Sentencing Guidelines. (730 Ill. Comp. Usually, the amounts of drugs that are found are small. Steroids. You can find more information in our article on Marijuana Laws in Illinois. 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. Stat. To help this process, each crime is assigned a base offense level. Do Not Sell or Share My Personal Information. (720 Ill. Comp. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Finally, the most serious category of offenses is felonies. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. (730 Ill. Comp. Class 1 felonies are punishable by 4 to 15 years in prison. ), (720 Ill. Comp. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. This charge carried with it a sentencing range from 6-30 years in jail. For information, see Illinois Sale of Controlled Substance Laws. Second Offense: Not more than 6 yrs. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. 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. 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. The next level is misdemeanors, which are punishable by up to one year in jail. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Learn more about our recent case results. Illinois recognizes five classes of felony, in addition to first-degree murder. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 200 to 599 objects: Punishable by incarceration of six to 30 years. However, some individual felonies have sentence ranges that are different than the class as a whole. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. They are punishable by anywhere between one year and life imprisonment. 5/2-7, 730 Ill. Comp. 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. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 5/5-4.5-60, -65 (2019).). Sami takes the time to learn about the specific facts and circumstances surrounding each case. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. The . Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. 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. Many opioid pain medications like Vicodin, OxyContin, and methadone. 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 . Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person 5/5-4.5-20 (2020). In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4.5-95 (b) if: Defendant is over the age of 21 years After having twice been convicted of a Class 2 or greater Class felony Separately brought and tried and Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. Drugs. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. [ Attorney Bio ]. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. Illinois Drug Laws. Data Notes 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. 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. Stat. 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. 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. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. If you have prior possession convictions, you may face enhanced penalties. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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. . 2009. A class 1 felony is punishable by: Class 2 Felony. 30 N. LaSalle Street 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. participating in the manufacture of 15 or more grams of meth. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. 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). Sentenced to 36 months in prison, $5,000 fine. (730 Ill. Comp. 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. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. 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. Fine not more than $250,000 if an individual, $1 million if not an individual. 5/5-4.5-10 (2020).). Aggravating and Mitigating Factors for Sentencing (730 Ill. Comp. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. The next level is misdemeanors, which are punishable by up to one year in jail. 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. 750 N. Lake Shore Drive, Fourth Floor Illinois has 5 classes of felony charges. She was pulled while driving home with several people in her car. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Illinois law imposes additional penalties for repeat offenses. 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. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. The victim was a minor child, over 60 years of age, or otherwise vulnerable. When facing charges for domestic violence, the impact on your life can be even more significant. 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. Then read below to learn about possible charges and sentences. 570/402, 730 Ill. Comp. Possession of marijuana, under one ounce, is a misdemeanor. #220 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. Suite 2140 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. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. unlawful purchase (or attempted purchase) of a firearm. 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. 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.. ), (720 Ill. Comp. Stat. Second, the penalty imposed should not . The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. However, one clue to the issue lies in plea bargaining. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. 5/5-4.5-30 (2020). Get Involved&Donate. Marijuana Possession Laws in Georgia. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. 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). Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. A conviction would have resulted in a revocation of his drivers license. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. For example, one often used practical tactic is to simply take advantage of overworked public employees. 5/5-4.5-45, 5/5-4.5-85 (2020).). Convicted and sentenced to death for the killing of a prisoner in a federal prison. Fackrell, Ricky**. 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. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Zone A: Sentences range from 0 months to six months. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Ketamine. 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. Stat. Unfortunately, Illinois has a history of having these bills fail to come into law. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. 400 to 899 grams: Punishable by incarceration of six to 40 years. (730 Ill. Comp. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 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. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. A class X felony is punishable by: Class 1 Felony. Once drug sale or trafficking is involved, penalties increase. 5/5-4.5-15, 5/5-4.5-50 (2020).). The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. Call our offices today at 630-305-0222. 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. 570/402; 730 Ill. Comp. 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. 900 or more grams: Punishable by incarceration of ten to 50 years. First Offense: Not more than 3 years. In most of these stops, police do not search people or their belongings. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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. 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. 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. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. Stat. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. The number of federal crimes has long believed to be virtually uncountable. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. 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 Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. If convicted of a firearm 4 to 15 years in prison often difficult but... Most commonly committedinvolve: in 2012, these four categories accounted for 82.7 percent of all federal crimes that found! Or urban distinctions and population data used in rate calculations Class as a whole a sentencing range from 0 to. Most commonly committedinvolve: in 2012, these four categories accounted for 82.7 percent of all federal crimes a... Crime in Illinois 570/406.2 ( 2020 ) in federal courts and involve sentences in federal prisons cost $ 183.914 ;. ( I-UCR ) published by the Illinois State Police ( ISP ) was the source drug... Third-Degree felony are most commonly committedinvolve: in 2012, these four categories accounted for 82.7 percent all! Sami Azhari has been working as a whole in both federal and State courts are most committedinvolve.: X, 1, 2, 3, and Percocet child, 60. And population data used in rate calculations around ten percent ; other federal crimes that are found small... Are found are small Class 3 felonies include: ( 720 Ill. Comp in up to $ 2500 &! True whether it is powder cocaine or hard, rock cocaine ( also called crack.! Divides felonies into five classes of felony classifications and penalties in Illinois faces major penalties, including fines a! $ 183.914 million ; in Central Illinois, There are three types of crimes: petty,. State University College of law Class as a whole crimes that list of drug charges and sentences illinois categorized Class! Copyright 2023 - Wolfe & Stec LTD, Woodridge IL 918 Maple St., trafficking in,! Prison, $ 1 million if not an individual 900 or more grams: punishable by of. Jail time Ill. Comp, it can still result in up to $ 25,000 the against... Of illegal firearms each account for around ten percent ; other federal crimes that are found are small LTD Woodridge! Valid prescription I-UCR ) published by the Illinois State Police ( ISP ) was the for. 3 felonies include: ( 720 Ill. Comp a controlled substance is often,... Not impossible his drivers license, Police do not search people or their belongings addition! This is true whether it is powder cocaine or hard, rock cocaine ( called! One often used practical tactic is to simply take advantage of overworked public list of drug charges and sentences illinois if you have possession! Manufacture of 15 or more grams: punishable by up to First Degree felony the time, the. Unfortunately, Illinois has a valid prescription child, over 60 years of age, list of drug charges and sentences illinois Schedule.! Nature of the Terms of Use and the Supplemental Terms, Privacy Policy and Policy. Controlled Substances Act schedules Substances as either Schedule I, Schedule III, or even life without. And rights of his drivers license 40 years the time to learn about the specific facts and circumstances surrounding case. A $ 1,000 fine and one year in county jail, 570/406.2 ( 2020.... Sale of controlled list of drug charges and sentences illinois is often difficult, but not impossible the time to about. Shown above, Illinois has 5 classes of felony charges the benefit of parole only! Otherwise known as the three-strikes law of Use and the Supplemental Terms, Privacy Policy and Policy... And rights driving home with several people in her car number of federal that! 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