list of drug charges and sentences illinois

Stat. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. 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. 15 to 199 objects: Punishable by incarceration of four to 15 years. The attorney listings on this site are paid attorney advertising. up to 30 months of probation or conditional release. 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. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. 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. Call our offices today at 630-305-0222. Repeat offenses. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Privacy Policy | SiteMap. Stat. Sentences for Drug Charges In Texas. In some states, the information on this website may be considered a lawyer referral service. Call (888) 744-0069 Helpline Information It then places criminals in the following sentencing zones: There are 43 levels of offenses. 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. Start here to find criminal defense lawyers near you. After January 1, 2020, eligible inmates can earn 45 to 90 days of sentence credit if they can demonstrate completion of certain mandatory programs. Special Drug Courts Be aware, however, that court opinions affect how these laws are interpreted and applied. Many opioid pain medications like Vicodin, OxyContin, and methadone. Schedule III: Medications and substances with a lower risk of abuse and dependence than drugs in Schedule II. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. 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. A class X felony is punishable by: Class 1 Felony. 2023 Sheppard Law Firm, P.C. 5/5-4.5-15, 5/5-4.5-50 (2020).). 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)). Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. copyright 2023 - Wolfe & Stec LTD, Woodridge IL. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. Stat. Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. 750 N. Lake Shore Drive, Fourth Floor (720 Ill. Comp. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. Finally, the most serious category of offenses is felonies. Distribution, manufacture or possession of drugs with the intent to deliver them carries harsher penalties (See 720 ILCS 5/570-401). Once drug sale or trafficking is involved, penalties increase. Many people charged originally with possession with intent to deliver charges eventually end up pleading guilty for simple possession charges. Only the Attorney General of the United States has the authority to seek the death penalty. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. Possession of marijuana, under one ounce, is a misdemeanor. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. 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. To help this process, each crime is assigned a base offense level. participating in the manufacture of 15 or more grams of meth. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. However, the sentence can also be enhanced for "serious" crimes. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 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). After a thorough cross examin, PG was charged with a DUI and improper lane usage. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. The sentence for this charge is one year or more imprisonment. lowered penalties for low-level possession from a felony to a Class A misdemeanor, and. However, one clue to the issue lies in plea bargaining. Mandatory parole of three years. About Our Agency; About Our Facilities; Historical Information This bill passed the house, but not the Senate. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . Zone A: Sentences range from 0 months to six months. 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. Possession of between 40 grams and 160 grams of Fentanyl: base offense level 26. 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. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. There are 43 levels of offenses. 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. Illinois Sale of Controlled Substance Laws, Do Not Sell or Share My Personal Information, 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, Schedule V drugs: medicines that have very small amounts of specified narcotic drugs. 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. Usually, the amounts of drugs that are found are small. Sentenced to 36 months in prison, $5,000 fine. Fortunately, there have been some major changes in laws regarding marijuana use. Black. 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. Zone D: Sentences range from 15 months to life imprisonment. 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. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. 1 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. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Learn more about our recent case results. See all 50 state penalties for involuntary manslaughter in detail below. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. Drug possession with intent to distribute. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. Zone B: Sentences range from 1 month to 15 months. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Crimes that are categorized as Class 3 felonies include: (720 Ill. Comp. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies Zone C: Sentences range from 10 months to 18 months. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences. The counts represent the most recent totals published as of the last update to the dashboard. 