Class 2 felonies are punishable by 3 to 7 years in prison. 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. 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%). Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. Stat. 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 next level is misdemeanors, which are punishable by up to one year in jail. Stat. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). Ketamine. Finally, the most serious category of offenses is felonies. 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. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. A class 2 felony is punishable by: Class 3 Felony. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. For example, one often used practical tactic is to simply take advantage of overworked public employees. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 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.. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). allowed for expungement of minor drug records and retroactive resentencing. A report from the National Drug Intelligence Center 14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. 1) Convicted of a controlled substance offense. Class 1 felonies are punishable by 4 to 15 years in prison. The normal belongings of an illegal drug charge is a Class 4 felony offense. In some states, the information on this website may be considered a lawyer referral service. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 15 to 199 objects: Punishable by incarceration of four to 15 years. The . Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. 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. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Stat. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. In addition, Illinois law calls for more severe sentences under certain circumstances. 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. She was pulled while driving home with several people in her car. Finally, the most serious category of offenses is felonies. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. The victim was a minor child, over 60 years of age, or otherwise vulnerable. Drug possession with intent to distribute. Many of these crimes involve drugs. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Zone B: Sentences range from 1 month to 15 months. Second, the penalty imposed should not . 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 Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The sentence for this charge is one year or more imprisonment. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. 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. (720 Ill. Comp. This suggests that the enforcement of drug laws is primarily affecting people who use drugs, and certainly not the kingpins that drug laws attempt to target. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. A felony conviction can have serious, long-term consequences. 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. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. (730 Ill. Comp. Stat. SS was at the NATO protest that took place in downtown Chicago. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Use the online contact form or call 312-443-1233. Stat. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. 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. 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. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. committing a felony (except for certain especially serious crimes) while armed with a gun. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). 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. 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. Stat. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. If you have prior possession convictions, you may face enhanced penalties. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. Stat. Methamphetamine. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. 2023 Sheppard Law Firm, P.C. Stat. Once drug sale or trafficking is involved, penalties increase. 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. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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)). Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. The number of federal crimes has long believed to be virtually uncountable. 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). The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. About Us. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. For this reason, this article is organized by offense level. 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. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 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)). Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. 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 Delivery/Possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do possession... Someone 's credit or debit card without consent, selling stolen property online if it 's worth 300. A first-time offender without a criminal defense attorney more severe sentences under certain circumstances in its Class. 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