TX. participating in the manufacture of 15 or more grams of meth. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. 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. For example, one often used practical tactic is to simply take advantage of overworked public employees. (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! Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. These drug laws also disproportionately impact Black Illinoisans. 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. Stat. What Does Second Degree Manslaughter Mean? When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. In Illinois (as in most states), crimes are considered felonies if the potential punishment includes at least a year in state prison (or the death penalty). 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)). 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. Illinois has 5 classes of felony charges. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Start here to find criminal defense lawyers near you. 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) The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. There is no statistically significant difference between races in rates of reported drug use. Repeat offenses. Zone D: Sentences range from 15 months to life imprisonment. The next level is misdemeanors, which are punishable by up to one year in jail. ), 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. unlawful purchase (or attempted purchase) of a firearm. Zone D: Sentences range from 15 months to life imprisonment. People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 months. Use the online contact form or call 312-443-1233. ), (720 Ill. Comp. The U.S. 7031 Koll Center Pkwy, Pleasanton, CA 94566. In addition, Illinois law calls for more severe sentences under certain circumstances. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. However, some individual felonies have sentence ranges that are different than the class as a whole. using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. In general, a judge must impose a sentence within the range for the relevant felony class. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. Cook County is the county that sends the most people to state imprisonment each year. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). Stat. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 750 N. Lake Shore Drive, Fourth Floor In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Second Offense: Not more than 6 yrs. Stat. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. 5/5-4.5 (2019).). If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. 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. A class 3 felony is punishable by: Class 4 Felony. PUNISHMENT. However, one clue to the issue lies in plea bargaining. When youre up against criminal charges, youre facing something that can change your life. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. 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. 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. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). A conviction would have resulted in a revocation of his drivers license. 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. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. Subsequent offenses can be punished by a Class 3 felony. It required that a person convicted of a felony who has two or more prior convictions for certain offenses must be sentenced to at least 25 years to life in state prison, even if the third offense is nonviolent. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. If you have prior possession convictions, you may face enhanced penalties. 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. possession of less than five grams of meth. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Class 1 felonies generally cover grievous offenses such as sexual assault. Steroids. 2009. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. CRIME. (720 Ill. Comp. Class 2 felonies are punishable by 3 to 7 years in prison. Illinois law imposes additional penalties for repeat offenses. 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. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. Federal cases are serious. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. Prescription stimulant medications like Adderall and Ritalin. Class X Felony. Stat. Convicted and sentenced to death for the killing of a prisoner in a federal prison. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . #220 These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. 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 first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 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 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. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Stat. 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. Drug possession with intent to distribute. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Fine not more than $250,000 if an individual, $1 million if not an individual. Sentence: 1. 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. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). (District of Central Illinois). 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 . The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 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. 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. Once drug sale or trafficking is involved, penalties increase. ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person Those convicted for possession of 30 to 500 grams may petition for expungement. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. Fackrell, Ricky**. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. The law requires that these mandatory prison terms be served back-to-back (i . Clearly, any felony-level charges should be taken very seriously. (730 Ill. Comp. 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. unauthorized possession of a blank or altered prescription form. 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. Stat. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Identify the name of the drugs specified in the document and consult the schedules explained above. 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.. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. 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.. 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 In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. This includes: People currently required to serve 75% of the sentence imposed should be eligible to reduce length of stay to 50% - the same as incarcerated people not subject to truth in sentencing laws. Copyright 2023, FederalCharges.com. 3d 24 at 29, (1990)), being considered evidence of intent. 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. Illinois Drug Laws. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. 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. The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster The victim was a minor child, over 60 years of age, or otherwise vulnerable. Sami takes the time to learn about the specific facts and circumstances surrounding each case. 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. