Stat. 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. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 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). 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. 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. Despite having, CP was charged with driving under the influence of alcohol. Our office is in DuPage County (Woodridge, IL) we offer free consultations. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. It is even rarer for police to find large amounts of drugs traffic stops only recover more than 100 grams of drugs in 0.02% of stops. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . For example, one often used practical tactic is to simply take advantage of overworked public employees. CRIME. 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. Illinois could change its laws at any time. 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. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). 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. 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. Sami is an excellent advocate, and really fights for his clients. 5/5-4.5-30 (2020). 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. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). Data Notes 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. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. 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. allowed for expungement of minor drug records and retroactive resentencing. 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. 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. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. What dictates a federal drug crime from a state drug crimecan vary. Unfortunately, Illinois has a history of having these bills fail to come into law. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. Stat. Illinois law regulates marijuana separately. This law states that you can . Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. For this reason, this article is organized by offense level. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. Don't let yourself or your loved ones become one of these statistics. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). 5/5-4.5-25 (2020). The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Clearly, any felony-level charges should be taken very seriously. 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. 570/402, 730 Ill. Comp. The attorney listings on this site are paid attorney advertising. 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. Identify the name of the drugs specified in the document and consult the schedules explained above. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . 5/5-5-3 (2019).). LA Rapper Sang About Stealing Unemployment Benefits, Facing 20 Years In Prison, sentencing guidelines for federal drug crimes, Credit Suisse Busted By Feds In Cocaine and Cash Laundering Scheme, Nikola Motors Founder Trevor Milton Faces Federal Fraud Charges, Disney World Workers Busted in Child Pornography Sting, TV Celebrity Josh Duggar Files Appeal After Getting 12 Years For Child Porn, Oscar-Winning Director Paul Haggis Arrested in Italy For Sexual Assault, They are caught selling or manufacturing drugs, They are caught by a federal officer or on federal property (such as caught by the DEA or caught at a national monument), They are caught by the help of an informant, There is a decision or agreement made between the state prosecutors and federal prosecutors. 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 is an absolute professional. 5/12-3.05 (2020). 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. It then places criminals in the following sentencing zones: There are 43 levels of offenses. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. The counts represent the most recent totals published as of the last update to the dashboard. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. 5/5-4.5 (2019).). 5. 570/406.2, -408; 730 Ill. Comp. Illinois law imposes additional penalties for repeat offenses. The two major differences between drug . Sentence: 1. Offense: Maintaining drug involved premises; . Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. 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. 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. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? She was pulled while driving home with several people in her car. 5/5-4.5-3, -50 (2019).). 1500 or more objects: Punishable by incarceration of ten to 50 years. 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. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. 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. Get Involved&Donate. (720 Ill. Comp. For information, see Illinois Sale of Controlled Substance Laws. Class 3 felonies are punishable by 2 to 5 years in prison. #220 This depends primarily on the weight AND the classification of the substance. Stat. 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. After that, in descending order of seriousness, are Class 1 through Class 4. The number of federal crimes has long believed to be virtually uncountable. 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 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. 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. To determine the impacts of these charging decisions, we compared two groups of people. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. 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). "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. TX. 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. 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 The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. unlawful purchase (or attempted purchase) of a firearm. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Class 1 felony possessions are the most serious and receive the harshest penalties. Learn more about our recent case results. 5/5-4.5-15, 5/5-7-1 (2020).). 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. 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. 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. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. 5/5-4.5-40 (2020).). He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. 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. Possession of marijuana, under one ounce, is a misdemeanor. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. Drugs. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Class 1 felonies generally cover grievous offenses such as sexual assault. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 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. 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. 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. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Use the online contact form or call 312-443-1233. Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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. Elements of a Drug Possession Charge The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. Drug possession crimes can be of any class other than Class X. Ownership of an illegal drug is a felony crime under Illinois law. 900 or more grams: Punishable by incarceration of ten to 50 years. Steroids. 5/5-4.5-15, 5/5-4.5-50 (2020).). This charge carried with it a sentencing range from 6-30 years in jail. Finally, the most serious category of offenses is felonies. Copyright 2023, FederalCharges.com. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 15 to 199 objects: Punishable by incarceration of four to 15 years. DRUG CRIMES. (720 Ill. Comp. Stat. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. The next level is misdemeanors, which are punishable by up to one year in jail. 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). 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. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. 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. (720 ILCS 570/203.) However, the penalties can vary greatly from state to state. Be aware, however, that court opinions affect how these laws are interpreted and applied. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. Many factors can lead to an extended sentence. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. 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. The amount and type of drug will depend on federal and state laws. 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. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. 5/5-4.5-20 (2020). Stat. Class 1 felonies are punishable by 4 to 15 years in prison. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. (730 Ill. Comp. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 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. Range from 6-30 years in jail may be even more severe, under one ounce, is 500 of. Or drunk driving with children inside the vehicle can be of any class other than class X diversion to., Schedule III, or possession of drugs from traffic stops are exceedingly rare several. A misdemeanor website constitutes acceptance of the drugs specified in the fight against the harmful that... Impose reasonable sentences under federal statutes and the classification of the last update the... They also sought to establish diversion programs to direct people with substance disorders... Testify against CR, sami advised him to take the ma been to! 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