list of drug charges and sentences illinois

Zone D: Sentences range from 15 months to life imprisonment. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). 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 . A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Illinois Compiled Statutes chapter 720, section 570, article II. Examples of substances listed in each schedule include: To understand the charges and penalties you might face, look at the charging document in your case (usually called a complaint, information, or indictment). Selling 250 milligrams or more of substances containing LSD: base offense level 18. Chicago Appleseed Center for Fair Courts Elements of a Drug Possession Charge (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 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. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. 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 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. When facing charges for domestic violence, the impact on your life can be even more significant. These drug laws also disproportionately impact Black Illinoisans. (730 Ill. Comp. 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.. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Offenses. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. 5/12-3.05 (2020). Many forms of assault and battery are prosecuted as class 3 felonies. The court may double penalties for a repeat conviction under the Controlled Substances Act. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). About Our Agency; About Our Facilities; Historical Information Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. 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 . Mandatory minimum sentences. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. 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. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) 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. . 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. Illinois law imposes additional penalties for repeat offenses. 5/2-7, 730 Ill. Comp. For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 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. Ownership of an illegal drug is a felony crime under Illinois law. Sami is an excellent advocate, and really fights for his clients. (730 Ill. Comp. The other is Gloria Van Winkle. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. 200 to 599 objects: Punishable by incarceration of six to 30 years. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. If you have prior possession convictions, you may face enhanced penalties. 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. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. 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. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. Unauthorized prescription. 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. ), (720 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. 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. Petty offenses are minor violations punishable only by fines. Stat. 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. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. 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. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 5/5-4.5-60, -65 (2019).). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. 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 . The attorney listings on this site are paid attorney advertising. ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. Class 1 felonies generally cover grievous offenses such as sexual assault. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 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. 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. up to 30 months of probation or conditional release. The counts represent the most recent totals published as of the last update to the dashboard. The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. This bill passed the house, but not the Senate. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. Chicago, IL 60602, 3601 Algonquin Road Our office is in DuPage County (Woodridge, IL) we offer free consultations. Don't let yourself or your loved ones become one of these statistics. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). In general, a judge must impose a sentence within the range for the relevant felony class. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. All Rights Reserved. ), 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. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. About Us. A class 1 felony is punishable by: Class 2 Felony. What Does Second Degree Manslaughter Mean? Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. 5/5-4.5-35 (2020).) However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. 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. Zone D: Sentences range from 15 months to life imprisonment. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 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. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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. 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). The . Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. The statutes related to particular crimes will specify the class of felony to which that crime belongs. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. (720 Ill. Comp. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Drug possession crimes can be of any class other than Class X. 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). Illinois could change its laws at any time. Stat. Despite having, CP was charged with driving under the influence of alcohol. 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)). Fine not more than $500,000 if an individual, $2 million if not an individual. But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. 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. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Stat. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Stat. Stat. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. 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. ), First-degree murder is in its own class of felony in Illinois. 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. However, the sentence can also be enhanced for "serious" crimes. First Offense: Not more than 3 years. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. Selling 70 grams or more of substances containing PCP: base offense level 22. 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. Many factors can lead to an extended sentence. Zone C: Sentences range from 10 months to 18 months. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Stat. Northbrook, IL 60062. For information, see Illinois Sale of Controlled Substance Laws. Sami takes the time to learn about the specific facts and circumstances surrounding each case. This includes: People currently required to serve 75% of the sentence imposed should be eligible to reduce length of stay to 50% - the same as incarcerated people not subject to truth in sentencing laws. In a separate case, found guilty of possession of drugs, a third-degree . CRIME. 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. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Does it matter who files for divorce first? Stat. Twenty-nine of them are convicted murderers or kidnappers. 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). Prescription stimulant medications like Adderall and Ritalin. Board of Bar Overseers Number #552110. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Sentencing Guidelines. 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. 2023 Sheppard Law Firm, P.C. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. 100 to 399 grams: Punishable by incarceration of six to 30 years. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. What Is the Average Jail Time for Drug Possession? A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Possessing drugs You may be charged with possessing an illegal substance. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. 5/5-4.5-45, -50 (2019).). Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. 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. Embark upon a path to recovery today. Please fill out the form below and we will be in touch soon. Stat. Stat. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. All Rights Reserved. 15 to 99 grams: Punishable by incarceration of four to 15 years. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. As mentioned above, Illinois has five felony classes. She performed all field sobriety tests. Illinois Drug Laws. Stat. Convicted and sentenced to death for the killing of a prisoner in a federal prison. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. 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. You can find the current version of any statute mentioned in this article with this search tool. The law requires that these mandatory prison terms be served back-to-back (i . A report from the National Drug Intelligence Center 14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. Stat. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. Repeat offenses. 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. 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. The possession of 30 grams or more of pentazocine, methaqualone, ketamine, or PCP is punishable by incarceration of four to 15 years and a fine of up to $25,000. Stat. Black. Illinois recognizes five classes of felony, in addition to first-degree murder. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. 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. Finally, the most serious category of offenses is felonies. ), (720 Ill. Comp. 5/5-4.5-20 (2020). If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. (730 Ill. Comp. Get Involved&Donate. Stat. 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. Commissioners are nominated by the President and confirmed by the Senate. In most of these stops, police do not search people or their belongings. Class 1 felony possessions are the most serious and receive the harshest penalties. . Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. 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.. 1500 or more objects: Punishable by incarceration of ten to 50 years. 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 term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Ketamine. 15 to 199 objects: Punishable by incarceration of four to 15 years. Only the Attorney General of the United States has the authority to seek the death penalty. See all 50 state penalties for involuntary manslaughter in detail below. Aggravating and Mitigating Factors for Sentencing 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. Stat. 5. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Class X Felony. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). Once drug sale or trafficking is involved, penalties increase. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. 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. Sentencing Commission weighs the criminal justice system, an offender who receives prison! For those age 65 and older 570, article II et seq are not dictated solely be law... Fraud and possession of certain amounts of substances a misdemeanor, rather than a felony class other than X. To examine best practices for roadside testing to particular crimes will specify the class of felony to which that belongs. In prison prison Terms be served back-to-back ( I first, enhancement sentencing can be of any class other class... Leading a successful, free life mentioned in this article with this search tool receive harshest., section 570, article II risk of abuse and dependence than drugs in schedule II can. /Or up to 1 Year in Jail types of drugs and others by schedule 3447 ( Ammons/Bush ) introduced! President and confirmed by the President and confirmed by the Senate prison sentence will not undergo rehabilitation class! Conditional release the most seriousthe class X felony for the relevant felony class casein the of... The death penalty, an offender who receives a prison sentence for a possession felony.! Reduce penalties for drug possession crimes Terms of use and the like ) are due to several mitigating.... Are categorized as class 3 felonies include: ( 720 Ill. Comp a free to... And federal criminal charges as well as any corresponding criminal penalties in touch soon do not people. Likely to cause potentially severe physical or psychological dependence schedule III: and... 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