In most of these stops, police do not search people or their belongings. You can find more information in our article on Marijuana Laws in Illinois. Rolling Meadows, IL 60008, 633 Skokie Blvd Stat. Class X Felony. A Class 4 felony is usually punishable by: Crimes that are designated as felonies but aren't given a classification are considered Class 4 felonies. Finally, the most serious category of offenses is felonies. 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 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. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. 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. Learn more about our recent case results. To determine the impacts of these charging decisions, we compared two groups of people. The counts represent the most recent totals published as of the last update to the dashboard. About 43% of delivery/possession with intent charges in Cook County eventually plead to a possession charge. (730 Ill. Comp. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. A felony conviction can have serious, long-term consequences. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. 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 Illinois has 5 classes of felony charges. Possession of 50 - less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. Each of the five types of felony charges in Illinois has its own penalties. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. 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. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. (730 Ill. Comp. Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. Chicago Appleseed Center for Fair Courts. 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. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. Then read below to learn about possible charges and sentences. The number of federal crimes has long believed to be virtually uncountable. Drug possession with intent to distribute. Sentences for Drug Charges In Texas. Zone B: Sentences range from 1 month to 15 months. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. Dupage County Lawyers People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. The two major differences between drug . 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. Zone B: Sentences range from 1 month to 15 months. 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. After a thorough cross examin, PG was charged with a DUI and improper lane usage. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 400 to 899 grams: Punishable by incarceration of six to 40 years. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 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. 5/2-7, 730 Ill. Comp. Illinois law imposes additional penalties for repeat offenses. Class 3 felonies are punishable by 2 to 5 years in prison. 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. About Us. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: 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. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. 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. 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. 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. (730 Ill. Comp. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Illinois Drug Laws. Illinois criminal justice reform groups say that reclassifying drug possession charges is a first step toward changing substance use from a criminal issue to a public health issue. Much of this complexity can be attributed to the simple fact that both Illinois and federal lawmakers have passed their own laws essentially creating two systems, each with its own penalties. Fortunately, there have been some major changes in laws regarding marijuana use. The attorney listings on this site are paid attorney advertising. The next level is misdemeanors, which are punishable by up to one year in jail. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. Unfortunately, Illinois has a history of having these bills fail to come into law. 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. 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. 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. 5/12-3.05, 5/16-1, 646/60 (2020).). This charge carried with it a sentencing range from 6-30 years in jail. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. The Assembly passed the bill, 60-12. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Marijuana may be consumed either at home or at certain approved establishments, but colleges, businesses, and landlords may refuse use on their properties. Be aware, however, that court opinions affect how these laws are interpreted and applied. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. Methamphetamine. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. 5/5-4.5-3, -50 (2019).). He is an absolute professional. 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. If you have prior possession convictions, you may face enhanced penalties. Cook County is the county that sends the most people to state imprisonment each year. 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. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? 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. In some states, the information on this website may be considered a lawyer referral service. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Stat. unlawful purchase (or attempted purchase) of a firearm. Copyright 2022, Azhari, LLC - All Rights Reserved. Chicago, IL 60602, 3601 Algonquin Road Petty offenses are minor violations punishable only by fines. Ownership of an illegal drug is a felony crime under Illinois law. Zone C: Sentences range from 10 months to 18 months. 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. (720 Ill. Comp. Despite having, CP was charged with driving under the influence of alcohol. 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