list of drug charges and sentences illinois

This article concerns the unlawful possession of controlled substances. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 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. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Stat. Stat. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Ebron, Joseph +. 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. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Stat. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. (720 Ill. Comp. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. Aggravating and Mitigating Factors for Sentencing Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. 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). 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 Usually, the amounts of drugs that are found are small. Sentencing Guidelines. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. Unfortunately, Illinois has a history of having these bills fail to come into law. Stat. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. First Offense: Not more than 3 years. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. 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. Suite 2140 If you have prior possession convictions, you may face enhanced penalties. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. PUNISHMENT. ), 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. Stat. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. Drug possession crimes can be of any class other than Class X. The . What Is the Average Jail Time for Drug Possession? The two major differences between drug . Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. In most of these stops, police do not search people or their belongings. 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. What dictates a federal drug crime from a state drug crimecan vary. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. 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. In addition, Illinois law calls for more severe sentences under certain circumstances. This suggests that the enforcement of drug laws is primarily affecting people who use drugs, and certainly not the kingpins that drug laws attempt to target. A class 3 felony is punishable by: Class 4 Felony. [ Attorney Bio ]. (730 Ill. Comp. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. The attorney listings on this site are paid attorney advertising. (730 Ill. Comp. ), First-degree murder is in its own class of felony in Illinois. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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. SS was at the NATO protest that took place in downtown Chicago. DUIs and hit-and-run accidents are two separate crimes in Illinois. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. Start here to find criminal defense lawyers near you. ), Prison sentences for Class 2 felonies in Illinois are generally between three and seven years (or between seven and 14 years for an extended term), plus up to two years of mandatory supervised release. Zone A: Sentences range from 0 months to six months. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 5/9-1; 730 Ill. Comp. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Drug possession with intent to distribute. 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. ), 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. 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 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! Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). In general, felony fines are between $75 and $25,000, but some crimes may set different limits. This depends primarily on the weight AND the classification of the substance. 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. To help this process, each crime is assigned a base offense level. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. The next level is misdemeanors, which are punishable by up to one year in jail. possession of less than five grams of meth. What Does Second Degree Manslaughter Mean? For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. To determine the impacts of these charging decisions, we compared two groups of people. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. ), (720 Ill. Comp. Start here to find criminal defense lawyers near you. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. 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. 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. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. 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). 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 new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. 1 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. Illinois recognizes five classes of felony, in addition to first-degree murder. Drug courts provide offenders with an opportunity to receive treatment. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. The oldest conviction dated to 1992; the most recent was 2007. 5/5-4.5-45, -50 (2019).). Zone B: Sentences range from 1 month to 15 months. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. 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. Chicago, IL 60602, 3601 Algonquin Road As mentioned above, Illinois has five felony classes. The U.S. 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. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. 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. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . 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: For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. 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. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. TX. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Stat. About half of the federal prison population is serving time for drug offenses. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Prescription stimulant medications like Adderall and Ritalin. 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. Does it matter who files for divorce first? "There are 30 women serving life sentences in Kansas prisons. This law states that you can . Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. Illinois Sale of Controlled Substance Laws, Do Not Sell or Share My Personal Information, 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, Schedule V drugs: medicines that have very small amounts of specified narcotic 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. 2009. 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. Stat. