Class 1 felonies generally cover grievous offenses such as sexual assault. 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. 570/406.2, -408; 730 Ill. Comp. Sami is an excellent advocate, and really fights for his clients. Many factors can lead to an extended sentence. 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. Mandatory Minimums for Drug Crimes Table 1 below describes the mandatory minimum sentencing provisions for various drug and drug-related offenses. 15 to 199 objects: Punishable by incarceration of four to 15 years. 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. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 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. DRUG CRIMES. 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. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. 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. 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. 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. 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). 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. However, one clue to the issue lies in plea bargaining. This charge carried with it a sentencing range from 6-30 years in jail. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. Fortunately, there have been some major changes in laws regarding marijuana use. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Class 1 felony possessions are the most serious and receive the harshest penalties. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). A conviction would have resulted in a revocation of his drivers license. Get Involved&Donate. 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). Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. 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. 5/9-1; 730 Ill. Comp. The law requires that these mandatory prison terms be served back-to-back (i . Stat. 570/402; 730 Ill. Comp. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. They are punishable by anywhere between one year and life imprisonment. Despite having, CP was charged with driving under the influence of alcohol. Stat. 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. Only the Attorney General of the United States has the authority to seek the death penalty. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. The oldest conviction dated to 1992; the most recent was 2007. Stat. Does it matter who files for divorce first? The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. 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). He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. For those drugs that are illegal to possess, a defendant faces some stiff penalties. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. As such, the information contained herein is by no means a complete outline of Illinois state drug laws and certainly should not be considered a substitute for expert legal counsel. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. CRIME. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Unfortunately, Illinois has a history of having these bills fail to come into law. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. ), 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. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. 5/5-4.5-40 (2020).). Possession of an unauthorized prescription form is a Class 4 felony for a first offense. Chicago, IL 60602, 3601 Algonquin Road Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Methamphetamine. (720 Ill. Comp. 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). Ketamine. 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. 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. 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. 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. Stat. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Offense: Maintaining drug involved premises; . At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Repeat offenses. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 570/402, 730 Ill. Comp. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. Stat. About Our Agency; About Our Facilities; Historical Information 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) For information, see Illinois Sale of Controlled Substance Laws. 15 to 99 grams: Punishable by incarceration of four to 15 years. He is an absolute professional. It then places criminals in the following sentencing zones: There are 43 levels of offenses. Chicago Appleseed Center for Fair Courts 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. Class 3 felonies are punishable by 2 to 5 years in prison. 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. 5/2-7, 730 Ill. Comp. 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. 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. 5/5-4.5-20 (2020). In most of these stops, police do not search people or their belongings. 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. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 5/12-3.05 (2020). Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Second, the penalty imposed should not . Data Notes (720 Ill. Comp. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Selling 250 milligrams or more of substances containing LSD: base offense level 18. 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%). Then read below to learn about possible charges and sentences. Petty offenses are minor violations punishable only by fines. participating in the manufacture of 15 or more grams of meth. Ebron, Joseph +. 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! 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. allowed for expungement of minor drug records and retroactive resentencing. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. 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. 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. 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. 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