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. 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). Those convicted for possession of 30 to 500 grams may petition for expungement. Statistics based on prior month's data -- Retrieving Inmate Statistics. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 5/5-4.5-40 (2020).). 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). 5/5-5-3 (2019).). Some states primarily classify drug crimes according to drug schedules. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 5/12-3.05, 5/16-1, 646/60 (2020).). (720 Ill. Comp. 1500 or more objects: Punishable by incarceration of ten to 50 years. Do Not Sell or Share My Personal Information. Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. When facing charges for domestic violence, the impact on your life can be even more significant. Board of Bar Overseers Number #552110. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). For this reason, this article is organized by offense level. 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. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. 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. (720 ILCS 570/203.) These drug laws also disproportionately impact Black Illinoisans. 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. Convicted and sentenced to death for the killing of a prisoner in a federal prison. Sentenced to 36 months in prison, $5,000 fine. ), 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. 900 grams or more - imprisonment for 15-60 years. 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. It is not a matter of the judge's discretion in sentencing. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Mandatory parole of three years. 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. For information, see Illinois Sale of Controlled Substance Laws. 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. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. 5/5-4.5 (2019).). SS was at the NATO protest that took place in downtown Chicago. Commissioners are nominated by the President and confirmed by the Senate. 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: Stat. Finally, the most serious category of offenses is felonies. [ Attorney Bio ]. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). (730 Ill. Comp. Drug possession with intent to distribute. The attorney listings on this site are paid attorney advertising. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. 200 to 599 objects: Punishable by incarceration of six to 30 years. 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. 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). 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. Suite 716 (730 Ill. Comp. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. All other Schedule IV drugs. 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. CRIME. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Dupage County Lawyers
Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. 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. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Drug courts provide offenders with an opportunity to receive treatment. Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. 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. Possessing drugs You may be charged with possessing an illegal substance. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. 2023 Sheppard Law Firm, P.C. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. 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. 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. 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 U.S. 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 DUIs and hit-and-run accidents are two separate crimes in Illinois. Get Involved&Donate. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. Petty offenses are minor violations punishable only by fines. Class 1 felony possessions are the most serious and receive the harshest penalties. The Federal Substance Abuse and Mental Health Services Administrations (SAMHSA) 2012 National Survey on Drug Use and Health, which published the most recent data available, found that 3.4% of White people and 2.9% of Black people reported selling drugs in the past year (its important to note that this study likely undercounts drug use and selling rates, since it is a government sponsored survey and respondents may have under-reported because of stigma and fear of prosecution). Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and 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. Call (888) 744-0069 Helpline Information Offenses. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. 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