Sami takes the time to learn about the specific facts and circumstances surrounding each case. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. 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. 5/9-1; 730 Ill. Comp. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Petty offenses are minor violations punishable only by fines. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. 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. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. Petty offenses are minor violations punishable only by fines. (District of Central Illinois). Usually, the amounts of drugs that are found are small. 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. 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. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Illinois law imposes additional penalties for repeat offenses. Our team is committed to open communication and developing a strong relationship with each of our clients. 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. #220 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. The two major differences between drug . 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. There are 43 levels of offenses. 5. 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. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. 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. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. 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)). 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 ), (720 Ill. Comp. 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 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. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. In some states, the information on this website may be considered a lawyer referral service. Cook County is the county that sends the most people to state imprisonment each year. However, the penalties can vary greatly from state to state. Any amount . lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Visitors to Illinois are allowed half those amounts. (730 Ill. Comp. All Rights Reserved. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. These drug laws also disproportionately impact Black Illinoisans. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. 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. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. 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. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). 1 5/2-7, 730 Ill. Comp. 15 to 199 objects: Punishable by incarceration of four to 15 years. The law requires that these mandatory prison terms be served back-to-back (i . Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. ), First-degree murder is in its own class of felony in Illinois. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. Does it matter who files for divorce first? 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. Subsequent offenses can be punished by a Class 3 felony. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. Class 3 felonies are punishable by 2 to 5 years in prison. Drug possession with intent to distribute. 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. 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.. 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. 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. The sentence will be life in prison or death penalty when certain aggravating factors are present. Class 1 felony possessions are the most serious and receive the harshest penalties. unlawful purchase (or attempted purchase) of a firearm. Prescription stimulant medications like Adderall and Ritalin. 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 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. 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. Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4.5-95 (b) if: Defendant is over the age of 21 years After having twice been convicted of a Class 2 or greater Class felony Separately brought and tried and TX. 5/12-3.05 (2020). After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. The oldest conviction dated to 1992; the most recent was 2007. Stat. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? 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. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. Call our offices today at 630-305-0222. Offense: Maintaining drug involved premises; . Class 1 felonies are punishable by 4 to 15 years in prison. These consequences are particularly disproportionate with the possession of small amounts of drugs. 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. 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)). However, one clue to the issue lies in plea bargaining. Stat. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Zone A: Sentences range from 0 months to six months. 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. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). Commissioners are nominated by the President and confirmed by the Senate. However, the sentence can also be enhanced for "serious" crimes. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. If you are charged with a felony in Illinois, the best way to avoid a conviction is to speak with an experienced criminal defense lawyer who can help protect your rights and obtain the best possible outcome under the circumstances. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). 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). Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. Privacy Policy | SiteMap. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. Clearly, any felony-level charges should be taken very seriously. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). California's three strikes law passed in 1994. Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. 570/402; 730 Ill. Comp. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Stat. The . (730 Ill. Comp. You can find the current version of any statute mentioned in this article with this search tool. As mentioned above, Illinois has five felony classes. What Is the Average Jail Time for Drug Possession? 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 . However, rough estimates predict that there are around3,000 federal crimes on the books. 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. 30 N. LaSalle Street 5/5-4.5-35 (2020). Rolling Meadows, IL 60008, 633 Skokie Blvd 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. 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.. Those convicted for possession of 30 to 500 grams may petition for expungement. That turn simple battery into aggravated battery ( as discussed below ) in a higher level ( and placement a! In Southern Illinois rose list of drug charges and sentences illinois % ; in Central Illinois, they 21. 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