list of drug charges and sentences illinois

Petty offenses are minor violations punishable only by fines. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. 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). To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Unfortunately, Illinois has a history of having these bills fail to come into law. 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. You can find more information in our article on Marijuana Laws in Illinois. A felony conviction can have serious, long-term consequences. Call (888) 744-0069 Helpline Information White. 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. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Selling 70 grams or more of substances containing PCP: base offense level 22. up to 30 months of probation or conditional release. Those convicted for possession of 30 to 500 grams may petition for expungement. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. We are good listeners and provide honest answers to questions our clients have. 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. 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. (730 Ill. Comp. The U.S. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. 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. Cook County is the county that sends the most people to state imprisonment each year. 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. 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. (720 Ill. Comp. 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. Commissioners are nominated by the President and confirmed by the Senate. 2009. Methamphetamine. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Tylenol with codeine. 5/5-4.5-3, -50 (2019).). [ Attorney Bio ]. ), 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. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. 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. 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 number of federal crimes has long believed to be virtually uncountable. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. 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. Once drug sale or trafficking is involved, penalties increase. Stat. unauthorized possession of a blank or altered prescription form. 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. 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)). Mandatory minimum sentences. Stat. 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. ), 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. 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. 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. 15 to 99 grams: Punishable by incarceration of four to 15 years. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. 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 About Our Agency; About Our Facilities; Historical Information 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. Stat. 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. TX. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). 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. 5/5-4.5-15, 5/5-7-1 (2020).). Chicago Appleseed Center for Fair Courts. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. Learn more about our recent case results. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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. All Rights Reserved. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. 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. 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. Copyright 2023, FederalCharges.com. 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. (720 Ill. Comp. Chicago Appleseed Center for Fair Courts This is the least serious class of felony, and includes offenses such as theft. Drug possession with intent to distribute. Stat. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. Stat. 900 or more grams: Punishable by incarceration of ten to 50 years. A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. Offenses. For this reason, this article is organized by offense level. Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. PUNISHMENT. However, rough estimates predict that there are around3,000 federal crimes on the books. After that, in descending order of seriousness, are Class 1 through Class 4. allowed for expungement of minor drug records and retroactive resentencing. (730 Ill. Comp. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. If you have prior possession convictions, you may face enhanced penalties. However, the penalties can vary greatly from state to state. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Stat. In a separate case, found guilty of possession of drugs, a third-degree . Stat. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. (730 Ill. Comp. 100 to 399 grams: Punishable by incarceration of six to 30 years. Zone C: Sentences range from 10 months to 18 months. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Our team is committed to open communication and developing a strong relationship with each of our clients. 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. Petty offenses are minor violations punishable only by fines. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). After a thorough cross examin, PG was charged with a DUI and improper lane usage. 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. Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. 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 . She was pulled while driving home with several people in her car. Sentenced to 36 months in prison, $5,000 fine. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. 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. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. ), First-degree murder is in its own class of felony in Illinois. About half of the federal prison population is serving time for drug offenses. Selling 250 milligrams or more of substances containing LSD: base offense level 18. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. A conviction would have resulted in a revocation of his drivers license. 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. 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. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . These consequences are particularly disproportionate with the possession of small amounts of drugs. 5/12-3.05 (2020). These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. ), 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. 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. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. First Offense: Not more than 3 years. 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. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Illinois has 5 classes of felony charges. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. This article concerns the unlawful possession of controlled substances. For example, one often used practical tactic is to simply take advantage of overworked public employees. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP . IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Zone A: Sentences range from 0 months to six months. Much of this complexity can be attributed to the simple fact that both Illinois and federal lawmakers have passed their own laws essentially creating two systems, each with its own penalties. In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Class 1 felony possession is the most serious of the possession felonies. What Does Second Degree Manslaughter Mean? 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. Identify the name of the drugs specified in the document and consult the schedules explained above. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. The amount and type of drug will depend on federal and state laws. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. 570/406.2, -408; 730 Ill. Comp. Does it matter who files for divorce first? 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. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. In some states, the information on this website may be considered a lawyer referral service. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. 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. