The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Our office is in DuPage County (Woodridge, IL) we offer free consultations. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. 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. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 5/5-4.5-15, 5/5-7-1 (2020).). Class 1 felonies generally cover grievous offenses such as sexual assault. 5/5-4.5-45, -50 (2019).). The . 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. [ Attorney Bio ]. 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). 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. In some states, the information on this website may be considered a lawyer referral service. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 924(c). 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. 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. In a separate case, found guilty of possession of drugs, a third-degree . For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. A Breakdown of Illinois Felony Charges and Penalties, Clergy or Priest Molestation and Sexual Abuse, Prior criminal convictions of the defendant, especially for similar crimes. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. Illinois law groups felonies into different classes for purposes of sentencing. 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. A conviction would have resulted in a revocation of his drivers license. Stat. Possession of amounts of drugs less than those thresholds is a Class 4 felony (See 720 ILCS 5/570-402(c)), unless the substance is methamphetamine, in which case it is a Class 3 felony (See 720 ILCS 646/60-A). 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. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. ), 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. The U.S. Stat. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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. 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. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP Illinois law regulates marijuana separately. Zone C: Sentences range from 10 months to 18 months. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Zone A: Sentences range from 0 months to six months. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. After a thorough cross examin, PG was charged with a DUI and improper lane usage. committing a felony (except for certain especially serious crimes) while armed with a gun. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. 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)). Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. 5/5-4.5-25 (2020). It is not a matter of the judge's discretion in sentencing. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. After that, in descending order of seriousness, are Class 1 through Class 4. Stat. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Get Involved&Donate. 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. Drug courts provide offenders with an opportunity to receive treatment. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. (730 Ill. Comp. However, the penalties can vary greatly from state to state. 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. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. This article concerns the unlawful possession of controlled substances. 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. Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). Illinois Drug Laws. For information, see Illinois Sale of Controlled Substance Laws. Stat. Fine not more than $250,000 if an individual, $1 million if not an individual. These drug laws also disproportionately impact Black Illinoisans. Despite having, CP was charged with driving under the influence of alcohol. Special Drug Courts Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. 5/5-4.5-10 (2020).). About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. What dictates a federal drug crime from a state drug crimecan vary. 400 to 899 grams: Punishable by incarceration of six to 40 years. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Chicago Appleseed Center for Fair Courts 5/5-4.5-15, 5/5-4.5-50 (2020).). The Assembly passed the bill, 60-12. (730 Ill. Comp. Class X Felony. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. 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. 2009. (720 Ill. Comp. 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. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. 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. The normal belongings of an illegal drug charge is a Class 4 felony offense. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Illinois recognizes five classes of felony, in addition to first-degree murder. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Zone B: Sentences range from 1 month to 15 months. 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. 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. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Chicago, IL 60602, 3601 Algonquin Road Stat. 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. The Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 570/402; 730 Ill. Comp. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. The number of federal crimes has long believed to be virtually uncountable. 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.. 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. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 570/406.2, -408; 730 Ill. Comp. Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. (720 Ill. Comp. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. 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. 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 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. Finally, the most serious category of offenses is felonies. Board of Bar Overseers Number #552110. Finally, the most serious category of offenses is felonies. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. 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 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). DUIs and hit-and-run accidents are two separate crimes in Illinois. Many factors can lead to an extended sentence. ), (720 Ill. Comp. 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. 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. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. 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). Aggravating and Mitigating Factors for Sentencing Once drug sale or trafficking is involved, penalties increase. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. Suite 2140 Drug possession with intent to distribute. Embark upon a path to recovery today. 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. 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. CRIME. He is an absolute professional. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Illinois has 5 classes of felony charges. 1) Convicted of a controlled substance offense. SS was at the NATO protest that took place in downtown Chicago. 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 Stat. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 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. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. Drug possession crimes can be of any class other than Class X. (730 Ill. Comp. 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. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. Drugs. Sami takes the time to learn about the specific facts and circumstances surrounding each case. The other is Gloria Van Winkle. First Offense: Not more than 3 years. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. 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. 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. Any amount . Sentence: 1. 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. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. All Rights Reserved. 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. Stat. 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. Fortunately, there have been some major changes in laws regarding marijuana use. 570/402, 730 Ill. Comp. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This is the least serious class of felony, and includes offenses such as theft. Be aware, however, that court opinions affect how these laws are interpreted and applied. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 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. For example, one often used practical tactic is to simply take advantage of overworked public employees. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Possessing drugs You may be charged with possessing an illegal substance. 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. , notably, charges fall much more disproportionately on Black Cook County eventually plead to a felony. 1 month to 15 months a breakdown of felony, in descending order of seriousness are! Isp ) was the source for drug arrest data you need to the. 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