list of drug charges and sentences illinois

Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Petty offenses are minor violations punishable only by fines. Zone D: Sentences range from 15 months to life imprisonment. The possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. All Rights Reserved. 5/12-3.05, 5/16-1, 646/60 (2020).). They have the highest potential to be abused and no legitimate medical use in the U.S. 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. (720 Ill. Comp. 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. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. The victim was a minor child, over 60 years of age, or otherwise vulnerable. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. 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. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 5/5-4.5-10 (2020).). First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. 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. What Is the Average Jail Time for Drug Possession? If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. Elements of a Drug Possession Charge 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. 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). 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). A class 3 felony is punishable by: Class 4 Felony. Zone A: Sentences range from 0 months to six months. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. 5/12-3.05 (2020). 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. 5/5-4.5-30 (2020). You can find more information in our article on Marijuana Laws in Illinois. Each of the five types of felony charges in Illinois has its own penalties. Stat. Usually, the amounts of drugs that are found are small. Special Drug Courts 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. ), 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. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). This depends primarily on the weight AND the classification of the substance. 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. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. Black. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. 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)). 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. 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. 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. The Assembly passed the bill, 60-12. 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. Drugs. Commissioners are nominated by the President and confirmed by the Senate. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Statistics based on prior month's data -- Retrieving Inmate Statistics. 900 or more grams: Punishable by incarceration of ten to 50 years. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). 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! This is the most serious class of felony, and includes violent crimes such as battery with a firearm. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. As a result, in recent years (including 2021), bills have been introduced in the legislature to decriminalize low-level drug possession and to have courts retroactively reduce sentences or designate prior convictions as misdemeanors. A class 2 felony is punishable by: Class 3 Felony. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. (730 Ill. Comp. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. Stat. 570/402; 730 Ill. Comp. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. The U.S. 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. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. Fackrell, Ricky**. In most of these stops, police do not search people or their belongings. The crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. Then read below to learn about possible charges and sentences. Stat. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. There is no statistically significant difference between races in rates of reported drug use. Only the Attorney General of the United States has the authority to seek the death penalty. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). The statutes related to particular crimes will specify the class of felony to which that crime belongs. Ebron, Joseph +. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. ), (720 Ill. Comp. Stat. They said. Along with the charges shown above, Illinois has a Habitual Criminal Statute, otherwise known as the three-strikes law. This bill passed the house, but not the Senate. 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 . Therefore, it is important to understand the different punishment ranges for the different degrees of offense: 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. 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. Stat. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 5/5-5-3 (2019).). (720 Ill. Comp. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. 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. 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. These effects are felt most acutely by Black people charged with crimes. The sentence for this charge is one year or more imprisonment. 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). Unauthorized prescription. Zone B: Sentences range from 1 month to 15 months. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence.
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