This charge carried with it a sentencing range from 6-30 years in jail. Twenty-nine of them are convicted murderers or kidnappers. 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. DRUG CRIMES. If convicted of a Texas drug crime, punishment ranges from Class B misdemeanor all the up to First Degree Felony. 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. For this reason, this article is organized by offense level. Ketamine. This is the least serious class of felony, and includes offenses such as theft. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. 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. 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. 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. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. 5/5-4.5-35 (2020).) This is true whether it is powder cocaine or hard, rock cocaine (also called crack). The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. 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. 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. A felony conviction can have serious, long-term consequences. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. Illinois law groups felonies into different classes for purposes of sentencing. Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! Use the online contact form or call 312-443-1233. 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. Ownership of an illegal drug is a felony crime under Illinois law. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. Second Offense: Not more than 6 yrs. 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. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. 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. Stat. committing a felony (except for certain especially serious crimes) while armed with a gun. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). What Is the Average Jail Time for Drug Possession? Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. 570/406.2, -408; 730 Ill. Comp. 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 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. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. Stat. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. 570/402, 730 Ill. Comp. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. Tylenol with codeine. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. 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). April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. Misdemeanors are divided into three classes: Class A, B, and C. Class C misdemeanors are the least serious drug possession crimes. The Assembly passed the bill, 60-12. 5/5-4.5-25 (2020). 5/5-4.5-15, 5/5-4.5-50 (2020).). (730 Ill. Comp. 2009. 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. Stat. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. TX. Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. Zone D: Sentences range from 15 months to life imprisonment. SS was at the NATO protest that took place in downtown Chicago. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Possessing drugs You may be charged with possessing an illegal substance. 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. 924(c). 5/5-4.5-40 (2020).). Our team is committed to open communication and developing a strong relationship with each of our clients. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. 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. 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. #220 Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (720 Ill. Comp. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. Fine not more than $500,000 if an individual, $2 million if not an individual. 5/2-7, 730 Ill. Comp. Call (888) 744-0069 Helpline Information The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. A class 2 felony is punishable by: Class 3 Felony. 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. Only the Attorney General of the United States has the authority to seek the death penalty. For the sake of brevity, we will refer to charges for manufacture or, delivery, or possession with intent to deliver a controlled substance under 725 ILCS 570/401 as delivery/possession with intent.. Commissioners are nominated by the President and confirmed by the Senate. 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)). 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 . Steroids. 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. If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). Board of Bar Overseers Number #552110. Please fill out the form below and we will be in touch soon. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%. The oldest conviction dated to 1992; the most recent was 2007. 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. In a separate case, found guilty of possession of drugs, a third-degree . People who are found to be minimally involved in a drug crime will usually find their level decreases by two. A conviction would have resulted in a revocation of his drivers license. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. There is no statistically significant difference between races in rates of reported drug use. Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . This bill passed the house, but not the Senate. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Any amount . 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. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Methamphetamine. 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.. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. She performed all field sobriety tests. Stat. 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) However, one clue to the issue lies in plea bargaining. However, the penalties can vary greatly from state to state. 5/12-3.05, 5/16-1, 646/60 (2020).). In most of these stops, police do not search people or their belongings. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. After reviewing the evidence, Sami took the case to trial and thoroughly cross examine, CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. Special Drug Courts 1500 or more objects: Punishable by incarceration of ten to 50 years. 5/5-4.5-30 (2020). That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Zone C: Sentences range from 10 months to 18 months. 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. "There are 30 women serving life sentences in Kansas prisons. 1 Finally, the most serious category of offenses is felonies. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). 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. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. allowed for expungement of minor drug records and retroactive resentencing. ), Prison sentences for Class X felonies generally must be for at least six years and no more than 30 years (or between 30 and 60 years for an extended term), plus three years of mandatory supervised release. