The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. "There are 30 women serving life sentences in Kansas prisons. 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. (730 Ill. Comp. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Stat. Fine not more than $500,000 if an individual, $2 million if not an individual. Class 1 felony possession is the most serious of the possession felonies. 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 . We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. Zone D: Sentences range from 15 months to life imprisonment. Sentences for Drug Charges In Texas. The normal belongings of an illegal drug charge is a Class 4 felony offense. Stat. 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. Sami takes the time to learn about the specific facts and circumstances surrounding each case. 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. 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. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. Many of these crimes involve drugs. 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). The defense of a person charged with possession of controlled substance is often difficult, but not impossible. 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. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in The attorney listings on this site are paid attorney advertising. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. However, the penalties can vary greatly from state to state. Then read below to learn about possible charges and sentences. Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. The court may double penalties for a repeat conviction under the Controlled Substances Act. Selling 250 milligrams or more of substances containing LSD: base offense level 18. (720 ILCS 570/203.) 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. Base offense levels can also be increased or decreased by prosecutors. 1 Stat. 1) Convicted of a controlled substance offense. 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. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Class 2 felonies are punishable by 3 to 7 years in prison. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. 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. About Our Agency; About Our Facilities; Historical Information However, some individual felonies have sentence ranges that are different than the class as a whole. Possession of illegal drugs in Illinois can mean jail or prison time, depending on the amount possessed, the type of drug, and a person's criminal record. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . (730 Ill. Comp. 5/5-4.5-10 (2020).). Stat. A felony conviction can have serious, long-term consequences. If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. ), (720 Ill. Comp. Special Drug Courts 5/5-4.5-15, 5/5-7-1 (2020).). The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Only the Attorney General of the United States has the authority to seek the death penalty. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. Use the online contact form or call 312-443-1233. 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). (District of Central Illinois). 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. 5/5-5-3 (2019).). This bill passed the house, but not the Senate. 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. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. (730 Ill. Comp. Sentencing Guidelines. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. Ketamine. 570/402; 730 Ill. Comp. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Identify the name of the drugs specified in the document and consult the schedules explained above. (720 Ill. Comp. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. She performed all field sobriety tests. Ebron, Joseph +. Fine not more than $250,000 if an individual, $1 million if not an individual. 400 to 899 grams: Punishable by incarceration of six to 40 years. About Us. CRIME. 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. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. The victim was a minor child, over 60 years of age, or otherwise vulnerable. For information, see Illinois Sale of Controlled Substance Laws. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. Any amount . It is not a matter of the judge's discretion in sentencing. 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. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. First Offense: Not more than 3 years. Stat. Call (888) 744-0069 Helpline Information In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. 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. 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. 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. 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. The oldest conviction dated to 1992; the most recent was 2007. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. 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 Unauthorized prescription. 570/402, 730 Ill. Comp. The Assembly passed the bill, 60-12. 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. (730 Ill. Comp. Learn more about our recent case results. Each of the five types of felony charges in Illinois has its own penalties. 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. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. Zone D: Sentences range from 15 months to life imprisonment. Many forms of assault and battery are prosecuted as class 3 felonies. Second Offense: Not more than 6 yrs. 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. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. Stat. All Rights Reserved. Tylenol with codeine. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. 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 crime of "trafficking", or more specifically, "drug trafficking," is defined as the criminal act of selling and/or distributing illegal drugs or controlled substances. What Is the Average Jail Time for Drug Possession? The amount and type of drug will depend on federal and state laws. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. The . committing a felony (except for certain especially serious crimes) while armed with a gun. She was pulled while driving home with several people in her car. (730 Ill. Comp. 5/2-7, 730 Ill. Comp. Does it matter who files for divorce first? 15 to 199 objects: Punishable by incarceration of four to 15 years. Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). 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. 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