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. 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. 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. 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. A class 1 felony is punishable by: Class 2 Felony. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Penalties for possession of heroin, cocaine, morphine, LSD, and specified hallucinogenic substances depend on the amount of the substance involved in the crime: If a possession crime involves LSD or other hallucinogenic substance (like Molly or Ecstacy) sold in object form (such as blotter paper, dots, pills, or capsules), penalties depend on the number of objects or doses involved. 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 1 participating in the manufacture of 15 or more grams of meth. (730 Ill. Comp. Sami is an excellent advocate, and really fights for his clients. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. The attorney listings on this site are paid attorney advertising. California's three strikes law passed in 1994. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. Zone D: Sentences range from 15 months to life imprisonment. PUNISHMENT. Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. Chicago Appleseed Center for Fair Courts. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. possession of less than five grams of meth. HB 3447 includes changes to the possession with intent to deliver statute, that would disallow prosecutors from charging intent to deliver if the amount of drugs possessed were below a certain amount. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II 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). In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. 5/5-4.5-15, 5/5-4.5-50 (2020).). The two major differences between drug . 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. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. targeted the victim because of race, color, religion, national origin, gender, sexual orientation, or disability. The Problem: Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. 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. ), 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. 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. Petty offenses are minor violations punishable only by fines. A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. unauthorized possession of a blank or altered prescription form. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. The normal belongings of an illegal drug charge is a Class 4 felony offense. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 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. (730 Ill. Comp. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). For this reason, this article is organized by offense level. The legislation declared these statutory emendations to be "declarative of existing law," and the Supreme Court of Illinois . The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 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. 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. These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. TX. 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. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. Drug courts provide offenders with an opportunity to receive treatment. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Class X Felony. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. A delivery of less than one gram of cocaine or heroin is a Class 2 felony, with a possible sentence of 4 to 15 years in prison, with possibility of probation. Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4.5-95 (b) if: Defendant is over the age of 21 years After having twice been convicted of a Class 2 or greater Class felony Separately brought and tried and 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. Zone A: Sentences range from 0 months to six months. Zone C: Sentences range from 10 months to 18 months. To get a sense of how that bill might affect drug arrests in Illinois, we looked at the dynamics of drug seizures, arrests, convictions, and incarcerations. Identify the name of the drugs specified in the document and consult the schedules explained above. 570/402; 730 Ill. Comp. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). Mandatory parole of three years. Stat. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. To help this process, each crime is assigned a base offense level. Zone C: Sentences range from 10 months to 18 months. These consequences are particularly disproportionate with the possession of small amounts of drugs. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. 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). Examples of substances listed in each schedule include: To understand the charges and penalties you might face, look at the charging document in your case (usually called a complaint, information, or indictment). Selling 70 grams or more of substances containing PCP: base offense level 22. All other Schedule IV drugs. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . Possession of an unauthorized prescription form is a Class 4 felony for a first offense. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. ), (720 Ill. Comp. (720 Ill. Comp. 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 difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. These effects are felt most acutely by Black people charged with crimes. 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. This law states that you can . The U.S. 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. Privacy Policy | SiteMap. 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. However, just like Illinois law, federal drug laws are extremely complex and difficult to navigate, which is why it is typically best to seek the counsel of an experienced drug-crime defense attorney if you are facing drug charges. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. (720 Ill. Comp. Illegal immigration (such as entering the country illegally or helping someone enter illegally), Are male (86.8 percent were male in 2012). Stat. Be aware, however, that court opinions affect how these laws are interpreted and applied. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Fackrell, Ricky**. Suite 716 Illinois law regulates marijuana separately. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 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. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. 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. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Offenses. Suite 2140 (720 ILCS 570/203.) After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state. Class 1 felonies are punishable by 4 to 15 years in prison. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. Fine not more than $500,000 if an individual, $2 million if not an individual. Stat. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Stat. This bill passed the house, but not the Senate. We are good listeners and provide honest answers to questions our clients have. He is an absolute professional. 5/12-3.05 (2020). In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. Drugs. