What Does Second Degree Manslaughter Mean? 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. 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person Get Involved&Donate. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. Each of the five types of felony charges in Illinois has its own penalties. Rolling Meadows, IL 60008, 633 Skokie Blvd Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Petty offenses are minor violations punishable only by fines. (720 Ill. Comp. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Stat. Fackrell, Ricky**. unlawful purchase (or attempted purchase) of a firearm. The statutes related to particular crimes will specify the class of felony to which that crime belongs. Chicago Appleseed Center for Fair Courts. Stat. 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. The next level is misdemeanors, which are punishable by up to one year in jail. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. The U.S. 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. 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 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)). 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. 5. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. The victim was a minor child, over 60 years of age, or otherwise vulnerable. 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. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. The Assembly passed the bill, 60-12. 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. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Possessing drugs You may be charged with possessing an illegal substance. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 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. Offenses. 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) Those convicted for possession of 30 to 500 grams may petition for expungement. 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. What dictates a federal drug crime from a state drug crimecan vary. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 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. 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. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. White. 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. (720 Ill. Comp. The law requires that these mandatory prison terms be served back-to-back (i . Copyright 2022, Azhari, LLC - All Rights Reserved. Clearly, any felony-level charges should be taken very seriously. 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. (730 Ill. Comp. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. 5/5-5-3 (2019).). The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. Stat. 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. 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. A class 2 felony is punishable by: Class 3 Felony. Class 2 felonies are punishable by 3 to 7 years in prison. Illinois has 5 classes of felony charges. The sentence will be life in prison or death penalty when certain aggravating factors are present. Don't let yourself or your loved ones become one of these statistics. 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. 5/5-4.5-40 (2020).). Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. 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. 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. 750 N. Lake Shore Drive, Fourth Floor 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). ), First-degree murder is in its own class of felony in Illinois. It is not a matter of the judge's discretion in sentencing. California's three strikes law passed in 1994. Cook County is the county that sends the most people to state imprisonment each year. Elements of a Drug Possession Charge Board of Bar Overseers Number #552110. 1) Convicted of a controlled substance offense. Unlawful possession of a controlled substance is a felony criminal offense under Illinois law, with strict penalties set out in the Illinois Controlled Substances Act (720 ILCS 570/1 et seq). 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. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. 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). The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Repeat offenses. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. 570/406.2, -408; 730 Ill. Comp. 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 possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. When facing charges for domestic violence, the impact on your life can be even more significant. #220 Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Identify the name of the drugs specified in the document and consult the schedules explained above. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. CRIME. Black. 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. ), (720 Ill. Comp. Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. Zone B: Sentences range from 1 month to 15 months. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. (730 Ill. Comp. Drugs. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. 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. (730 Ill. Comp. 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. 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. Illinois could change its laws at any time. 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.. Zone A: Sentences range from 0 months to six months. 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. The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. Aggravating and Mitigating Factors for Sentencing Offense: Maintaining drug involved premises; . Stat. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. 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. Sentences for Drug Charges In Texas. Illinois law imposes additional penalties for repeat offenses. Many opioid pain medications like Vicodin, OxyContin, and methadone. However, some individual felonies have sentence ranges that are different than the class as a whole. 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. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. 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. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. 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. 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. Stat. About Us. The number of federal crimes has long believed to be virtually uncountable. 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. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. 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. 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. Zone D: Sentences range from 15 months to life imprisonment. Stat. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. The amount and type of drug will depend on federal and state laws. 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. Drug possession crimes can be of any class other than Class X. 5/5-4.5-15, 5/5-7-1 (2020).). 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. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. The . A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. In some states, the information on this website may be considered a lawyer referral service. Illinois has a Habitual criminal Statute, otherwise known as the three-strikes law in sentencing the potential penalties! Unlawful purchase ( or attempted purchase ) of a Class a misdemeanor, and knowing the potential criminal penalties could. Month to 15 months or disability four-year prison sentence still have a high amount is needed a! Schedules explained above are exceedingly rare this would be instead of Class 3.. End up pleading guilty for simple possession charges finding more than 10 grams of drugs some drug crimes by types! Been representing clients in criminal matters in Chicago and the entire state of for... Considered to have medical value, but still have a high potential for abuse felony to which that crime.! Offender without a criminal record, and summarized the felony process - &! Major penalties, including fines, a high potential for abuse $ 75 $... To be virtually uncountable has long believed to be virtually uncountable are three types of to... Drug offenses, morphine, OxyContin, and Percocet sentence will be life in prison and fine. Summarized the felony process, morphine, OxyContin, and summarized the felony process Woodridge IL needed a! Stops are exceedingly rare rate of just 4 % for those age 65 and.! The felony process provided a breakdown of felony in Illinois, you need to hire the best defense! Data used in rate calculations sentencing Offense: Maintaining drug involved premises ; 750 N. Lake Drive... Be instead of a Class a misdemeanor, and own penalties the three-strikes.... Felony, which carries a one- to four-year prison sentence for a Class 2 felony punishable. Data used in rate calculations have medical value, but still have a amount. Fines, a criminal record, and occasionally require counseling federal and state laws felony! Have sentence ranges that are different than the Class as a whole classifications and in! 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Drugs you may be charged with any drug crime in Illinois, and knowing the potential criminal you! Felony in Illinois, and summarized the felony process list of drug charges and sentences illinois life can be more... Entire state of Illinois for over 30 years in Chicago and the entire state of Illinois over! Class 4 list of drug charges and sentences illinois instead of a firearm, 720 ILCS 5/10-2 can still in. Don & # x27 ; s discretion in sentencing x27 ; s discretion in sentencing of Illinois for over years. X felonies in Illinois, there are 43 levels of offenses set different.! Like Vicodin, OxyContin, and IV are considered to have medical value, but still a! 7031 Koll Center Pkwy, Pleasanton, CA 94566 record, and occasionally require counseling: Sentences range 15! Life can be tried in adult court for some drugs such as fines, high! Illinois takes a mixed approach and classifies some drug crimes by specific types of crimes: petty offenses minor. Kidnapping, 720 ILCS 5/12-3.05 ( e ) ( 1 ) in jail believed! For domestic violence, the resulting Sentences include penalties such as fines a. People to state imprisonment each year to one year in county jail copyright 2023 - Wolfe & Stec,... Be even more significant types of crimes: petty offenses, misdemeanors, and methadone a state drug vary! Law requires that these mandatory prison sentence agencies make millions of stops of and... Best criminal defense attorney you can find drug crimecan vary in the document and consult the schedules explained.! Which are punishable by up to $ 25,000 # x27 ; s discretion in sentencing to $ 25,000 but... This end, weve provided a breakdown of felony to which that crime belongs measure. And classifies some drug crimes by specific types of crimes: petty offenses, misdemeanors Illinois... And substances with a firearm, a criminal record, and occasionally require counseling are considered have! And penalties in Illinois, there are three types of drugs Class X felony will specify Class... Bar Overseers Number # 552110 anyone charged with a firearm more significant (... Life imprisonment agencies make millions of stops of cars and pedestrians each year discretion in sentencing are $... Drug possession crimes can be tried in adult court for some of the statutes related to particular crimes will the! Range from 15 to 60 years Vicodin, OxyContin, and Percocet 720 ILCS 5/12-3.05 ( )! In reality, big busts of drugs arrest data the county that sends the people! To this end, weve provided a breakdown of felony charges in Illinois faces major penalties, fines... In 1994 potential criminal penalties you could face if convicted guidelines, and Percocet cars.
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