A class X felony is punishable by: Class 1 Felony. Those mandated by law to serve at least 85% of their sentences should be eligible to reduce the time served to around 72% of the sentence. These consequences are particularly disproportionate with the possession of small amounts of drugs. In addition, Illinois law calls for more severe sentences under certain circumstances. Sentencing Guidelines. (730 Ill. Comp. [ Attorney Bio ]. Illinois recognizes five classes of felony, in addition to first-degree murder. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 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 Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. possession of less than five grams of meth. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. 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. Rolling Meadows, IL 60008, 633 Skokie Blvd It then places criminals in the following sentencing zones: There are 43 levels of offenses. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Chicago Appleseed Center for Fair Courts. Get Involved&Donate. Ebron, Joseph +. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. 5/9-1; 730 Ill. Comp. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. (730 Ill. Comp. The other is Gloria Van Winkle. 5/5-4.5-45, -50 (2019).). 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. The oldest conviction dated to 1992; the most recent was 2007. 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. Copyright 2022, Azhari, LLC - All Rights Reserved. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. A class 3 felony is punishable by: Class 4 Felony. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. 2009. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. Stat. Illinois law groups felonies into different classes for purposes of sentencing. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Cocaine is by all measures the most common controlled substance. 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. Petty offenses are minor violations punishable only by fines. Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. 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. Mandatory minimum sentences. This article concerns the unlawful possession of controlled substances. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. 5/5-4.5 (2019).). Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Commissioners are nominated by the President and confirmed by the Senate. participating in the manufacture of 15 or more grams of meth. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. 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. Class 1 felonies are punishable by 4 to 15 years in prison. Call (888) 744-0069 Helpline Information Stat. Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Stat. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Methamphetamine. The . SS was at the NATO protest that took place in downtown Chicago. (720 Ill. Comp. Marijuana Possession Laws in Georgia. (720 Ill. Comp. DRUG CRIMES. 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)). If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. Offenses. For information, see Illinois Sale of Controlled Substance Laws. Repeat offenses. Drug possession crimes can be of any class other than Class X. 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. ), 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 They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. Drug courts provide offenders with an opportunity to receive treatment. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. 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. 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. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. 1) Convicted of a controlled substance offense. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 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. 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 . Stat. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. California's three strikes law passed in 1994. 7031 Koll Center Pkwy, Pleasanton, CA 94566. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Suite 716 All other Schedule IV drugs. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). 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. Many of these crimes involve drugs. Sami takes the time to learn about the specific facts and circumstances surrounding each case. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. The attorney listings on this site are paid attorney advertising. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. 570/402; 730 Ill. Comp. In a separate case, found guilty of possession of drugs, a third-degree . 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. 750 N. Lake Shore Drive, Fourth Floor It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. As mentioned above, Illinois has five felony classes. Dupage County Lawyers The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. 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 some states, the information on this website may be considered a lawyer referral service. However, some individual felonies have sentence ranges that are different than the class as a whole. Class 1 felonies generally cover grievous offenses such as sexual assault. However, the penalties can vary greatly from state to state. Start here to find criminal defense lawyers near you. 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. 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: Illinois has 5 classes of felony charges. What dictates a federal drug crime from a state drug crimecan vary. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. DUIs and hit-and-run accidents are two separate crimes in Illinois. Once drug sale or trafficking is involved, penalties increase. 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. We are good listeners and provide honest answers to questions our clients have. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). 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. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. Northbrook, IL 60062. Class 2 felonies are punishable by 3 to 7 years in prison. 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. Fine not more than $500,000 if an individual, $2 million if not an individual. However, rough estimates predict that there are around3,000 federal crimes on the books. Stat. TX. 570/402; 730 Ill. Comp. Be aware, however, that court opinions affect how these laws are interpreted and applied. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. Selling 250 milligrams or more of substances containing LSD: base offense level 18. The U.S. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. 900 grams or more - imprisonment for 15-60 years. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime.
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