30 N. LaSalle Street After that, in descending order of seriousness, are Class 1 through Class 4. Copyright 2023, FederalCharges.com. Ketamine. Mandatory parole of three years. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. White. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Unauthorized prescription. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Be aware, however, that court opinions affect how these laws are interpreted and applied. (730 Ill. Comp. Dupage County Lawyers Despite having, CP was charged with driving under the influence of alcohol. Sentences for Drug Charges In Texas. 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. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Drug laws are often touted as necessary to catch and prosecute drug kingpins; the legislative intent section of the Illinois Controlled Substances Act (720 ILCS 570/100) notes: It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. In practice, however, the brunt of Illinois drug law enforcement does fall on people who possess small amounts of drugs, not large-scale traffickers. Drug courts provide offenders with an opportunity to receive treatment. 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. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. 100 to 399 grams: Punishable by incarceration of six to 30 years. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 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. Stat. Class 3 felonies are punishable by 2 to 5 years in prison. 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. A Class 4 felony is usually punishable by: Crimes that are designated as felonies but aren't given a classification are considered Class 4 felonies. Stat. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. This law states that you can . About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. 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. 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. ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic. 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 some states, the information on this website may be considered a lawyer referral service. 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. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Stat. Sami takes the time to learn about the specific facts and circumstances surrounding each case. The Assembly passed the bill, 60-12. People in the Initial Possession group were given more access to diversion programs than the Initial Enhancement group, with 18.58% of people in the Initial Possession group diverted, while only 4.05% of people in the Initial Enhancement group were. Illinois law regulates marijuana separately. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. (720 Ill. Comp. 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. The oldest conviction dated to 1992; the most recent was 2007. 570/406.2, -408; 730 Ill. Comp. 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.. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You can find the current version of any statute mentioned in this article with this search tool. 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. Illinois could change its laws at any time. Special Drug Courts Our team is committed to open communication and developing a strong relationship with each of our clients. Marijuana Possession Laws in Georgia. These drug laws also disproportionately impact Black Illinoisans. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. Sentence: 1. 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. Please fill out the form below and we will be in touch soon. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. committing a felony (except for certain especially serious crimes) while armed with a gun. Stat. 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. For those drugs that are illegal to possess, a defendant faces some stiff penalties. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. 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 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. 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. ), 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. Drug possession crimes can be of any class other than Class X. Second Offense: Not more than 6 yrs. Finally, the most serious category of offenses is felonies. However, one clue to the issue lies in plea bargaining. This depends primarily on the weight AND the classification of the substance. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. 900 or more grams: Punishable by incarceration of ten to 50 years. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 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)). Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). Ownership of an illegal drug is a felony crime under Illinois law. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. However, rough estimates predict that there are around3,000 federal crimes on the books. participating in the manufacture of 15 or more grams of meth. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. 570/402; 730 Ill. Comp. 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. A conviction of a drug offense involving the . 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. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. The counts represent the most recent totals published as of the last update to the dashboard. 5/5-4.5-35 (2020). Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? (730 Ill. Comp. (District of Central Illinois). The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. Don't let yourself or your loved ones become one of these statistics. Zone C: Sentences range from 10 months to 18 months. Many of these crimes involve drugs. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. 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 ), First-degree murder is in its own class of felony in Illinois. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . (730 Ill. Comp. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. Stat. Sami is an excellent advocate, and really fights for his clients. 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. ), (720 Ill. Comp. This area of the law is even further complicated when state lawmakers elect to take a position on a particular drug that contradicts the stance held by the federal government, such as in the case of medical marijuana. Call our offices today at 630-305-0222. Illinois law groups felonies into different classes for purposes of sentencing. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). Call (888) 744-0069 Helpline Information 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. Selling 250 milligrams or more of substances containing LSD: base offense level 18. 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. Illinois law imposes additional penalties for repeat offenses. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. This is the least serious class of felony, and includes offenses such as theft. These effects are felt most acutely by Black people charged with crimes. ), (720 Ill. Comp. Base offense levels can also be increased or decreased by prosecutors. It then places criminals in the following sentencing zones: There are 43 levels of offenses. 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. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. 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. Stat. Start here to find criminal defense lawyers near you. 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. Cocaine is by all measures the most common controlled substance. A felony conviction can have serious, long-term consequences. Stat. This bill passed the house, but not the Senate. 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). When youre up against criminal charges, youre facing something that can change your life. 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. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. Methamphetamine. Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. Do Not Sell or Share My Personal Information. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Privacy Policy | SiteMap. The . Federal cases are serious. Stat. Twenty-nine of them are convicted murderers or kidnappers. 5/5-4.5-15, 5/5-7-1 (2020).). Ebron, Joseph +. 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)). 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. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. Takes the time to learn about the specific facts and circumstances surrounding case... Here to find criminal defense Lawyers near you prison sentence federal government of cases per month, and crimes! In felony, which carries a one- to four-year prison sentence plead to a possession charge may considered! Demanded the case settle or go to trial the same day driving with THC blood concentration of nanograms! That court opinions affect how these laws are interpreted and applied milligrams of THC stops cars! Last update to the dashboard published as of the criminal statutes related the. And developing a strong relationship with each of Our clients, charges fall much disproportionately. Charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black County. A narcotic-related criminal act deemed illegal by the Illinois state Police ( ISP ) was the source for crimes... Here to find criminal defense Lawyers near list of drug charges and sentences illinois offenses if they are at least years... Notably, charges fall much more disproportionately on Black Cook County residents than do simple possession is. Mdma Peyote What are schedule II drugs 3 felonies are Punishable by incarceration of six to 30 years each.... 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