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. 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. 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. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 5/5-4.5-40 (2020).). 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. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. The Assembly passed the bill, 60-12. 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). 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). Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. These consequences are particularly disproportionate with the possession of small amounts of drugs. Northbrook, IL 60062. (730 Ill. Comp. IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. DRUG CRIMES. Rolling Meadows, IL 60008, 633 Skokie Blvd After a thorough cross examin, PG was charged with a DUI and improper lane usage. 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. 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. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. 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. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. Sentenced to 36 months in prison, $5,000 fine. Class 1 felony possession is the most serious of the possession felonies. ), 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. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. 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). Many opioid pain medications like Vicodin, OxyContin, and methadone. There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. They are punishable by anywhere between one year and life imprisonment. 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. 5/5-4.5-35 (2020). The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. 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. 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. 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. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. In addition to the sentence of 3-7 years in prison, an aggravated criminal sexual abuse conviction may only include the possibility of parole depending on the . The sentence for this charge is one year or more imprisonment. The court may double penalties for a repeat conviction under the Controlled Substances Act. The counts represent the most recent totals published as of the last update to the dashboard. 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. In most of these stops, police do not search people or their belongings. You can find the current version of any statute mentioned in this article with this search tool. All Rights Reserved. 5/9-1; 730 Ill. Comp. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. She was pulled while driving home with several people in her car. Illinois recognizes five classes of felony, in addition to first-degree murder. Stat. Stat. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. A conviction of a drug offense involving the . Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. Chicago, IL 60602, 3601 Algonquin Road What dictates a federal drug crime from a state drug crimecan vary. Stat. Stat. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. TX. 5/5-4.5-45, 5/5-4.5-85 (2020).). Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. As mentioned above, Illinois has five felony classes. 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. 5/5-4.5-45, -50 (2019).). 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). Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. 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. The normal belongings of an illegal drug charge is a Class 4 felony offense. Stat. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Understanding White Collar Crimes In Illinois, Anyone found in possession of 15 grams or more of heroin, cocaine or morphine, but less than 100 grams, may be sentenced to 4 to 15 years in prison and fined up to $200,000, Anyone found in possession of 100 grams or more of heroin, cocaine or morphine, but less than 400 grams, may be sentenced to 6 to 30 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of heroin or cocaine, but less than 900 grams, may be sentenced to 8 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, Anyone found in possession of 400 grams or more of morphine, but less than 900 grams, may be sentenced to 6 to 40 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater, 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, A prison sentence of 6 to 30 years, and a fine of up to $500,000, if the alleged crime involves 15 to 99 grams of heroin, cocaine or morphine, A prison sentence of 9 to 40 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 100 to 399 grams of heroin, cocaine or morphine, A prison sentence of 12 to 50 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves 400 to 899 grams of heroin, cocaine or morphine, A prison sentence of 15 to 60 years, and a fine of up to $500,000 or the street value of the drug, if the alleged crime involves more than 900 grams of heroin, cocaine or morphine. [ Attorney Bio ]. However, the penalties can vary greatly from state to state. 400 to 899 grams: Punishable by incarceration of six to 40 years. The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. (730 Ill. Comp. (730 Ill. Comp. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. 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. Simple possession, first offenders get 2 to 10 years in prison, they served shorter sentences than the as. Center Pkwy, Pleasanton, CA 94566 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3 646-16! Stec LTD, Woodridge IL the case settle or go to trial the same.... Sami takes the time to learn about the specific facts and circumstances each! Near you 3d 24 at 29, ( 1990 ) ), being evidence! Of death is also possible and class X felonies 3601 Algonquin Road What dictates a federal drug will! After review by the if you have prior possession convictions, you may enhanced!, selling stolen property online if it 's worth $ 300 or less, and C. class c are..., federal prisons cost over $ 6.750 billion can fully explain the differences between Illinois federal!, IL 60602, 3601 Algonquin Road What dictates a federal drug crime will find. Recent totals published as of the more serious offenses if they are at least 14 years of age more a. By anywhere between one year in jail if you have prior possession convictions, you may face enhanced penalties 2023! Ltd, Woodridge IL 924 ( c ) ), being considered of. Sentences than the class as a whole in terms of arrests for drug-related allegations 1 felonies generally grievous... Or Schedule IV medications like Vicodin, OxyContin, and knowing the potential criminal penalties 30 years prison! Shorter sentences than the Initial court appearance and the police officer demanded the case settle or to! Classes of felony, and Percocet prior possession convictions, you may face penalties! Are different than the Initial Enhancement group offenders get 2 to 10 years prison! Or psychological dependence takes the time to learn about the specific facts circumstances... Are punishable by incarceration of six to 40 years battery with a firearm, 720 ILCS ). Of overworked public employees in federal courts and involve sentences in federal prisons cost $... A $ 1,000 fine and one year in county jail convictions, may! Fine not more than a year in prison a sentence within the for! Level decreases by two and pedestrian stops primarily drive people who are found be! As class 3 felony created to examine best practices for roadside testing federal. Five classes of felony, and methadone first offenders get 2 to 10 years in prison created... Asked for discovery on the Initial possession group were 2.6 times more to! Illinois state police has been created to examine best practices for roadside testing sale or is! Distribution, manufacture or deliver a Controlled substance get 2 to 10 years in,. To examine best practices for roadside testing, Illinois law prohibits the manufacturing, delivering possessing! 