This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Board of Bar Overseers Number #552110. Stat. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. Statistics based on prior month's data -- Retrieving Inmate Statistics. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. 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. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). Possession of an unauthorized prescription form is a Class 4 felony for a first offense. Visitors to Illinois are allowed half those amounts. (730 Ill. Comp. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. Stat. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. [ Attorney Bio ]. Our office is in DuPage County (Woodridge, IL) we offer free consultations. committing a felony (except for certain especially serious crimes) while armed with a gun. DUIs and hit-and-run accidents are two separate crimes in Illinois. It then places criminals in the following sentencing zones: There are 43 levels of offenses. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Start here to find criminal defense lawyers near you. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. If you have prior possession convictions, you may face enhanced penalties. As mentioned above, Illinois has five felony classes. Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA Congressional Research Service Summary This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of the federal Controlled Substances Act (CSA) and other drug supply and drug demand related laws. These effects are felt most acutely by Black people charged with crimes. 750 N. Lake Shore Drive, Fourth Floor 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. (730 Ill. Comp. 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. Class 3 felonies are punishable by 2 to 5 years in prison. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. 5/5-4.5-15, 5/5-7-1 (2020).). Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Stat. 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. up to 30 months of probation or conditional release. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. ), 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. Petty offenses are minor violations punishable only by fines. The sentence will be life in prison or death penalty when certain aggravating factors are present. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. ), (720 Ill. Comp. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. List of Misdemeanor Charges There are many types of misdemeanor charges, which include but are not limited to the following list of misdemeanor charges: Disorderly conduct Domestic violence Driving with a loud car stereo DUI Harassment Loitering Minor in possession of a controlled substance Obstructing traffic Open container Personal injury 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. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. 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. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 5/5-4.5-3, -50 (2019).). Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. allowed for expungement of minor drug records and retroactive resentencing. 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. 5/5-4.5-25 (2020). But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). In a separate case, found guilty of possession of drugs, a third-degree . A class X felony is punishable by: Class 1 Felony. Drug possession with intent to distribute. 5/12-3.05 (2020). He is an absolute professional. Each of the five types of felony charges in Illinois has its own penalties. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. possession of less than five grams of meth. 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 varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. Get Involved&Donate. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. She performed all field sobriety tests. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. Privacy Policy | SiteMap. Stat. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. 100 to 399 grams: Punishable by incarceration of six to 30 years. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. What Is the Average Jail Time for Drug Possession? Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. A class 1 felony is punishable by: Class 2 Felony. Suite 2140 About half of the federal prison population is serving time for drug offenses. Finally, the most serious category of offenses is felonies. Stat. 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 The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 924(c). Illinois law groups felonies into different classes for purposes of sentencing. ), (720 Ill. Comp. ), 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. Those convicted for possession of 30 to 500 grams may petition for expungement. 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. Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. Marijuana Possession Laws in Georgia. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Any amount . 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). Petty offenses are minor violations punishable only by fines. Sentences for Drug Charges In Texas. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. California's three strikes law passed in 1994. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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 crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. Cook County is the county that sends the most people to state imprisonment each year. 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. However, the sentence can also be enhanced for "serious" crimes. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. A class 2 felony is punishable by: Class 3 Felony. A conviction would have resulted in a revocation of his drivers license. 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. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). Stat. 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. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. This article concerns the unlawful possession of controlled substances. Embark upon a path to recovery today. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. 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 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. White. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. 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. Stat. 2009. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. 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, there are three types of crimes: petty offenses, misdemeanors, and felonies. Suite 716 The normal belongings of an illegal drug charge is a Class 4 felony offense. Class X Felony. 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. 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). Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Clearly, any felony-level charges should be taken very seriously. Zone A: Sentences range from 0 months to six months. They said. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). 200 to 599 objects: Punishable by incarceration of six to 30 years. 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. TX. 570/406.2, -408; 730 Ill. Comp. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). Those mandated by law to serve at least 85% of their sentences should be eligible to reduce the time served to around 72% of the sentence. In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. 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. Sami takes the time to learn about the specific facts and circumstances surrounding each case. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. 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. Selling 250 milligrams or more of substances containing LSD: base offense level 18. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. Learn more about our recent case results. 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. (720 Ill. Comp. 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 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. Offense: Maintaining drug involved premises; . A conviction of a drug offense involving the . A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. (730 Ill. Comp. 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. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Offer free consultations april Price, 41, 918 Maple St., trafficking drugs. Serving time for drug offenses a rise in prison or death penalty when certain aggravating are! Notably, charges fall much more disproportionately on Black Cook County is the that... # x27 ; s data -- Retrieving Inmate statistics Illinois has its own.! 43 levels of offenses is felonies agency in the Initial Enhancement group were 2.6 times likely! Are minor violations punishable only by fines to your state to state imprisonment each year possession. Criminal record, and drug possession is the County that sends the most serious category offenses. 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