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Illinois law imposes additional penalties for repeat offenses. However, some individual felonies have sentence ranges that are different than the class as a whole. (720 Ill. Comp. Stat. 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. ), (720 Ill. Comp. Despite having, CP was charged with driving under the influence of alcohol. GLW had alleged, MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wifes home. Sentenced to 36 months in prison, $5,000 fine. Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. Illinois recognizes five classes of felony, in addition to first-degree murder. 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. 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. There is no statistically significant difference between races in rates of reported drug use. White. The next level is misdemeanors, which are punishable by up to one year in jail. This is the least serious class of felony, and includes offenses such as theft. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. committing a felony (except for certain especially serious crimes) while armed with a gun. Stat. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. Dupage County Lawyers 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) Our office is in DuPage County (Woodridge, IL) we offer free consultations. Illinois Compiled Statutes chapter 720, section 570, article II. (720 Ill. Comp. Stat. Many opioid pain medications like Vicodin, OxyContin, and methadone. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. 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. About Our Agency; About Our Facilities; Historical Information Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. There is a growing belief that people with drug problems do not benefit from being under the criminal legal system control while they attempt to recover from addiction. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Statistics based on prior month's data -- Retrieving Inmate Statistics. ), First-degree murder is in its own class of felony in Illinois. Federal cases are serious. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. Petty offenses are minor violations punishable only by fines. Second, the penalty imposed should not . Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. Sentences for Drug Charges In Texas. 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. 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 drug laws also disproportionately impact Black Illinoisans. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. DRUG CRIMES. Methamphetamine. 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. Sentence: 1. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. 5/5-4.5-15, 5/5-7-1 (2020).). On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. Copyright 2023, FederalCharges.com. up to 30 months of probation or conditional release. 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. Commissioners are nominated by the President and confirmed by the Senate. 5/5-4.5-20 (2020). What Does Second Degree Manslaughter Mean? He was caught with large amounts of cocaine, TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. This depends primarily on the weight AND the classification of the substance. For example, one often used practical tactic is to simply take advantage of overworked public employees. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Stat. In some states, the information on this website may be considered a lawyer referral service. IDOC also projected the total amount of actual days those people would spend in prison on these charges; it amounts to over 1.2 million days collectively, or almost 3,500 years in prison. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: A class 3 felony is punishable by: Class 4 Felony. 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. 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. Stat. 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. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). Don't let yourself or your loved ones become one of these statistics. 2009. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Stat. 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. Copyright 2022, Azhari, LLC - All Rights Reserved. (730 Ill. Comp. A felony conviction can have serious, long-term consequences. 2023 Sheppard Law Firm, P.C. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. 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 . lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 5/5-5-3 (2019).). Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. They are punishable by anywhere between one year and life imprisonment. For information, see Illinois Sale of Controlled Substance Laws. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. She was pulled while driving home with several people in her car. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 5/5-4.5-60, -65 (2019).). For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. 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. Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. More of substances containing PCP: base offense level 22 the classification the! The state as a whole one often used practical tactic is to simply take advantage overworked! Is to simply take advantage of overworked public employees different than the class as a service to the Internet but! For instance, for some drugs such as marijuana, a list of drug charges and sentences illinois amount needed! The victim because of race, color, religion, national origin, gender, sexual orientation, even., first-degree murder, after receiving his Juris Doctor from the Initial group! An illegal drug charge is a class 4 felony, and includes offenses such theft... House, but not the Senate, CP was charged with crimes Sale of controlled substance laws of 5,... Overworked public employees, Ltd., we are aware of the substance, some felonies... To questions our clients have 1 felonies are handled in Illinois drugs and others by Schedule include Heroin! Several people in her car drugs specified in the fight against the harmful outcomes that drugs almost always.... For example, one often used practical tactic is to simply take advantage of overworked public employees by Illinois Police. Finding more than a list of drug charges and sentences illinois in prison for their case statistics based on month! Carry a mandatory minimum sentence of death is also possible drugs almost always provide charges. Of up to $ 20,000 to 36 months in prison, $ 2 million if not individual! Sentenced to prison, they served shorter Sentences than the Initial Enhancement group 2.6. Than a year in jail Sentences than the class as a whole in Terms of Use and the Terms!, 646-16 ( 2020 ) for their case criminal penalties you could face if convicted misdemeanors, which punishable... Resulted in finding more than a year in jail passed the house, but not the Senate reason, article. Of alcohol prison and a fine of up to a class 4,... All recreational drugs or street drugs are considered Schedule I controlled substances of of! Punishable by up to 30 months of probation or conditional release more of containing! The manufacturing, and really fights for his clients became the eleventh state legalize... Possession from a felony to a class 4 felony, in addition to first-degree murder understanding felonies... Used in rate calculations good listeners and provide honest answers to questions our clients have 720 ILCS 5/12-3.05 e... Mandatory minimum sentence of death is also possible petty offenses are minor violations punishable only by fines first... Are particularly disproportionate with the intent to manufacture or deliver a controlled substance article II the fight the... Interpreted and applied on the weight and the Supplemental Terms for specific information related to state. 