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5/5-4.5-20 (2020). The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 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.. 5/5-4.5-40 (2020).). Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Stat. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. Class 2 felonies are punishable by 3 to 7 years in prison. In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). Illinois recognizes five classes of felony, in addition to first-degree murder. Finally, the most serious category of offenses is felonies. Illinois Drug Laws. 900 or more grams: Punishable by incarceration of ten to 50 years. Sentencing Guidelines. The U.S. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. 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. For those drugs that are illegal to possess, a defendant faces some stiff penalties. Stat. Commissioners are nominated by the President and confirmed by the Senate. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). She performed all field sobriety tests. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. 5/5-4.5-10 (2020).). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. (730 Ill. Comp. Fine not more than $500,000 if an individual, $2 million if not an individual. In addition to the sentence of 3-7 years in prison, an aggravated criminal sexual abuse conviction may only include the possibility of parole depending on the . The . Methamphetamine. Stat. 100 to 399 grams: Punishable by incarceration of six to 30 years. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. The oldest conviction dated to 1992; the most recent was 2007. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. 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). The sentence will be life in prison or death penalty when certain aggravating factors are present. All Rights Reserved. Drug possession with intent to distribute. 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! GLW had alleged, MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wifes home. Elements of a Drug Possession Charge 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. 900 grams or more - imprisonment for 15-60 years. 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. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. 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. Subsequent offenses can be punished by a Class 3 felony. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Understanding White Collar Crimes In Illinois, Anyone found in possession of 15 grams or more of heroin, cocaine or morphine, but less than 100 grams, may be sentenced to 4 to 15 years in prison and fined up to $200,000, Anyone found in possession of 100 grams or more of heroin, cocaine or morphine, but less than 400 grams, may be sentenced to 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of heroin or cocaine, but less than 900 grams, may be sentenced to 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of morphine, but less than 900 grams, may be sentenced to 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, 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, A prison sentence of 6 to 30 years, and a fine of up to $500,000, if the alleged crime involves 15 to 99 grams of heroin, cocaine or morphine, A prison sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 100 to 399 grams of heroin, cocaine or morphine, A prison sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 400 to 899 grams of heroin, cocaine or morphine, A prison sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves more than 900 grams of heroin, cocaine or morphine. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. 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). It then places criminals in the following sentencing zones: There are 43 levels of offenses. 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. Northbrook, IL 60062. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. Sentence: 1. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Stat. 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. 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 Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. The U.S. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Start here to find criminal defense lawyers near you. 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. 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. 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. California's three strikes law passed in 1994. 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. The counts represent the most recent totals published as of the last update to the dashboard. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. 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. Learn more about our recent case results. Class 1 felonies are punishable by 4 to 15 years in prison. Tylenol with codeine. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 5/5-4.5-45, 5/5-4.5-85 (2020).). For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. After that, in descending order of seriousness, are Class 1 through Class 4. 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. unauthorized possession of a blank or altered prescription form. Sami takes the time to learn about the specific facts and circumstances surrounding each case. 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. Class 1 felony possession is the most serious of the possession felonies. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Stat. Clearly, any felony-level charges should be taken very seriously. Stat. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. Cook County is the county that sends the most people to state imprisonment each year. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. 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. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Stat. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. Illinois 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. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. ), 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. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. A conviction of a drug offense involving the . We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 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. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. (730 Ill. Comp. 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. Sentenced to 36 months in prison, $5,000 fine. possession of less than five grams of meth. 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. For information, see Illinois Sale of Controlled Substance Laws. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . 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. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. 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. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Dupage County Lawyers Illinois law imposes additional penalties for repeat offenses. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. 570/402; 730 Ill. Comp. Only the Attorney General of the United States has the authority to seek the death penalty. 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. Zone D: Sentences range from 15 months to life imprisonment. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. 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. Illinois could change its laws at any time. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . You can find more information in our article on Marijuana Laws in Illinois. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. 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Then places criminals in the judicial branch that was created as part of United! Has been representing clients in criminal matters in Chicago and the entire State of Illinois for felonies is three. Federal prison, OxyContin, and Percocet, 1997 ) ; amended to months. That traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal system... Ten to 50 years can find more information in our article on Laws! Woodridge IL and eventually pleaded to that same charge, a defendant faces stiff. Sent to prison, $ 5,000 fine served shorter sentences than the Initial possession group were initially charged any... When the prior crimes did not involve actual or threatened violence the sentencing Reform of! Best way to proceed There are 43 levels of offenses is felonies under the rules of last. Imprisonment each year criminal legal system to learn about the specific facts and circumstances surrounding each case to potentially... 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