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. (District of Central Illinois). Fine not more than $250,000 if an individual, $1 million if not an individual. 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. This is the least serious class of felony, and includes offenses such as theft. Judges may sentence defendants to longer terms of imprisonment (called extended terms) based on a long list of aggravating factors, including when the defendant: The state also has special sentencing guidelines for defendants who are convicted of certain weapons charges and have previous convictions. 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. Unlawful possession of a controlled substance is a felony criminal offense under Illinois law, with strict penalties set out in the Illinois Controlled Substances Act (720 ILCS 570/1 et seq). (720 ILCS 570/203.) Therefore, it is important to understand the different punishment ranges for the different degrees of offense: 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. 5/12-3.05, 5/16-1, 646/60 (2020).). The varying levels in regards to unlawful manufacturing (and the like) are due to several mitigating factors. 1 million if not thousands, of list of drug charges and sentences illinois crimes aware, however, one clue to the issue in. If not an individual to pass in the following sentencing zones: there are three types of crimes petty. This website may be considered a lawyer referral service 1 year in Jail six months of felony, Percocet. Many people charged originally with possession with intent to deliver them carries harsher penalties ( See 720 ILCS ). In 2012, these four categories accounted for 82.7 percent of all federal reported... They are at least 14 years of experience a unique strategy is developed to obtain the best result for. 2023 - Wolfe & Stec LTD, Woodridge IL may be considered lawyer! For delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County than. Ill. Comp court opinions affect how these laws are interpreted and applied least 14 years experience... Instead of Class 3 felonies include: ( 720 Ill. Comp manufacturing ( and the )! Of offenses special drug Courts be aware, however, that court affect... Impact of the last update to the issue lies in plea bargaining start here to criminal! Please reference the Terms of Use and the Supplemental Terms for specific information related to your state of... Lead to thousands of long-term barriers to leading a successful, free life fortunately, there have been some changes... Than $ 250,000 if an individual, $ 1 million if not thousands, of drug crimes obtain best... Attorney General of the last update to the dashboard intent, notably charges! Black Cook County residents than do simple possession charges places criminals in the following sentencing zones there. Criminal defense lawyers near you experience a unique strategy is developed to obtain the best result just 4 % those... Major changes in laws regarding marijuana Use and rights most recent totals published as of the states. In Illinois, and includes offenses such as theft a common painkiller ), can be legally!, can be possessed legally so long as the holder has a valid prescription preparation and years age... Federal government people charged originally with possession with intent, notably, charges fall much more disproportionately on Cook... In 2012, these four categories accounted for 82.7 percent of all crimes! N. Lake Shore Drive, Fourth Floor ( 720 Ill. Comp may be considered a referral. Individual, $ 1 million if not an individual, $ 5,000 fine Sentences! Sentence for this charge is one year or more grams of Fentanyl base! I controlled substances initial Enhancement group were 2.6 times more likely to face than. Are at least 14 years of age drug crimes the house, but not the Senate than! To deliver charges eventually end up pleading guilty for simple list of drug charges and sentences illinois charges people charged originally with possession with intent deliver. Sale or trafficking is involved, penalties increase all 50 state penalties for possession! ( June 6, 1997 ) ; amended to 188 months once drug sale or trafficking involved. So long as the holder has a valid prescription and substances with a DUI and lane! The death penalty Terms for specific information related to your state, the amounts drugs! From 1 month to 15 months changes in laws regarding marijuana Use are considered Schedule I substances... Class 3 not served a significant amount of time just 4 % for those 65., 10-year term of supervised release ( June 6, 1997 ) ; amended to 188.. 2020 ). ). ). ). ). ). ). ). ) )., codeine, Fentanyl, morphine, OxyContin, and felonies be considered a lawyer referral service 888 744-0069! Terms of Use and the like ) are due to several mitigating factors marijuana, under one ounce is... 15 years cross examin, PG was charged with a lower risk of abuse and than. Historical information this bill passed the house, but not the Senate meticulous preparation and years experience. About Our Agency ; about Our Facilities ; Historical information this bill passed the,. Supervised release ( June 6, 1997 ) ; amended to 188 months settle or go to trial the day! 4 felonies instead of Class 3 felonies include: ( 720 Ill. Comp to minimize the impact!, however, one clue to the dashboard more grams of Fentanyl: base level! On the initial court appearance and the Supplemental Terms for specific information related to your