Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 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. Second Offense: Not more than 6 yrs. After a thorough cross examin, PG was charged with a DUI and improper lane usage. Federal cases are serious. 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. 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. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. 5/2-7, 730 Ill. Comp. 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. About Us. Stat. Prescription stimulant medications like Adderall and Ritalin. ), (720 Ill. Comp. Fackrell, Ricky**. 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. 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. She was pulled while driving home with several people in her car. 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. 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. (730 Ill. Comp. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. A conviction would have resulted in a revocation of his drivers license. 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. 900 or more grams: Punishable by incarceration of ten to 50 years. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. For example, one often used practical tactic is to simply take advantage of overworked public employees. Zone D: Sentences range from 15 months to life imprisonment. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. 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. Board of Bar Overseers Number #552110. Marijuana Possession Laws in Georgia. Stat. (District of Central Illinois). Zone B: Sentences range from 1 month to 15 months. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. Do Not Sell or Share My Personal Information. 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. 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. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. The . [ Attorney Bio ]. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Possession of marijuana, under one ounce, is a misdemeanor. 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. 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. The other is Gloria Van Winkle. Illinois law groups felonies into different classes for purposes of sentencing. 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. 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. possession of less than five grams of meth. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Chicago Appleseed Center for Fair Courts. In a separate case, found guilty of possession of drugs, a third-degree . Stat. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. These drug laws also disproportionately impact Black Illinoisans. participating in the manufacture of 15 or more grams of meth. Zone D: Sentences range from 15 months to life imprisonment. There is no statistically significant difference between races in rates of reported drug use. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. Drug courts provide offenders with an opportunity to receive treatment. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! 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. People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 months. 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. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. 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). Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. Drugs. White. Zone A: Sentences range from 0 months to six months. Copyright 2023, FederalCharges.com. 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. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). (720 Ill. Comp. Between 2018 and 2021, the Illinois Department of Corrections records show that 4,479 people were sentenced to incarceration and served time in prison for low-level possession charges. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 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. 900 grams or more - imprisonment for 15-60 years. 570/406.2, -408; 730 Ill. Comp. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 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. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. 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. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Privacy Policy | SiteMap. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. ), 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. Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. 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. 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). 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. 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) 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 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. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. See all 50 state penalties for involuntary manslaughter in detail below. 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. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. 5/5-4.5-35 (2020). Illinois recognizes five classes of felony, in addition to first-degree murder. The victim was a minor child, over 60 years of age, or otherwise vulnerable. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Many opioid pain medications like Vicodin, OxyContin, and methadone. 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. Illinois has 5 classes of felony charges. Stat. Finally, the most serious category of offenses is felonies. Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. 924(c). The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. The court may double penalties for a repeat conviction under the Controlled Substances Act. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). Base offense levels can also be increased or decreased by prosecutors. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Stat. 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 . Sami takes the time to learn about the specific facts and circumstances surrounding each case. Use the online contact form or call 312-443-1233. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. (720 Ill. Comp. 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. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Stat. 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 U.S. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. California's three strikes law passed in 1994. 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. About Our Agency; About Our Facilities; Historical Information (730 Ill. Comp. 570/402; 730 Ill. Comp. 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. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. ), 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. 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. Illinois law regulates marijuana separately. Ketamine. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. 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. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Rolling Meadows, IL 60008, 633 Skokie Blvd There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. Fortunately, there have been some major changes in laws regarding marijuana use. Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4.5-95 (b) if: Defendant is over the age of 21 years After having twice been convicted of a Class 2 or greater Class felony Separately brought and tried and At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. 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. A felony conviction can have serious, long-term consequences. Identify the name of the drugs specified in the document and consult the schedules explained above. Stat. After that, in descending order of seriousness, are Class 1 through Class 4. 5/5-4.5-3, -50 (2019).). The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). The next level is misdemeanors, which are punishable by up to one year in jail. 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. 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 In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. The next level is misdemeanors, which are punishable by up to one year in jail. The amount and type of drug will depend on federal and state laws. 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. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. 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. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. 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. 5/5-4.5-20 (2020). 5/9-1; 730 Ill. Comp. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. About half of the federal prison population is serving time for drug offenses. 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. 5/5-5-3 (2019).). You can find more information in our article on Marijuana Laws in Illinois. 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). 5/5-4.5-35 (2020).) 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. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . Schedule I drugs: opiates, certain opium derivatives, and hallucinogenic substances Schedule II drugs: coca leaves, oxycodone, codeine, and methamphetamine Schedule III drugs: buprenorphine, some steroids, and ketamine Schedule IV drugs: alprazolam, diazepam, and tramadol The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. The oldest conviction dated to 1992; the most recent was 2007. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. 5/5-4.5-25 (2020). A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. They have the highest potential to be abused and no legitimate medical use in the U.S. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Black. (720 Ill. Comp. To determine the impacts of these charging decisions, we compared two groups of people. 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 However, the sentence can also be enhanced for "serious" crimes. ), (720 Ill. Comp. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. 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. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Illinois could change its laws at any time. 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. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 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. 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