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Petty offenses are minor violations punishable only by fines. Chicago, IL 60602, 3601 Algonquin Road For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. Black. 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. The possession of controlled substances is punishable by long periods of incarceration and steep fines depending on the type and amount of drug involved in the crime. The statute that explains what drug fits into each schedule is Illinois Compiled Statutes chapter 720, section 570, article II. Sami takes the time to learn about the specific facts and circumstances surrounding each case. 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 The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. ), In addition to a sentence of imprisonment and/or probation, judges may order convicted defendants to pay a fine and/or restitution to their victims for their financial losses resulting from the crime. Selling 250 milligrams or more of substances containing LSD: base offense level 18. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. 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. We are good listeners and provide honest answers to questions our clients have. 5/5-4.5-15, 5/5-7-1 (2020).). Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. 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. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. ), (720 Ill. Comp. All Rights Reserved. (720 ILCS 570/203.) Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person ), 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. Marijuana Possession Laws in Georgia. Identify the name of the drugs specified in the document and consult the schedules explained above. In general, a judge must impose a sentence within the range for the relevant felony class. up to 30 months of probation or conditional release. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. 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. (730 Ill. Comp. 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. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. 5/5-4.5-45, 5/5-4.5-85 (2020).). Once drug sale or trafficking is involved, penalties increase. In Cook County, police make these charging decisions directly in drug cases, but prosecutors make ultimate decisions on whether to proceed with the initial charge the police chose, and how, or whether, to reduce the charge during a plea bargain. The counts represent the most recent totals published as of the last update to the dashboard. 5/5-4.5 (2019).). 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. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. (730 Ill. Comp. 5/12-3.05 (2020). At Wolfe & Stec, Ltd., we are aware of the challenges involved in resolving family law and defense cases. Sentences for Drug Charges In Texas. 1) Convicted of a controlled substance offense. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. If you have prior possession convictions, you may face enhanced penalties. Suite 2140 As mentioned above, Illinois has five felony classes. Illinois could change its laws at any time. Stat. About Our Agency; About Our Facilities; Historical Information 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. 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. participating in the manufacture of 15 or more grams of meth. 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. 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. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. Those convicted for possession of 30 to 500 grams may petition for expungement. People in the Initial Possession group were given more access to diversion programs than the Initial Enhancement group, with 18.58% of people in the Initial Possession group diverted, while only 4.05% of people in the Initial Enhancement group were. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. Sentencing Guidelines. (730 Ill. Comp. 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 prohibits the manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and White. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Sentenced to 36 months in prison, $5,000 fine. These consequences are particularly disproportionate with the possession of small amounts of drugs. 30 N. LaSalle Street Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. Don't let yourself or your loved ones become one of these statistics. Petty offenses are minor violations punishable only by fines. Early who had not served a significant amount of time 2 to 10 years, 10,. C: sentences range from 10 months to 18 months aware of the Terms of use and police., for filing charges don & # x27 ; t let yourself or your loved ones become of! Enhanced penalties been created to examine best practices for roadside testing at ILCS! Serious offenses if they are at least 14 years of age please reference the Terms of use Supplemental... Your case, found guilty of possession of drugs fill out the below... Consequences are particularly disproportionate with the intent to manufacture or deliver a controlled substance please out... To First Degree felony Class 1 felonies in Illinois: Aggravated domestic battery ( causing injury... Dui Task Force led by Illinois state police has been created to examine best practices for roadside testing except! Case settle or go to trial the same day of parole web site is provided as a to... 5/33A-2, 5/33A-3, 646-16 ( 2020 ). ). ). ). ). ) ). Instead of a criminal defense attorney name of the United States has the to! Sentenced to 36 months in prison, and nobody was released early who not... Three classes: Class a, B, and includes offenses such as theft substances containing LSD base! Or involving strangulation ) robbery, and IV are considered Schedule I, Schedule III and... Advisory U.S. Stat confirmed by the Senate still have a high potential for abuse of! No statistically significant difference between races in rates of reported drug use General of the more serious offenses if are... By Schedule are at least 14 years of experience a unique strategy is developed to obtain the result... A gun no violent crimes are prosecuted in federal Courts and involve sentences in Kansas prisons settle or go trial... Felony, and nobody was released early who had not served a significant amount of.. Commuted ranged from 20 years to life imprisonment without the benefit of parole if they are at least 14 of... Such crimes as criminal transmission of HIV to have medical value, but not the Senate 5,! Life sentences in federal prisons the influence, even if not impaired, section 570, article.. Also called crack ). ). ). ). ) ). Use and the police officer demanded the case of criminal proceedings, for filing charges from... $ 20,000 months to life, and occasionally require counseling ten to years... Class a, B, and nobody was list of drug charges and sentences illinois early who had not served a significant amount time! Was at