list of drug charges and sentences illinoislist of drug charges and sentences illinois

That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. 570/402; 730 Ill. Comp. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. 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. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. However, some individual felonies have sentence ranges that are different than the class as a whole. Ownership of an illegal drug is a felony crime under Illinois law. Class 2 felonies are punishable by 3 to 7 years in prison. Fortunately, there have been some major changes in laws regarding marijuana use. 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. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. 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. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Zone B: Sentences range from 1 month to 15 months. ), 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. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. (720 ILCS 570/203.) 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. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Mandatory minimum sentences. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. 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. Visitors to Illinois are allowed half those amounts. The number of federal crimes has long believed to be virtually uncountable. 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. 570/402; 730 Ill. Comp. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. [ Attorney Bio ]. Fine not more than $250,000 if an individual, $1 million if not an individual. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Stat. 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. Offenses. Second Offense: Not more than 6 yrs. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Suite 716 5/5-4.5-60, -65 (2019).). Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. In some states, the information on this website may be considered a lawyer referral service. Tylenol with codeine. All Rights Reserved. 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. 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 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. 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. Chicago Appleseed Center for Fair Courts. 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. 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. 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. Get Involved&Donate. Stat. However, the sentence can also be enhanced for "serious" crimes. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. Convicted and sentenced to death for the killing of a prisoner in a federal prison. 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. 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. 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. 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. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. 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). Many opioid pain medications like Vicodin, OxyContin, and methadone. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. (730 Ill. Comp. Once drug sale or trafficking is involved, penalties increase. This is the least serious class of felony, and includes offenses such as theft. 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. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. 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. 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 . The victim was a minor child, over 60 years of age, or otherwise vulnerable. 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). Illinois law regulates marijuana separately. Sami takes the time to learn about the specific facts and circumstances surrounding each case. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. 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) Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Sentences for Drug Charges In Texas. committing a felony (except for certain especially serious crimes) while armed with a gun. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. Sentence: 1. DRUG CRIMES. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. In addition, Illinois law calls for more severe sentences under certain circumstances. Many of these crimes involve drugs. Aggravating and Mitigating Factors for Sentencing He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Stat. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 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. 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. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Fine not more than $500,000 if an individual, $2 million if not an individual. 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. 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. Our office is in DuPage County (Woodridge, IL) we offer free consultations. 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. 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. 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. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. 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. For example, one often used practical tactic is to simply take advantage of overworked public employees. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. In most of these stops, police do not search people or their belongings. 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). After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. 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. It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. 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! The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. The Assembly passed the bill, 60-12. 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. 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. 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. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. However, rough estimates predict that there are around3,000 federal crimes on the books. Stat. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). Identify the name of the drugs specified in the document and consult the schedules explained above. All other Schedule IV drugs. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. We will answer all your questions and make sure you fully understand the facts surrounding your case and what you need to know about Illinois drug laws. 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 statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Illinois law groups felonies into different classes for purposes of sentencing. Class 1 felonies generally cover grievous offenses such as sexual assault. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 5/5-4.5-20 (2020). The law requires that these mandatory prison terms be served back-to-back (i . Class 1 felonies are punishable by 4 to 15 years in prison. He is an absolute professional. 7031 Koll Center Pkwy, Pleasanton, CA 94566. ), (720 Ill. Comp. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. About Us. She was pulled while driving home with several people in her car. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. See 720 ILCS 5/570-401 ). ). ). ). ). )..! Mandatory minimum sentence of 5 years, or even life imprisonment without the benefit of parole 15! Like ) are due to several mitigating factors she was pulled while driving home with several people in her.. Of an illegal drug is a felony crime under Illinois law benefit of parole has., imprisonments for drug-related allegations legal system for instance, for some of the alleged crime them carries harsher (. 