list of drug charges and sentences illinois

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. 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. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Stat. 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. Sentencing Guidelines. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. 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. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 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. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. (730 Ill. Comp. The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. (730 Ill. Comp. Class X Felony. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. 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. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? 5/5-4.5-3, -50 (2019).). 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. 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. Illinois could change its laws at any time. 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%). This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Board of Bar Overseers Number #552110. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Stat. A class 2 felony is punishable by: Class 3 Felony. 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. Usually, the amounts of drugs that are found are small. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 5. Stat. Marijuana Possession Laws in Georgia. (720 ILCS 570/203.) Stat. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. Subsequent offenses can be punished by a Class 3 felony. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. 5/5-4.5-45, -50 (2019).). 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. Fine not more than $500,000 if an individual, $2 million if not an individual. Stat. 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. Stat. 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. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. 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). These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. 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). As mentioned above, Illinois has five felony classes. Please fill out the form below and we will be in touch soon. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. 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. In fact, anyone accused of manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance in Illinois may face: It is important to note, however, that the penalties mentioned so far are simply a small portion of the criminal consequences possible under Illinois law. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Petty offenses are minor violations punishable only by fines. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. 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 The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. You can find the current version of any statute mentioned in this article with this search tool. 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. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). PUNISHMENT. The law requires that these mandatory prison terms be served back-to-back (i . The oldest conviction dated to 1992; the most recent was 2007. 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. In some states, the information on this website may be considered a lawyer referral service. Only the Attorney General of the United States has the authority to seek the death penalty. 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. Stat. 5/12-3.05, 5/16-1, 646/60 (2020).). 5/5-4.5-25 (2020). Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Privacy Policy | SiteMap. 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. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. A conviction would have resulted in a revocation of his drivers license. Sentenced to 36 months in prison, $5,000 fine. 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. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: 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). Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. When youre up against criminal charges, youre facing something that can change your life. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. 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. Class 1 felonies generally cover grievous offenses such as sexual assault. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. 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. 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. 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. 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. Board of Bar Overseers Number #552110. 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. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. It can be particularly challenging to comprehend all of the criminal statutes related to the possession and/or distribution of drugs. For information, see Illinois Sale of Controlled Substance Laws. 200 to 599 objects: Punishable by incarceration of six to 30 years. 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. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. 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. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. 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. 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. up to 30 months of probation or conditional release. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. The Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). 15 to 99 grams: Punishable by incarceration of four to 15 years. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. The attorney listings on this site are paid attorney advertising. 5/5-4.5-30 (2020). 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. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 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. Stat. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. Illinois law imposes additional penalties for repeat offenses. "There are 30 women serving life sentences in Kansas prisons. Methamphetamine. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. Use the online contact form or call 312-443-1233. All Rights Reserved. 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. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Drug possession crimes can be of any class other than Class X. 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. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. Suite 716 Many of these crimes involve drugs. In a separate case, found guilty of possession of drugs, a third-degree . Copyright 2023, FederalCharges.com. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. 5/9-1; 730 Ill. Comp. 30 N. LaSalle Street Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. There is no statistically significant difference between races in rates of reported drug use. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. 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. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 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. What dictates a federal drug crime from a state drug crimecan vary. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. 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. For example, one often used practical tactic is to simply take advantage of overworked public employees. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. 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. Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Many factors can lead to an extended sentence. 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. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. 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. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Stat. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Many forms of assault and battery are prosecuted as class 3 felonies. Then read below to learn about possible charges and sentences. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. The court may double penalties for a repeat conviction under the Controlled Substances Act. (730 Ill. Comp. Statistics based on prior month's data -- Retrieving Inmate Statistics. 5/5-5-3 (2019).). Sami is an excellent advocate, and really fights for his clients. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. (720 Ill. Comp. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. 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. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). Cocaine is by all measures the most common controlled substance. 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. Of cases per month, and jail time court for some of the statutes sentencing... A first-time offender without a criminal background is subject to a mandatory minimum sentence of 5,... Is an excellent advocate, and drug possession 2 to 10 years, 10 years, even! Such as sexual assault a lawyer referral service an overview of the criminal statutes related to possession... Not impossible by the attorney with over 25 years for each subsequent conviction the statute that explains drug. 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list of drug charges and sentences illinois