The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. The victim was a minor child, over 60 years of age, or otherwise vulnerable. TX. Stat. In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. They said. 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. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Many forms of assault and battery are prosecuted as class 3 felonies. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. Illinois law imposes additional penalties for repeat offenses. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. 5/5-4.5-40 (2020).). 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. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. In some states, the information on this website may be considered a lawyer referral service. A class 1 felony is punishable by: Class 2 Felony. Fine not more than $250,000 if an individual, $1 million if not an individual. 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 Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. The legal limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. 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. Stat. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. Stat. (730 Ill. Comp. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. [ Attorney Bio ]. Stat. A class X felony is punishable by: Class 1 Felony. 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). Start here to find criminal defense lawyers near you. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). 400 to 899 grams: Punishable by incarceration of six to 40 years. 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. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. Possession of 30 kg or more of heroin or 150 kg or more of cocaine: base offense level 38. Statistics based on prior month's data -- Retrieving Inmate Statistics. These felony convictions lead to thousands of long-term barriers to leading a successful, free life. 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)). Stat. 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. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. Fackrell, Ricky**. 5/5-4.5-25 (2020). 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. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. (720 Ill. Comp. Illinois law groups felonies into different classes for purposes of sentencing. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . Ebron, Joseph +. 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 . When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. 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. 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. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). 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. 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. But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. Stat. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 5/5-4.5-35 (2020). First Offense: Not more than 3 years. Second, the penalty imposed should not . Flunitrazepam (Schedule IV) Less than 30 mgs: All Schedule V drugs . unlawful purchase (or attempted purchase) of a firearm. (730 Ill. Comp. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). 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. Don't let yourself or your loved ones become one of these statistics. Second Offense: Not more than 6 yrs. Dupage County Lawyers ), (720 Ill. Comp. List of Misdemeanor Charges There are many types of misdemeanor charges, which include but are not limited to the following list of misdemeanor charges: Disorderly conduct Domestic violence Driving with a loud car stereo DUI Harassment Loitering Minor in possession of a controlled substance Obstructing traffic Open container Personal injury 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. 600 to 1499 objects: Punishable by incarceration of eight to 40 years. However, some individual felonies have sentence ranges that are different than the class as a whole. Board of Bar Overseers Number #552110. Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. She performed all field sobriety tests. The attorney listings on this site are paid attorney advertising. In most of these stops, police do not search people or their belongings. The law requires that these mandatory prison terms be served back-to-back (i . Petty offenses are minor violations punishable only by fines. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. For information, see Illinois Sale of Controlled Substance Laws. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. committing a felony (except for certain especially serious crimes) while armed with a gun. (730 Ill. Comp. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. 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. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. Any amount . Embark upon a path to recovery today. Stat. Please fill out the form below and we will be in touch soon. 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) Sentence: 1. (730 Ill. Comp. 5/5-4.5-10 (2020).). Many of these crimes involve drugs. This is true whether it is powder cocaine or hard, rock cocaine (also called crack). Methamphetamine. Our team is committed to open communication and developing a strong relationship with each of our clients. Stat. 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. The Illinois Controlled Substances Act criminalizes the knowing possession, manufacture and delivery of certain controlled substances, counterfeit substances, and "analogs" of controlled substances, or substances intended for human consumption having a chemical structure or effect substantially similar to that of a controlled substance listed in They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. Possessing drugs You may be charged with possessing an illegal substance. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. Class 1 felonies are punishable by 4 to 15 years in prison. 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). Zone D: Sentences range from 15 months to life imprisonment. ), 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. Stat. A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. 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. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. (720 Ill. Comp. 924(c). On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. (720 Ill. Comp. Stat. 5/5-4.5-35 (2020).) People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. 5/5-4.5-60, -65 (2019).). The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over $6.750 billion. 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). 5/12-3.05, 5/16-1, 646/60 (2020).). Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Even though the actual manufacture of methamphetamine is the most common drug manufacturing charge, some states do not limit charges to a completed product, and you could face drug manufacturing sentences of up to 99 years in prison and fines of $25,000 or more for supplies. 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). Many opioid pain medications like Vicodin, OxyContin, and methadone. Class 1 felony possession is the most serious of the possession felonies. The sentence will be life in prison or death penalty when certain aggravating factors are present. The next level is misdemeanors, which are punishable by up to one year in jail. Fine not more than $500,000 if an individual, $2 million if not an individual. Stat. About Our Agency; About Our Facilities; Historical Information The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. The next level is misdemeanors, which are punishable by up to one year in jail. 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