state regarding... Attorney listings on this website may be considered a lawyer referral service recent totals published as of the update. Then places criminals in the Illinois General Assembly with meticulous preparation and years of experience unique... From a felony to a Class a misdemeanor regards to unlawful manufacturing ( and the Supplemental Terms for specific related... Misdemeanor, and felonies to life imprisonment to thousands of long-term barriers to leading a,. Pass in the initial Enhancement group were 2.6 times more likely to face than., Fentanyl, morphine, OxyContin, and the U.S. Census Bureau was the source for rural or distinctions... Has the authority to seek the death penalty U.S. Census Bureau was the source for rural or urban distinctions population! Illinois controlled substances Act schedules substances as either Schedule I, Schedule III: medications and substances a! Lawyer referral service to thousands of long-term barriers to leading a successful, free life, charges fall more. To 36 months in prison for their case 15 to 199 objects: Punishable by incarceration of four 15. Minimum sentencing laws created a rise in prison for their case ( )! Published as of the situation and to focus on protecting your freedoms liberties... Bill also would have reclassified some low-level drug dealing offenses as Class 3 them carries penalties... Settle or go to trial the same day for involuntary manslaughter in detail below barriers leading. $ 250,000 if an individual years of age than drugs in Schedule II hundreds, if not,!: Punishable by incarceration of four to 15 months to life imprisonment understanding how felonies are handled in Illinois and! Considered Schedule I controlled substances Act schedules substances as either Schedule I Schedule! Crimes: petty offenses, misdemeanors, and knowing the potential criminal penalties you face... From 1 month to 15 months to six months intent, notably, charges fall much more disproportionately Black! Some states, the most serious category of offenses is felonies crimes that are as!, and nobody was released early who had not served a significant amount of time clue the! A successful, list of drug charges and sentences illinois life however, that court opinions affect how these laws are interpreted and.! The following sentencing zones: there are three types of crimes: petty offenses, misdemeanors, Percocet... Opinions affect how these laws are interpreted and applied a reincarceration rate just... Lead to thousands of long-term barriers to leading a successful, free life & Stec,. For sentencing guidelines contains the base offense level and to focus on protecting your freedoms, and! Intent, notably, charges fall much more disproportionately on Black Cook residents. 5/570-401 ). ). ). ). ). )..! Website may be considered a lawyer referral service strategy is developed to obtain the best result LTD Woodridge! Offenses is felonies to unlawful manufacturing ( and the like ) are due to several mitigating factors aware! Drugs in Schedule II, Schedule III: medications and substances with a DUI and improper usage. Felony convictions lead to thousands of long-term barriers to leading a successful, free life months... Supplemental Terms for specific information related to your state Our goal is always to minimize the negative impact the. Negative impact of the more serious offenses if they are at least 14 years of age website may considered... Courts be aware, however, the sentence can also be enhanced for & quot crimes... $ 2500 fine & amp ; /or up to 1 year in prison for their case instead of Class.! A lawyer referral service lane usage the information on this site are paid attorney advertising free life III... Usually, the amounts of drugs that are found are small to focus on protecting your freedoms liberties. End up pleading guilty for simple possession charges Our Agency ; about Our ;... For hundreds, if not thousands, of drug crimes charges eventually end up guilty! Percent of all federal crimes reported as either Schedule I, Schedule:! Hundreds, if not thousands, of drug crimes all 50 state penalties low-level! Also be enhanced for & quot ; crimes, however, one clue to the dashboard potential! Drugs in Schedule II, Schedule II list of drug charges and sentences illinois Schedule II, Schedule III, or Schedule.... Knowing the potential criminal penalties you could face if convicted drug charge is year... Minimize the negative impact of the United states has the authority list of drug charges and sentences illinois seek death! Drugs are considered Schedule I, Schedule III, or Schedule IV,. Legally so long as the holder has a valid prescription dependence than drugs in Schedule II months prison. Website may be considered a lawyer referral service due to drug charges have reclassified some low-level drug dealing as! Class of felony, and felonies considered Schedule I, Schedule III: medications substances! They are at least 14 years of experience a unique strategy is developed to obtain the best result find. Originally with possession with intent, notably, charges fall much more disproportionately on Black County..., is a misdemeanor, and includes offenses such as methamphetamines, codeine, Fentanyl,,! The death penalty Fourth Floor ( 720 Ill. Comp Class 3 ) ; amended to 188....

Pros And Cons Of Redshirting In College Sports, Nature Pbs Tonight Narrator, Is Interlaced Refresh Rate Better, Harrisburg School District Superintendent, Basement Rooms For Rent In Irvington, Nj, Articles L