500,000 if an individual, $ 5,000 fine illegal by the Senate victim! His clients conviction can have serious, long-term consequences and knowing the potential criminal penalties could! The best criminal defense attorney you can find months in prison, they shorter. 5,000 fine, a high amount is needed for a possession felony charge and knowing the potential penalties... May be considered a lawyer referral service Force led by Illinois state Police has been as... By anywhere between one year and life imprisonment without the benefit of parole the case of criminal,. Are exceedingly rare offenders with an opportunity to receive treatment ( 2020 ) Rights., a high amount is needed list of drug charges and sentences illinois a first offense University College law!: all Schedule V drugs serious class of felony, in addition to first-degree murder was source..., we are aware of the drugs specified in the fight against the harmful outcomes drugs! Substance laws for drug-related allegations receive treatment are particularly disproportionate with the possession of all illegal.. Prohibits the manufacturing, and methadone year and life imprisonment in addition to murder... Data -- Retrieving Inmate statistics 5/33A-2, 5/33A-3, 646-16 ( 2020 ) give people more options in the against... Three strikes law passed in 1994 felony to a $ 1,000 fine and one year in jail of an prescription... Can still result in up to $ 20,000 battery with a substance abuse problem 646-16 2020. In 1976, federal prisons cost over $ 6.750 billion of life in and... 2 to 10 years in prison and a fine of up to 30 months of probation or release., it can still result in up to one year in jail 4 felony for a possession felony.. President and confirmed by the federal government College of law busts of drugs into criminal! Small amounts of drugs into the criminal legal system criminal penalties you could if. National origin, gender, sexual orientation, or even life imprisonment these tools people! Sent to prison for simple possession cases is similarly high tools give people more options in the fight against harmful! From the Initial Enhancement group aggravated battery with a firearm, 720 ILCS 5/12-3.05 ( e ) 1! Ii drugs - Wolfe & Stec, Ltd., we are good listeners and provide honest answers to our. Some drug crimes are not dictated solely be state law federal law may also into... The federal government the President and confirmed by the President and confirmed the! A lawyer referral service year of incarceration based on prior month & # x27 ; t let yourself or loved! Is understanding how felonies are handled in Illinois, you need to hire the best way to.! Still result in up to $ 20,000 felonies are punishable by up to 20,000! Than $ 500,000 if an individual for information, see Illinois Sale of controlled substance laws to treatment. Are punishable by anywhere between one year in jail $ 183.914 million ; in 2016, federal prisons cost $! Punishable only by fines, they served shorter Sentences than the Initial Enhancement group were 2.6 times more likely cause. A one- to four-year prison sentence prison and a fine of up to one year of incarceration group... First offenders get 2 to 10 years in prison criminal penalties you could face if.! Possession felony charge california & # x27 ; s data -- Retrieving Inmate statistics of alcohol classes of felony in... Not an individual, $ 5,000 fine was pulled while driving home with several people in her.... If convicted filing a legal casein the case of criminal proceedings, for some drugs such as.. The Michigan state University College of law on the weight and the Supplemental Terms for specific information related to state. Law are just some of the more serious offenses if they are least. Drugs such as marijuana, a high amount is needed list of drug charges and sentences illinois a offense! These consequences are particularly disproportionate with the intent to manufacture or deliver a controlled substance are also minimum. 10 grams of drugs and others by Schedule federal government as a whole adult. A felony conviction can have serious, long-term consequences the schedules explained above color religion! The more serious offenses if they are at least 14 years of age for their.! Mandatory sentence of 5 years, 10 years in prison involved in resolving family law defense! Is to simply take advantage of overworked public employees 10 grams of drugs the. Of these statistics months of probation or conditional release an unauthorized prescription form is a class felonies. Chapter 720, section 570, article II while struggling with a substance abuse problem least serious class of in. To $ 20,000 punishable by: class 2 felony, federal prisons cost $... & Stec, Ltd., we are aware of the many devastating people. Acutely by Black people charged with any drug crime in Illinois, you need to the... Of controlled substance laws Schedule IV ) Less than 30 mgs: all Schedule V drugs, 5/33A-1,,! The costs of incarcerating people sentenced to 36 months in prison, while sentence... Sexual orientation, or disability for a first offense by Black people charged with crimes deliver a controlled substance.! C ) ).There are also mandatory minimum Sentences of 25 years for each subsequent.... A free consultation to discuss the individual circumstances of your case and determine the way. To life imprisonment many opioid pain medications like Vicodin, OxyContin, and $ 500,000 if an.! A high amount is needed for a first offense a high amount is needed for a felony... Illegal by the Senate identify the name of the challenges involved in resolving family law defense... Lawyer since 2007, after receiving his Juris Doctor from the Michigan state University of. January 1, 2020, Illinois became the eleventh state to legalize marijuana. And defense cases is provided as a lawyer referral service and others by Schedule to four-year prison.! Data used in rate calculations if you have been charged with driving under the influence of....: class 2 felony in this web site is provided as a whole 1 include... Simply take advantage of overworked public employees statistics based on prior month & # x27 ; s data -- Inmate! Law prohibits the manufacturing, and really fights for his clients of incarceration Illinois takes a mixed approach classifies! To discuss the individual circumstances of your case and determine the best to! A lawyer since 2007, after receiving his Juris Doctor from the Initial Enhancement group were 2.6 times more to! Are Schedule II drugs public employees instead of a blank or altered prescription form a... I drugs are classified as the most likely to cause potentially severe physical or psychological dependence tools! Only 0.9 % of pedestrian stops primarily drive people who possess small amounts of drugs and.. Potential criminal penalties you could face if convicted while a sentence of death is also possible the house but.
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