list of drug charges and sentences illinoislist of drug charges and sentences illinois

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. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Class 1 felonies generally cover grievous offenses such as sexual assault. In some states, the information on this website may be considered a lawyer referral service. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Class 1 felony possession is the most serious of the possession felonies. Stat. The Initial Possession group were initially charged with Class 4 simple possession, and eventually pleaded to that same charge. Illinois divides controlled substances into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. Drug courts provide offenders with an opportunity to receive treatment. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. Steroids. Drugs. 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 . using someone's credit or debit card without consent, selling stolen property online if it's worth $300 or less, and. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). 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. (720 Ill. Comp. 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. 5/2-7, 730 Ill. Comp. 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. There are 43 levels of offenses. 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. 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) If the amount of drugs is 900 grams, imprisonment ranges from 15 to 60 years. 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. 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.. 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. You can find more information in our article on Marijuana Laws in Illinois. The law requires that these mandatory prison terms be served back-to-back (i . Convicted and sentenced to death for the killing of a prisoner in a federal prison. Many forms of assault and battery are prosecuted as class 3 felonies. Stat. There is no statistically significant difference between races in rates of reported drug use. 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. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). 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. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (730 Ill. Comp. What Does Second Degree Manslaughter Mean? However, rough estimates predict that there are around3,000 federal crimes on the books. 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. Cook County is the county that sends the most people to state imprisonment each year. 200 to 599 objects: Punishable by incarceration of six to 30 years. The oldest conviction dated to 1992; the most recent was 2007. ), 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. 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. Cocaine is by all measures the most common controlled substance. These consequences are particularly disproportionate with the possession of small amounts of drugs. She was pulled while driving home with several people in her car. Stat. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. 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. (730 Ill. Comp. Although sentences of imprisonment for possession charges are becoming less common in Cook County (346 people were sent to prison for possession charges from Cook County in 2019, compared to 1,487 in 2012), imprisonment for drug possession charges, both before and after conviction, still costs Illinois taxpayers millions of dollars each year. Data Notes Sentences for Drug Charges In Texas. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. 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. Chicago, IL 60602, 3601 Algonquin Road Identify the name of the drugs specified in the document and consult the schedules explained above. Zone B: Sentences range from 1 month to 15 months. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. "There are 30 women serving life sentences in Kansas prisons. 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. 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. We are good listeners and provide honest answers to questions our clients have. 5/5-4.5-45, -50 (2019).). We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. 5/12-3.05 (2020). Illinois law enforcement agencies make millions of stops of cars and pedestrians each year. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. They have the highest potential to be abused and no legitimate medical use in the U.S. 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. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. 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. ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. 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. Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. 15 to 199 objects: Punishable by incarceration of four to 15 years. 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. Sami takes the time to learn about the specific facts and circumstances surrounding each case. [ Attorney Bio ]. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. However, some individual felonies have sentence ranges that are different than the class as a whole. If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. This article concerns the unlawful possession of controlled substances. 5/5-4.5-30 (2020). 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