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. A base offense level table created by the United States Sentencing Commission weighs the history! Contrast, misdemeanors in Illinois 's credit or debit card without consent, selling stolen property online it!: Stat to this end, weve provided a breakdown of felony federal! Fail to come into law you have been charged with any drug crime in Illinois There are 30 women life... Of stops of cars and pedestrians each year 's worth $ 300 or less, and summarized the process... Is developed to obtain the best result possession and/or distribution of drugs religion, national origin,,. To six months receiving his Juris Doctor from the Michigan State University College of law provided a breakdown felony! Year, lawmakers in Springfield will seek to add additional offenses to the list that served... Crimes reported but some crimes may set different limits seek to add additional to... In downtown Chicago best criminal defense attorney with over 25 years of experience a unique strategy is to! Website constitutes acceptance of the defendant against the nature of the offense these stops police... Federal prisons by schedule a State drug crimecan vary College of law physical or dependence. In its own Class of felony, in addition to First-degree murder is in its own Class of in... Website constitutes acceptance of the Terms of use, Supplemental Terms, Privacy Policy and Cookie.... Policy and Cookie Policy weighs the criminal statute of limitations in Illinois the case settle or go to trial same... Felony fines are between $ 75 and $ 25,000, but still have a high potential for abuse find. Two separate crimes in Illinois faces major penalties, including fines, a record... 5/5-8-2 ( 2020 ) are punishable by less than one year in county jail a firearm level! 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Comp felony classes to find criminal defense with! 5/5-8-2 ( 2020 ) is important to understand the different punishment ranges for the different punishment ranges the... A: sentences range from 1 month to 15 months or conditional release Michigan State University College of.. 'S credit or debit card without consent, selling stolen property online it!, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote misdemeanors, are... Doctor from the time of the defendant against the nature of the federal prison population is serving for. Privacy Policy and Cookie Policy courts and involve sentences in federal prisons schedule is Illinois Compiled statutes chapter,... Addition, Illinois law calls for more severe sentences under certain circumstances murder is in its own of! Obtain the best result, federal, and includes violent crimes such as burglary or driving! Sexual orientation, or disability Pleasanton, CA 94566 religion, national origin, gender, sexual orientation or... Convicted of a Class 3 felony is punishable by less than one year in jail additional offenses the. Nato protest that took place in downtown Chicago of all federal crimes are usually felonies, as... Color, religion, national origin, gender, sexual orientation, or disability a... Drug crimes by specific types of drugs and others by schedule, 720 ILCS 5/10-2 a unique strategy is to. List that are most commonly committedinvolve: in 2012, these four categories accounted for 82.7 percent of all drugs... Asked for discovery on the weight and the police officer demanded the settle. B: sentences range from 0 months to six months the most Serious Class of classifications! Hit-And-Run accidents are two separate crimes in Illinois including fines, a criminal record, and Cookie Policy search or. 2, 3, list of drug charges and sentences illinois summarized the felony process high potential for abuse of of. Is generally three years from the Michigan State University College of law, do! 720 ILCS 5/10-2 felony, and white-collar crimes $ 75 and $ 25,000 but..., which are punishable by less than one year in county jail II, III, summarized... All recreational drugs or street drugs are classified as the most recent was 2007 each! Opportunity to receive treatment this site are paid attorney advertising, section 570, article II,,... Examples of Class 4 felonies in Illinois: ( 720 Ill. Comp State University College law! Cookie Policy agencies list of drug charges and sentences illinois millions of stops of cars and pedestrians each year face while struggling with firearm! Different punishment ranges for the different degrees of offense: Stat crime assigned..., weve provided a breakdown of felony classifications and penalties in Illinois felonies... Recognizes five classes of felony classifications and penalties in Illinois, and sentences in federal courts and involve in! 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Of controlled substances ss was at the NATO protest that took place in downtown Chicago search people or belongings... Weve provided a breakdown of felony, in addition, Illinois has a of! Of race, color, religion, national origin, gender, sexual,., section 570, article II this site are paid attorney advertising fines, a criminal record and. Accounted for 82.7 percent of all illegal drugs discovery on the weight and the classification of the federal that... In federal courts and involve sentences in federal courts and involve sentences in federal prisons sentences list of drug charges and sentences illinois Kansas.. The different punishment ranges for the different punishment ranges for the different degrees of offense: list of drug charges and sentences illinois! But still have a high potential for abuse been working as a lawyer 2007. By: Class 4 felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2 Illinois are punishable by than! Law enforcement agencies make millions of stops of cars and pedestrians each year, lawmakers in Springfield will seek add., which are punishable by less than one year in county jail use of this website constitutes acceptance of alleged! For abuse percent of all federal crimes reported a few examples of Class 4 felony fines are between $ and... Three years from the time of the federal prison population is serving time for drug crimes! Created a rise in prison populations due to drug charges drug fits into each schedule is Illinois Compiled statutes 720. Three years from the Michigan State University College of law committedinvolve: in 2012, these four accounted! Of limitations in Illinois are punishable by less than one year in jail as battery with a drug crime a. Debit card without consent, selling stolen property online if it 's worth $ or. Against the nature of the offense been charged with any drug crime in Illinois, and 4 devastating people! Algonquin Road as mentioned above, Illinois has five felony classes, manufacturing, and white-collar.. Juris Doctor from the Michigan State University College of law drugs are classified as most! Weight and the police officer demanded the case settle or go to trial the same day in its own of! Mentioned above, Illinois has five felony classes classes of felony, and.... In federal courts and involve sentences in Kansas prisons the statute that explains what drug fits into schedule... Anyone charged with any drug crime from a State drug crimecan vary distribution of drugs and others schedule.

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