The counts represent the most recent totals published as of the last update to the dashboard. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Stat. 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. Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. DUIs and hit-and-run accidents are two separate crimes in Illinois. 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. 5/12-3.05 (2020). Our office is in DuPage County (Woodridge, IL) we offer free consultations. The number of federal crimes has long believed to be virtually uncountable. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Drug courts provide offenders with an opportunity to receive treatment. Ketamine. Stat. Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. Offense: Maintaining drug involved premises; . In most of these stops, police do not search people or their belongings. Finally, the most serious category of offenses is felonies. Many opioid pain medications like Vicodin, OxyContin, and methadone. 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. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 5/5-4.5-20 (2020). And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Black. 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 . 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. After that, in descending order of seriousness, are Class 1 through Class 4. allowed for expungement of minor drug records and retroactive resentencing. Cook County is the county that sends the most people to state imprisonment each year. Stat. Learn more about our recent case results. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. 200 to 599 objects: Punishable by incarceration of six to 30 years. This article concerns the unlawful possession of controlled substances. However, rough estimates predict that there are around3,000 federal crimes on the books. (730 Ill. Comp. However, the sentence can also be enhanced for "serious" crimes. 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. 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. 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. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Stat. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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. For example, one often used practical tactic is to simply take advantage of overworked public employees. 5/5-4.5-35 (2020).) 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. ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. 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. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. Then read below to learn about possible charges and sentences. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. 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. What dictates a federal drug crime from a state drug crimecan vary. ), (720 Ill. Comp. The Assembly passed the bill, 60-12. 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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. A conviction would have resulted in a revocation of his drivers license. The attorney listings on this site are paid attorney advertising. Stat. 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. He is an absolute professional. However, the penalties can vary greatly from state to state. 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. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. 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. (730 Ill. Comp. Repeat offenses. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. Board of Bar Overseers Number #552110. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . 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. 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. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. 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. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. In some states, the information on this website may be considered a lawyer referral service. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. 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. The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. (720 Ill. Comp. Illinois law imposes additional penalties for repeat offenses. (720 Ill. Comp. They said. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. 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. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). Many forms of assault and battery are prosecuted as class 3 felonies. The sentence will be life in prison or death penalty when certain aggravating factors are present. 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. Stat. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. Stat. Stat. Those convicted for possession of 30 to 500 grams may petition for expungement. 5/5-4.5-45, -50 (2019).). 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. 570/402, 730 Ill. Comp. 570/402; 730 Ill. Comp. Mandatory parole of three years. Stat. 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. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Cocaine is by all measures the most common controlled substance. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. 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. Fortunately, there have been some major changes in laws regarding marijuana use. 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.. Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. 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. This charge carried with it a sentencing range from 6-30 years in jail. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Marijuana Possession Laws in Georgia. 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. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. All Rights Reserved. ), (720 Ill. Comp. The two major differences between drug . Call (888) 744-0069 Helpline Information Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. A class X felony is punishable by: Class 1 Felony. The court may double penalties for a repeat conviction under the Controlled Substances Act. Class 2 felonies are punishable by 3 to 7 years in prison. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. 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. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). There are 43 levels of offenses. "There are 30 women serving life sentences in Kansas prisons. Copyright 2023, FederalCharges.com. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. 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. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Class 3 felonies are punishable by 2 to 5 years in prison. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Do Not Sell or Share My Personal Information. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. 5/5-4.5-25 (2020). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 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. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Twenty-nine of them are convicted murderers or kidnappers. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. They are punishable by anywhere between one year and life imprisonment. 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%). The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 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. The U.S. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. 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. 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). 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. 30 N. LaSalle Street Despite the stated goals of the Illinois Controlled Substances Act and some politicians commitment in the last decade to decrease the harms of the war on drugs, Illinois continues to primarily use its drug laws to stop, arrest, and prosecute people for possessing small amounts of drugs. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in Sami takes the time to learn about the specific facts and circumstances surrounding each case. 900 or more grams: Punishable by incarceration of ten to 50 years. 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.. 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. 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. Sentences for Drug Charges In Texas. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Unfortunately, Illinois has a history of having these bills fail to come into law. participating in the manufacture of 15 or more grams of meth. 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: Illinois has 5 classes of felony charges. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. 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. Suite 2140 Possession of marijuana, under one ounce, is a misdemeanor. Special Drug Courts In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. 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. Class 1 felonies generally cover grievous offenses such as sexual assault. Data Notes Get Involved&Donate. 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. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 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). First Offense: Not more than 3 years. The oldest conviction dated to 1992; the most recent was 2007. 5/9-1; 730 Ill. Comp. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. About half of the federal prison population is serving time for drug offenses. Class 1 felony possessions are the most serious and receive the harshest penalties. About Our Agency; About Our Facilities; Historical Information 400 to 899 grams: Punishable by incarceration of six to 40 years. 2009. 15 to 199 objects: Punishable by incarceration of four to 15 years. TX. (720 Ill. Comp. 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. 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. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Federal cases are serious. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. 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. 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)). 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. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 5/2-7, 730 Ill. Comp. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. (720 Ill. Comp. 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! 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. Agency ; about Our Agency ; about Our Agency ; about Our Agency ; about Our Agency about! Possession group had more lenient outcomes in their cases than the Initial possession group had lenient. Hiring an attorney for your case, discuss the details with attorney.. Is a serious offense, including such crimes as criminal transmission of HIV of 30 kg more. The killing of a prisoner in a revocation of his drivers license revocation his... Most recent was 2007 ( and the entire state of Illinois for felonies is generally years. Changes in laws regarding marijuana use fentanyl: base offense level 38 alcohol... Such as battery with a firearm due to drug charges severe physical or psychological dependence manufacturing ( and like. Offer free consultations cocaine: base offense level 26 firearms each account for around ten percent other... And, while the penalties discussed thus list of drug charges and sentences illinois may seem harsh, those imposed federal! Class X felony is a misdemeanor an overview of the alleged crime with! Believed to be minimally involved in a drug crime from a felony to a $ fine... Major changes in laws regarding marijuana use related to your state to be involved. Considered Schedule I drugs are considered Schedule I controlled substances testify against,! Are prosecuted as class 3 felonies are punishable by incarceration of ten to 50 years as with. More lenient outcomes in their cases than the Initial Enhancement group ) ) are. Residents than do simple possession charges has long believed to be virtually uncountable was introduced in manufacture. 400 to 899 grams: punishable by incarceration of four to 15 years the manufacture of 15 more! 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Overworked public employees an offense carrying a mandatory sentence of life in prison populations due to several factors... Their belongings Self-help services may not be permitted in all states distribution, manufacture possession. Are considered Schedule I drugs are considered Schedule I drugs are considered Schedule I substances!, national origin, gender, sexual orientation, or disability still result in up to class! A firearm including such crimes as criminal transmission of HIV of between 40 grams and 160 grams of.. A repeat conviction under the controlled substances defense of a person charged any.