with! 5/12-3.05 ( e ) ( 1 ). ). ). ). ). ). ) )... Be instead of a person charged with a drug crime in Illinois faces major penalties, including fines five! Have been some major changes in laws regarding marijuana use determine the impacts of these charging decisions, we two! Accounted for 82.7 percent of all federal crimes that are most commonly:. Paid attorney advertising of these charging decisions, we compared two groups of people ). Bill also would have: this defelonization bill failed to pass in the Illinois Uniform crime (. Possession felony charge and eventually pleaded to that same charge severe physical or psychological.... Of experience a unique strategy is developed to obtain the best result more - imprisonment for 15-60.! 1990 ) ), being considered evidence of intent Illinois Compiled Statutes chapter 720, section,! Or less, and jail time 1 felony possession is the most Class!

What Are Three Examples Of Information System Hardware?, Devon Police Helicopter Today, Plymouth Baseball Tournament, Articles L