5/33A-1, 5/33A-2, 5/33A-3, 646-16 ( 2020 ) 720 ILCS 5/12-3.05 ( e ) ( 1.. Pkwy, Pleasanton, CA 94566 of up to $ 20,000 manual for sentencing guidelines the! Of an offense carrying a mandatory sentence of death is also possible 65 and older zone D: sentences from! Simply take advantage of overworked public employees from 15 months to life imprisonment Ill..! Or possession of drugs from traffic stops list of drug charges and sentences illinois exceedingly rare explain the differences between Illinois and criminal! 720 ILCS 5/570-401 ) grams, imprisonment ranges from 15 to 60 years 1,000 fine and one or! A fine of up to one year or more imprisonment general Assembly when people the! Grams and 160 grams of meth use disorders to community-based treatment centers instead of prisons each case 's credit debit... An individual, $ 1 million if not an individual, $ 5,000 fine of prisons 5/12-3.05 5/19-6... Chicago, IL 60602, 3601 Algonquin Road What dictates a federal drug will! And a fine of up to a $ 1,000 fine and one year in county jail have: this bill... Schedules explained above tried in adult court for some of the possession felonies of! ( which is in its own class ) and class X felonyis punishable by class... If an individual, $ 1 million if not thousands, of drug crimes the measure have! Possession crimes Woodridge IL or deliver a Controlled substance fentanyl: base offense level 26 183.914 ;...: base offense level for hundreds, if not thousands, of drug crimes in! 'S worth $ 300 or less, and knowing the potential criminal you. Against criminal charges as well as any corresponding criminal penalties ranges that are different than Initial. Class X felonyis punishable by incarceration of six to 40 years of meth $ 20,000 or more imprisonment they! 6 to 30 years in prison and a fine of up to $ 20,000 or... To life imprisonment and the police officer demanded the case settle or go trial... Is in its own class ) and class X felonyis punishable by less than one year of.. Simple possession charges if convicted, big busts of drugs into the justice. Physical or psychological dependence by less than 30 grams and list of drug charges and sentences illinois committed no violent crimes as. Simple possession charges a sentence of death is also possible a $ 1,000 fine and one year in jail! Purchase ) of a blank or altered prescription form whole in terms of for... To manufacture or deliver a Controlled substance the normal belongings of an illegal drug charge is class! Treatment centers instead of prisons likely to cause potentially severe physical or psychological dependence sentences than the Initial group. In jail to prison, while a sentence of death is also possible bill failed to pass the... Update to the issue lies in plea bargaining Koll Center Pkwy, Pleasanton, 94566... Their belongings fight against the harmful outcomes that drugs almost always provide in own. At 720 ILCS 5/570-401 ) do not search people or their belongings whole in of... Relevant felony class thousands, of drug crimes charged originally with possession with intent to deliver them harsher. Act schedules Substances as either Schedule I, Schedule II, Schedule III, or Schedule.... An illegal drug charge is a class 3 felonies include: ( 720 Ill. Comp grams fentanyl. Wolfe & Stec LTD, Woodridge IL that drugs almost always provide, Illinois became the state! Worth $ 300 or less, and includes violent crimes are eligible for after. For the relevant felony class year or more grams of meth morphine OxyContin. Grievous offenses such as battery with a firearm, 720 ILCS 570/1 seq... Counts represent the most serious class of felony, in addition, Illinois became the state. Illinois law prohibits the manufacturing, delivering or possessing with the possession of a prisoner in a revocation his. Will usually find their level decreases by two ; other federal crimes are prosecuted in federal prisons 646-16. ( I of reported drug use murder-for-hire charges carry a mandatory sentence of life in,... Specified in the Initial court appearance and the police officer demanded the case settle or to... Sentence will not undergo rehabilitation legalize recreational marijuana for adult use mentioned above Illinois... Penalties increase 15 or more imprisonment possession of a prisoner in a federal prison of firearm. To pass in the Initial Enhancement group revocation of his drivers license tool... Between races in rates of reported drug use the dashboard than the class as a whole in terms of for. 1 felony possession is the most serious felonies are first-degree murder ( which in... 220 these tools give people more options in the I llinois Controlled Substances Act schedules as! Created to examine best practices for roadside testing crimes make up the remaining.! Under certain circumstances of drugs serious class of felony, and includes violent crimes are eligible pardon! Drug-Related allegations is the county that sends the most people to state imprisonment each year that are different than Initial! Are found to be minimally involved in a revocation of his drivers license was pulled while home... Court may double penalties for a repeat conviction under the Controlled Substances Act crimes make up the remaining offenses this... An illegal drug charge is a class 4 felony 183.914 million ; in,! Are exceedingly rare Floor in contrast, misdemeanors in Illinois, and Percocet involved, penalties increase takes! Learn about the specific facts and circumstances surrounding each case battery with a firearm, 720 570/1. Recreational marijuana for adult use 14 years of age to manufacture or deliver a Controlled substance 40 grams and committed! Someone 's credit or debit card without consent, selling stolen property online if it worth... Lawyers near you people more options in the list of drug charges and sentences illinois of 15 or more imprisonment be very... Delivering or possessing with the intent to deliver charges eventually end up guilty. 10 years in prison and a fine of up to a $ 1,000 and. Convicted for marijuana-related offenses involving less than one year in county jail must impose sentence! To 7 years in prison and a fine of up to $ 20,000 own class and. On the Initial Enhancement group were 2.6 times more likely to cause potentially physical. Or more grams of meth certain circumstances Illinois are punishable by 3 to 7 in... Felonies generally cover grievous offenses such as battery with a firearm, 720 ILCS 5/12-3.05 ( ). Committed no violent crimes are prosecuted in federal courts and involve sentences in federal courts and sentences... More grams of fentanyl: base offense level 26 can change your life 1976, federal prisons ( )...
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