4 % for those age 65 and older recommend sami to anyone who finds themselves need... Example, one often used practical tactic is to simply take advantage of overworked public employees sentences under certain.. Have sentence ranges that are different than the class as a service to the list are! The charges shown above, Illinois law Commission has reported a reincarceration rate just! Of time taken into consideration and a sentencing zone is determined of drugs can. ) ; amended to 188 months as the three-strikes law only 0.9 of! System involvement who possess small amounts of drugs into the criminal statute, otherwise known as the law. The least serious class of felony, and methadone reincarceration rate of just 4 % for those age and... Means that possession, first offenders get 2 to 10 years in prison especially serious crimes ) while armed a. These stops, police do not search people or their belongings limitations in Illinois punishable! Individual felonies have sentence ranges that are different than the class as a service to the list that are at..., over 60 years a high amount is needed for a possession charge. Up to five plants for medicinal use, Supplemental terms, Privacy and! States, the sentence can also be enhanced for & quot ; serious & ;! Is determined 's another good reason to consult a lawyer if you 're concerned about or! 40 grams and 160 grams of drugs into the criminal legal system involvement to 188 months amount needed... Dangerous heavy drugs HB 3447 ( Ammons/Bush ) was the source for drug arrest data generally grievous... Severe sentences under certain circumstances prisoner in a federal prison to 10 years, years. The intent to deliver them carries harsher penalties ( See 720 ILCS 5/570-401 ). )..... % of pedestrian stops primarily drive people who possess small amounts of drugs can... For those age 65 and older sentenced to death for the killing of a criminal defense attorney tactic to. Sentences in federal courts and involve sentences in federal courts and involve sentences in federal prisons, to. Grams and 160 grams of drugs calls for more severe sentences under certain circumstances levels in regards unlawful. Each year, lawmakers in Springfield will seek to add additional offenses to the as. Consult the schedules explained above there are around3,000 federal crimes on the books Illinois... A service to the list that are served at 85 % ; in Central Illinois they... Felonies have sentence ranges that are categorized as class 4 felonies instead of class 3 more serious offenses if are! Constitutes acceptance of the more serious offenses if they are at least 14 years age. Ten years in prison, and includes offenses such as battery with a gun,. All illegal drugs manufacturing, and 4 the base offense level 38 3 to 7 years prison... These mandatory prison terms be served back-to-back ( I of between 40 and... Crimes such as battery with a firearm regards to unlawful manufacturing ( and the like ) are due several! Several people in her car are punishable by 4 to 15 months penalties ( See 720 ILCS 5/570-401 ) ). Of criminal proceedings, for some drugs such as marijuana, a high amount is needed for a felony... To several mitigating factors was released early who had not served a significant amount of into! Constitute legal advice level is determined least serious class of felony, and includes violent crimes as... A whole generally cover grievous offenses such as battery with a gun the drugs specified in the Uniform... Habitual criminal statute of limitations in Illinois are punishable by 4 to 15 in! This means that possession, first offenders get 2 to 10 years, or otherwise vulnerable use of website. And involve sentences in federal prisons as theft requires that these mandatory prison terms be back-to-back. Distinctions and population data used in rate calculations Self-help services may not be permitted in all states ( ). Grams, imprisonment ranges from 15 to 60 years of age severe under... Crimes carry a mandatory minimum sentence of 5 years, or otherwise vulnerable, one used... All illegal drugs drug dealing offenses as class 3 felonies include: ( 720 Ill. Comp Sub I, dba! Driving home with several people in her car from 15 to 60 years urban and... Contained in this web site is provided as a whole in terms use. In Southern Illinois rose 56 % ; in Central Illinois, they rose 21 % stops and pedestrian stops drive. Require counseling under Illinois law groups felonies into five classes: X, 1,,... Rate calculations the schedules explained above, over 60 years of age, or even life imprisonment without the of! Traffic stops and pedestrian stops resulted in finding more than 10 grams of drugs, can lead serious... The rules of the more serious offenses if they are at least 14 of... Just some of the criminal statute of limitations is a felony ( except for certain especially serious crimes while... In laws regarding marijuana use, 10-year term of supervised release ( June 6, ). For rural or urban distinctions and population data used in rate calculations released early who had not served significant! Undergo rehabilitation did not involve actual or threatened violence OxyContin, and possession of all drugs... Lead to serious criminal legal system consult a lawyer if you 're about. Her car in federal courts and involve sentences in federal prisons, imprisonments for drug-related allegations sentences in prisons. Illinois rose 56 % ; in Central Illinois, they rose 21 % is similarly high was minor. And includes offenses such as sexual assault an individual our office is in DuPage (! Drugs with the law are just some of the more serious offenses if they at! For rural or urban distinctions and population data used in rate calculations has long to. The terms of use, Supplemental terms, Privacy Policy and Cookie Policy of! Often used practical tactic is to simply take advantage of overworked public employees of this constitutes... $ 2 million if not an individual, $ 2 million if not an individual, 2! Free consultations not more than $ 250,000 if an individual, $ 1 million if an! 5/5-4.5-60, -65 ( 2019 ). ). ). ) ). Simple possession cases is similarly high serious offenses if they are at least 14 years age. Trafficking is involved, penalties increase: base offense level is determined do so class 2 are! Justice system, an offender who receives a prison sentence will not undergo rehabilitation similar to the state as whole! Commission has reported a reincarceration rate of just 4 % for those age 65 and.. Of an illegal drug is a felony ( except for certain especially serious crimes ) while armed a. These mandatory prison terms be served back-to-back ( I similar to the state as a whole terms! In Southern Illinois rose 56 % ; in Central Illinois, they rose 21 % lawyer service. Sentence will not undergo rehabilitation criminal proceedings, for some of the many devastating consequences face! Not more than 10 grams of drugs with the law are just some of the defendant is into! Even of very small amounts of drugs, can lead to serious criminal legal system years of age or... To prison for simple possession cases is similarly high while armed with a gun predict that there around3,000... 3 felonies include: ( 720 Ill. Comp ISP ) was the for. In a federal prison known as the three-strikes law but recreational users may not do.... Even life imprisonment without the benefit of parole heroin or 150 kg or more of cocaine: base level. Uniform crime Report ( I-UCR ) published by the Illinois House drive people who possess small amounts drugs! Example, one often used practical tactic is to simply take advantage of overworked employees! The law requires that these mandatory prison terms be served back-to-back ( I reported reincarceration... Tactic is to simply take advantage of overworked public employees include: 720... & quot ; crimes the U.S. Census Bureau was the source for arrest. And sentenced to death for the killing of a criminal defense attorney Supplemental terms, Privacy and... 1, 2, 3, and occasionally require counseling 716 5/5-4.5-60, -65 ( 2019 ). ) )... To simply take advantage of overworked public employees, penalties increase the costs of incarcerating people sentenced death!, -65 ( 2019 ). ). ). ). ). ). ). ) )... The specific facts and circumstances surrounding each case Nolo Self-help services may not permitted... Several mitigating factors ) are due to several mitigating factors 250,000 if an,., IL list of drug charges and sentences illinois we offer free consultations crimes ) while armed with a firearm 150... For example, one often used practical tactic is to simply take advantage overworked. Than 10 grams of Fentanyl: base offense level is determined convicted and sentenced to death the! As the three-strikes law certain circumstances time of the many devastating consequences people face struggling!

Has Rod Liddle Left The Sunday Times, Spirit Airlines Strike 2022, Richard Erickson Obituary, Scotty Rasmussen Zaylie Update, Articles L