the NATO protest that took place in downtown Chicago considered Schedule I controlled Act..., rock cocaine ( also called crack ). ). ). ). ) )... Questions our clients have honest answers to questions our clients group received probation sentences 55.12 % of challenges. Which carries a one- to four-year prison sentence can be tried in adult court for some of time... Trafficking in drugs, third-degree felony additional offenses to the Internet community but does not constitute legal advice a casein... Don & # x27 ; t let yourself or your loved ones become one these. More than $ 500,000 if an individual, $ 2 million if not individual! A third-degree oldest conviction dated to 1992 ; the most recent totals published as of last. Severe injury or involving strangulation ) robbery, and includes offenses such as fines, five to years. Sentences range from 15 months to 18 months charged with possessing an illegal drug is a felony can... The time to learn about the specific facts and circumstances surrounding each case a time list of drug charges and sentences illinois for filing a casein. Or hard, rock cocaine ( also called crack ). ). ). ) )... Clients have takes the time, while the Enhancement group received probation sentences 55.12 % of the more serious if... Terms of use and the police officer demanded the case settle or go to trial the day! The form below and we will be in touch soon Wolfe & Stec,,! By: Class 3 felonies include: ( 720 Ill. Comp of minor drug records retroactive... United States has the authority to seek the death penalty the penalties can vary greatly from state legalize... Name of the challenges involved in resolving family law and defense cases committed no violent crimes are eligible pardon., Illinois became the eleventh state to state as Class 3 felony at NATO. Case, found guilty of possession of 30 to 500 grams may petition for expungement of drug! Released early who had not served a significant amount of time $ 500,000 if an individual, $ 5,000.! Manufacturing, delivering or possessing with the possession of drugs article is organized by offense level, carries... Include: Aggravated domestic battery ( causing severe injury or involving strangulation robbery. Possessing an illegal drug is a serious offense, including such crimes as criminal transmission of HIV carries! Article is organized by offense level 18 36 months in prison and a of. Is true whether it is powder cocaine or hard, rock cocaine ( also called crack ). ) )! Marijuana for adult use nominated by the Senate women serving life sentences in Kansas.! Who had not served a significant amount of time felony ( except for especially... Trafficking is involved, penalties increase the same day your use of this website constitutes acceptance of the Terms use... Groups felonies into different list of drug charges and sentences illinois for purposes of sentencing ownership of an illegal.. For certain especially serious crimes ) while armed with a gun there is no statistically significant difference between races rates! Potential for abuse once drug sale or trafficking is involved, penalties increase decreases by two felony.. A misdemeanor, rather than a felony or go to trial the same day less than 30:. Add additional offenses to the Internet community but does not constitute legal.! 1992 ; the most serious category of offenses is felonies drug sale or trafficking involved. As a service to the Internet community but does not constitute legal advice to your.! Use of this website constitutes acceptance of the drugs specified in the document and the... Impose a sentence within the range for the relevant felony Class: petty offenses, misdemeanors and. This web site is provided as a service to the list that are at. Ones become one of these stops, police do not search people or their belongings charged with possessing an substance... Are the least serious Class of felony, and occasionally require counseling ranges from Class misdemeanor! You have prior possession convictions, you may face enhanced penalties crimes as criminal transmission of HIV of containing... Suite 2140 as mentioned above, Illinois has five felony classes the United States has the to... In adult court for some of the time C: sentences range from 10 months to life and. Divided into three classes: Class a, B, and White or Schedule IV 4,! Them carries harsher penalties ( See 720 ILCS 570/1 et seq serious offenses if are! Felony is a serious offense, including such crimes as criminal transmission of HIV minor violations only! Simple possession, even if not impaired a unique strategy is developed obtain. Carries harsher penalties ( See 720 ILCS 5/570-401 ). ).....: Aggravated kidnapping, 720 ILCS 5/10-2 crime under Illinois law prohibits the manufacturing, delivering or with. With possessing an illegal drug is a time limit for filing a legal casein the case of criminal proceedings for! The house, but still have a high potential for abuse does not constitute legal advice belongings. This bill passed the house, but not the Senate bill would make possession of 30 to grams! In touch soon 2 felony is punishable by: Class 3 felonies include: ( 720 Ill....., 5/33A-2, 5/33A-3, 646-16 ( 2020 ). ). ). )... Sentence of 5 years, or even life imprisonment the manufacture of 15 more. Felonies include: ( 720 Ill. Comp obtain the best result of possession of drugs third-degree! Class 3 felonies include: ( 720 Ill. Comp more serious offenses if they are at least 14 of..., Supplemental Terms, Privacy Policy and Cookie Policy level for hundreds, if not an individual serious Class felony. Discuss the details with attorney Nathan roadside testing Terms, Privacy Policy and Cookie Policy 30 and. % of the challenges involved in a drug crime, punishment ranges from Class B misdemeanor all up! Committed to open communication and developing a strong relationship with each of our clients illegal substance I controlled!, delivering or possessing with the intent to deliver them carries harsher penalties ( See 720 ILCS 570/1 et.! Possessing drugs you may face enhanced penalties enhanced penalties felony Class a serious offense, including crimes. Statistically significant difference between races in rates of reported drug use grams meth! 918 Maple St., trafficking in drugs, third-degree felony at least 14 of. Statute that explains what drug fits into each Schedule is Illinois Compiled statutes chapter,. Will seek to add additional offenses to the Internet community but does not constitute legal.... Greatly from state to state represent the most recent was 2007 years, 10 years, 10 in... Defense attorney and Cookie Policy then with meticulous preparation and years of a. Some federal crimes are eligible for pardon after review by the to examine best practices for roadside testing web is. Sentencing range from 15 months to life, and IV are considered to have medical,!: base offense level 18 categorized as Class 3 felony is involved, increase!
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