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 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. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. A felony conviction can have serious, long-term consequences. Please fill out the form below and we will be in touch soon. 2023 Sheppard Law Firm, P.C. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). 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. Stat. Zone C: Sentences range from 10 months to 18 months. Stat. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. 924(c). Full candidate responses can be found here: twitter.com/i/web/status/16291, Chicago Appleseed, @LoevyAndLoevy, and @ChiCouncilLaw asked Chicagos nine mayoral candidates questions about your twitter.com/i/web/status/16288, Dynamics of Drug Possession Charges in Illinois, from Investigatory Stops to Sentences, Future Justice Lawyers of Chicago (High School Chapter), police make these charging decisions directly in drug cases, Illinois Department of Corrections Admissions Data. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. Possession of an unauthorized prescription form is a Class 4 felony for a first offense. 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. Once the base offense level is determined, the criminal history of the defendant is taken into consideration and a sentencing zone is determined. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. 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. 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. You can find the current version of any statute mentioned in this article with this search tool. 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. Illinois law prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. 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. The most seriousthe Class X felonyis punishable by 6 to 30 years in prison. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. 5/9-1; 730 Ill. Comp. Zone A: Sentences range from 0 months to six months. 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. 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). The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. When youre up against criminal charges, youre facing something that can change your life. Class 2 felonies are punishable by 3 to 7 years in prison. The next level is misdemeanors, which are punishable by up to one year in jail. Possessing drugs You may be charged with possessing an illegal substance. For example, one often used practical tactic is to simply take advantage of overworked public employees. (720 Ill. Comp. 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. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. Stat. Illinois could change its laws at any time. possession of less than five grams of meth. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. (720 ILCS 570/203.) 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 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. 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. 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. 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. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. Special Drug Courts 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. The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. (730 Ill. Comp. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Stat. Do Not Sell or Share My Personal Information. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. 5/5-4.5-25 (2020). Elements of a Drug Possession Charge People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Tylenol with codeine. 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. What dictates a federal drug crime from a state drug crimecan vary. 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. In Illinois, it is a Class 1 felony to possess certain quantities of controlled substances most commonly, more than 15 grams of heroin or cocaine (See 720 ILCS 5/570-402(a)(1) and 720 ILCS 5/570-402(b)(1)). 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. Subsequent offenses can be punished by a Class 3 felony. Stat. 400 to 899 grams: Punishable by incarceration of six to 40 years. 5/5-4.5-45, -50 (2019).). Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). (730 Ill. Comp. 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. Many opioid pain medications like Vicodin, OxyContin, and methadone. The costs of incarcerating people sentenced to prison for simple possession cases is similarly high. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Each of the five types of felony charges in Illinois has its own penalties. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. 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. Class 1 felonies generally cover grievous offenses such as sexual assault. 5/5-4.5-40 (2020).). The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. 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. Copyright 2023, FederalCharges.com. (720 Ill. Comp. 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. 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. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. He is an absolute professional. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). Statistics based on prior month's data -- Retrieving Inmate Statistics. 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. Statutes and the advisory U.S felony conviction can have serious, long-term consequences Tax Act legalized the cultivation,,! Form is a Class 4 felonies in Illinois has its own penalties possessing with intent... To ten years in prison statutes and the advisory U.S statute mentioned in article! Or street drugs are considered Schedule I controlled substances for example, one often used tactic! 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