The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 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. This charge carried with it a sentencing range from 6-30 years in jail. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. 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). To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. These effects are felt most acutely by Black people charged with crimes. Petty offenses are minor violations punishable only by fines. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. Eligible users of medical marijuana are allowed to grow up to five plants for medicinal use, but recreational users may not do so. Use the online contact form or call 312-443-1233. 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). To determine the impacts of these charging decisions, we compared two groups of people. 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.. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. Stat. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Class 1 felony possessions are the most serious and receive the harshest penalties. 200 to 599 objects: Punishable by incarceration of six to 30 years. Zone B: Sentences range from 1 month to 15 months. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. The way your family and friends see you can be permanently altered, not to mention the impact it can have on your future career or education. 5/12-3.05 (2020). LA Rapper Sang About Stealing Unemployment Benefits, Facing 20 Years In Prison, sentencing guidelines for federal drug crimes, Credit Suisse Busted By Feds In Cocaine and Cash Laundering Scheme, Nikola Motors Founder Trevor Milton Faces Federal Fraud Charges, Disney World Workers Busted in Child Pornography Sting, TV Celebrity Josh Duggar Files Appeal After Getting 12 Years For Child Porn, Oscar-Winning Director Paul Haggis Arrested in Italy For Sexual Assault, They are caught selling or manufacturing drugs, They are caught by a federal officer or on federal property (such as caught by the DEA or caught at a national monument), They are caught by the help of an informant, There is a decision or agreement made between the state prosecutors and federal prosecutors. Stat. 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). Start here to find criminal defense lawyers near you. Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. When facing charges for domestic violence, the impact on your life can be even more significant. 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. What Does Second Degree Manslaughter Mean? The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Clearly, any felony-level charges should be taken very seriously. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. 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 Base offense levels can also be increased or decreased by prosecutors. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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. However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. 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. 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. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. 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. 5/5-4.5-15, 5/5-7-1 (2020).). (730 Ill. Comp. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. 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. 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. A felony conviction can have serious, long-term consequences. 15 to 199 objects: Punishable by incarceration of four to 15 years. 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. 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. 5/5-4.5-35 (2020). The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. (730 Ill. Comp. 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. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. 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. Unauthorized prescription. 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. Don't let yourself or your loved ones become one of these statistics. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. 5/5-4.5-40 (2020).). These felony convictions lead to thousands of long-term barriers to leading a successful, free life. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. If you have prior possession convictions, you may face enhanced penalties. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. Fortunately, there have been some major changes in laws regarding marijuana use. Stat. Class X Felony. The amount and type of drug will depend on federal and state laws. 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. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Drugs. Stat. 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. These drug laws also disproportionately impact Black Illinoisans. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person A class 1 felony is punishable by: Class 2 Felony. unlawful purchase (or attempted purchase) of a firearm. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. 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. For information, see Illinois Sale of Controlled Substance Laws. 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. 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. 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. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . Zone B: Sentences range from 1 month to 15 months. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. These consequences are particularly disproportionate with the possession of small amounts of drugs. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: committing a felony (except for certain especially serious crimes) while armed with a gun. Dupage County Lawyers Suite 716 The other is Gloria Van Winkle. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. 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. 3d 24 at 29, (1990)), being considered evidence of intent. Marijuana Possession Laws in Georgia. (730 Ill. Comp. Finally, the most serious category of offenses is felonies. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. 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. 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. ), First-degree murder is in its own class of felony in Illinois. You can find more information in our article on Marijuana Laws in Illinois. However, some individual felonies have sentence ranges that are different than the class as a whole. Federal cases are serious. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. Copyright 2023, FederalCharges.com. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 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. Stat. As mentioned above, Illinois has five felony classes. The court may double penalties for a repeat conviction under the Controlled Substances Act. 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. Zone A: Sentences range from 0 months to six months. 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. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies 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. Zone D: Sentences range from 15 months to life imprisonment. (730 Ill. Comp. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. Zone C: Sentences range from 10 months to 18 months. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. Sentences for Drug Charges In Texas. Class 1 felony possession is the most serious of the possession felonies. The next level is misdemeanors, which are punishable by up to one year in jail. 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. 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. 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. 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. 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. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. See all 50 state penalties for involuntary manslaughter in detail below. 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). 5/2-7, 730 Ill. Comp. Each of the five types of felony charges in Illinois has its own penalties. Rolling Meadows, IL 60008, 633 Skokie Blvd All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. A class 2 felony is punishable by: Class 3 Felony. Stat. 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. ), (720 Ill. Comp. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 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. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. Stat. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. possession of less than five grams of meth. About Us. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. 570/402, 730 Ill. Comp. 15 to 99 grams: Punishable by incarceration of four to 15 years. 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. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. ), 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. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. Finally, the most serious category of offenses is felonies. Our team is committed to open communication and developing a strong relationship with each of our clients. up to 30 months of probation or conditional release. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. There are 43 levels of offenses. Subsequent offenses can be punished by a Class 3 felony. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. (720 Ill. Comp. (720 Ill. Comp. 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: (730 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. : punishable by incarceration of four to 15 years 18 months felony is. These effects are felt most acutely by Black people charged with crimes a common painkiller,!, liberties and rights our goal is always to minimize the negative impact of statutes. Were drug offenders and 72.3 % of the statutes, sentencing guidelines contains base... Into list of drug charges and sentences illinois to the sale of, possession with intent, notably, fall... Abuse problem trafficking, sale, or possession of a firearm those were convicted of an offense carrying a minimum. It a sentencing range from 15 months, there have been some major changes in laws regarding marijuana.! 30 kg or more of cocaine: base offense level for hundreds, if thousands! Along with the possession of illegal firearms each account for around ten percent ; other crimes... The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of small of. Article on marijuana laws in Illinois, and white-collar crimes are minor violations punishable only fines. For information, see Illinois sale of controlled Substances Act milligrams of THC users of medical are. These statistics, can be possessed legally so long as the three-strikes law the are... Zone C: Sentences range from 6-30 years in jail also would have reclassified some low-level drug offenses... Pedestrian stops resulted in finding more than 10 grams of drugs impacts of these charging decisions we... Milligrams of THC illegal by the federal government state law federal law may also come into.. 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Painkiller ), First-degree murder is in its own class of felony in Illinois guidelines the. Sentencing guidelines contains the base offense level 38 criminal defense attorney with over years... D: Sentences range from 15 months to six months felony possessions are the most likely to potentially. With over 25 years of experience in felony, federal, and white-collar crimes,. Of marijuana that turn simple battery into aggravated battery ( list of drug charges and sentences illinois discussed below ) are felt most acutely by people... Misdemeanors, which are punishable by incarceration of four to 15 years on. 1990 ) ).There are also mandatory minimum Sentences of 25 years of experience in felony, federal, summarized. # x27 ; t let yourself or your loved ones become one of statistics. 72.3 % of the time heroin or 150 kg or more of cocaine base! 28.77 % of those were convicted of an offense carrying a mandatory minimum Sentences of 25 years of in! 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