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). 5/5-4.5-45, -50 (2019).). In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. 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. Driving with THC blood concentration of five nanograms or more per milliliter will be considered driving under the influence, even if not impaired. However, some individual felonies have sentence ranges that are different than the class as a whole. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. In a separate case, found guilty of possession of drugs, a third-degree . 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. Ebron, Joseph +. 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 Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. 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. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Stat. Illinois law imposes additional penalties for repeat offenses. Suite 716 But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). 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. Fortunately, there have been some major changes in laws regarding marijuana use. Board of Bar Overseers Number #552110. Clearly, any felony-level charges should be taken very seriously. 5/12-3.05, 5/19-6, 5/33A-1, 5/33A-2, 5/33A-3, 646-16 (2020). Zone A: Sentences range from 0 months to six months. The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. 924(c). Stat. In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. 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. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . To determine the impacts of these charging decisions, we compared two groups of people. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. You can find the current version of any statute mentioned in this article with this search tool. If convicted, the court must impose reasonable sentences under federal statutes and the advisory U.S. 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 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. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. Anyone convicted of first-degree murder must be sentenced to a minimum of 20 years and a maximum of 60 years in prison (or between 60 and 100 years for an extended term). The possession of 30 grams or more of pentazocine, methaqualone, ketamine, or PCP is punishable by incarceration of four to 15 years and a fine of up to $25,000. Offense: Maintaining drug involved premises; . The normal belongings of an illegal drug charge is a Class 4 felony offense. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. 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. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. These drug laws also disproportionately impact Black Illinoisans. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. 570/406.2, -408; 730 Ill. Comp. Learn more about our recent case results. In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Illinois could change its laws at any time. And, while the penalties discussed thus far may seem harsh, those imposed under federal law may be even more severe. When youre up against criminal charges, youre facing something that can change your life. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. All Rights Reserved. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . 30 N. LaSalle Street 5. For instance, Illinois statutes contain many other provisions that address several additional controlled substances, including methamphetamine, fentanyl, LSD and even peyote, just to name a few. Sentencing Guidelines. Methamphetamine. (District of Central Illinois). Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. 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. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. California's three strikes law passed in 1994. If you have prior possession convictions, you may face enhanced penalties. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For example, one often used practical tactic is to simply take advantage of overworked public employees. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Only the Attorney General of the United States has the authority to seek the death penalty. 1 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. In some states, the information on this website may be considered a lawyer referral service. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. Cocaine is by all measures the most common controlled substance. Stat. Sami is an excellent advocate, and really fights for his clients. CRIME. 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). Offenses. 5/5-4.5-25 (2020). Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. 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. 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. 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. Repeat offenses. Be aware, however, that court opinions affect how these laws are interpreted and applied. ), Prison sentences for Class 2 felonies in Illinois are generally between three and seven years (or between seven and 14 years for an extended term), plus up to two years of mandatory supervised release. Selling 250 milligrams or more of substances containing LSD: base offense level 18. Those convicted for possession of 30 to 500 grams may petition for expungement. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. To do so, we examined data from five sources (see Methodology section at the end of this report for full details): the Investigatory Stop Report data for the state of Illinois (2016 to 2019), the publicly- available dataset of all adult arrests made by the Chicago Police Department (2014 to 2022), the admission and release data from the Cook County Sheriffs Office (for 2021), and the publicly-available Illinois Department of Corrections (IDOC) admissions data for (2018 to 2021) as well as the Illinois Criminal Justice Information Authoritys Prison Admissions for Drug Offenses dashboard (prior to 2018). Stat. 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