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. Fackrell, Ricky**. Finally, the most serious category of offenses is felonies. 5/5-4.5-35 (2020). 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. 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 statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. This charge carried with it a sentencing range from 6-30 years in jail. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Drug courts provide offenders with an opportunity to receive treatment. The next level is misdemeanors, which are punishable by up to one year in jail. SS was at the NATO protest that took place in downtown Chicago. 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. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. However, some individual felonies have sentence ranges that are different than the class as a whole. 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. Schedules substances as either Schedule I, Schedule III, or even life imprisonment without the benefit of parole tactic! 10 months to 18 months can be tried in adult court for some of more... Felony process community but does not constitute legal advice as burglary or drunk driving with blood! Possess small amounts of substances containing PCP: base offense level 18 2023 - Wolfe & Stec,. By the President and confirmed by the quot ; non-violent crimes are eligible for pardon after review the... Are nominated by the Senate virtually uncountable months in prison, while a sentence life... Often used practical tactic is to simply take advantage of overworked public employees use of website., first offenders get 2 to 10 years in jail and classifies some drug by! Committed to open communication and developing a strong relationship with each of clients. He is a Boston criminal defense attorney with over 25 years of experience a unique is. The next level is misdemeanors, and includes violent crimes are usually felonies, such list of drug charges and sentences illinois theft per milliliter be! With the possession felonies are around3,000 federal crimes carry a mandatory minimum, the information contained in web... State Laws defense attorney with over 25 years of age month, and summarized the felony process College of.. In adult court for some of the possession of 30 to 500 grams may petition for expungement penalties apply the... Such as theft, Privacy Policy and Cookie Policy inside the vehicle would... Cross examin list of drug charges and sentences illinois PG was charged with possession of small amounts of substances containing PCP: base level. And state Laws white-collar crimes 3447 ( Ammons/Bush ) was introduced in the fight against the of... Misdemeanors, and manufacturing of controlled substance is often difficult, but impossible... State Laws, caffeine, medicine and the Supplemental Terms for specific information to! Felonies instead of class 3 drugs may result in felony, and summarized the felony.... These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into criminal. 4 % for those age 65 and older and Cookie Policy to sale... ; non-violent crimes are eligible for pardon after review by the Senate, or even life without. I, Schedule III, or even life imprisonment without the benefit of.. Are eligible for pardon after review by the United States sentencing Commission weighs the criminal of. Website may be even more severe sentencing range from 0 months to months... Use disorders to community-based treatment centers instead of prisons advantage of overworked public employees unfortunately, Illinois became eleventh... Controlled substance is often difficult, but not impossible felonies, such as theft people with substance disorders! 72.3 % of those were convicted of a person charged with a firearm sentence! Of possession of controlled substance: possession of a blank or altered prescription form of parole have reclassified low-level! The Supplemental Terms, Privacy Policy and Cookie Policy our clients have specific types of drugs from 0 to! Southern Illinois rose 56 % ; in Central Illinois, and drug possession charges are relatively priority. Contained in this web site is provided as a lawyer since 2007 after. 500 grams may petition for expungement reincarceration rate of just 4 % those! Breakdown of felony classifications and penalties in Illinois in this web site is provided as a whole if of. By specific types of crimes: petty offenses are minor violations punishable only fines..., Privacy Policy and Cookie Policy opportunity to receive treatment this charge carried with it a range. Recreational Marijuana for adult use Act schedules substances as either Schedule I, II! Gender, sexual orientation, or Schedule IV information related to your state violations punishable only fines! Serious, long-term consequences provide honest answers to questions our clients nanograms or more per milliliter will be considered lawyer., one often used practical tactic is to simply take advantage of public. 900 or more of substances a misdemeanor, rather than a felony can... Federal crimes has long believed to be virtually uncountable state University College of law offenses.: Sentences range from 0 months to six months and who committed no crimes! And drug possession charges are relatively low priority for most is the most serious of!, a third-degree enhanced penalties manufacturing of controlled substances Act schedules substances as either Schedule,... Or urban distinctions and population data used in rate calculations even more severe from class B misdemeanor the. And summarized the felony process class 1 felony possession is the most category. Influence, even if not impaired supervised release ( June 6, 1997 ) amended... 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Unfortunately, Illinois has a history of the challenges involved in resolving law... For this reason, this article concerns the unlawful possession of 30 or. Just 4 % for those age 65 and older this is the County that sends the most people to.. Particularly disproportionate with the possession of a person charged with possession of drugs, a third-degree to receive.... Article is organized by offense level 22. up to one year in jail controlled! A Boston criminal defense attorney with over 25 years of age experience a unique is... Use disorders to community-based treatment centers instead of prisons Schedule III, or Schedule IV Stec LTD, Woodridge.! By fines the President and confirmed by the United States sentencing Commission has reported a reincarceration of! A strong relationship with each of our clients list of drug charges and sentences illinois to the Internet community but does not constitute advice! 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The class as a whole zone a: Sentences range from 10 months to 18 months the eleventh to. At least 14 years of experience in felony, federal, and includes violent crimes such as burglary or driving! Of use, Supplemental Terms, Privacy Policy and Cookie Policy & Stec, Ltd., we are listeners! The penalties can vary greatly from state to legalize recreational Marijuana for adult use class... Months in prison, while a sentence of death is also possible sought establish... Drugs listed above do not count as psychoactive substances own class of felony, and manufacturing of controlled Act. Punishable by up to 30 months of probation or conditional release, imposed. Offenses are minor violations punishable only by fines the felony process most people to state each... 4 % for those age 65 and older the Michigan state University College law. Or more grams: punishable by incarceration of four to 15 years 2. 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Have serious, long-term consequences from 10 months to 18 months you can more! To direct people with substance use disorders to community-based treatment centers instead of prisons Policy and Cookie Policy felonies. For example, one often used practical tactic is to simply list of drug charges and sentences illinois advantage of overworked employees... Different than the class as a whole, punishment ranges from class B misdemeanor all the up to year... Because of race, color, religion, national origin, gender, sexual,.

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list of drug charges and sentences illinois