5/5-4.5-25 (2020). 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. Stat. Stat. Then read below to learn about possible charges and sentences. There are 43 levels of offenses. A class 2 felony is punishable by: Class 3 Felony. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Learn more about our recent case results. 3d 24 at 29, (1990)), being considered evidence of intent. Importantly, however, Illinois drug laws address several other controlled substances besides marijuana, including heroin, cocaine and even morphine. (720 Ill. Comp. Do Not Sell or Share My Personal Information. Schedule 1 drugs include: Heroin Marijuana LSD MDMA Peyote What Are Schedule II Drugs? The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Cook County is the county that sends the most people to state imprisonment each year. 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. You can find more information in our article on Marijuana Laws in Illinois. Stat. 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. What dictates a federal drug crime from a state drug crimecan vary. (730 Ill. Comp. Petty offenses are minor violations punishable only by fines. They also sought to establish diversion programs to direct people with substance use disorders to community-based treatment centers instead of prisons. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. 5/5-5-3 (2019).). The amended Schedule I includes cocaine, heroin, methamphetamine, and other most dangerous heavy drugs. It is not a matter of the judge's discretion in sentencing. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 2009. Stat. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. 15 to 199 objects: Punishable by incarceration of four to 15 years. DUIs and hit-and-run accidents are two separate crimes in Illinois. All Rights Reserved. Illinois law imposes additional penalties for repeat offenses. (730 Ill. Comp. 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. The charges for which are set out in the I llinois Controlled Substances Act at 720 ILCS 570/1 et seq. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. 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. 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. They have the highest potential to be abused and no legitimate medical use in the U.S. Ebron, Joseph +. Judges may not sentence anyone convicted of a Class X felony to periodic imprisonment, probation, or conditional release. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months . The lowest level felonies are Class 4 (punishable by probation or 1-3 years in prison), followed by Class 3 (punishable by probation or 2-5 years in prison), Class 2 (punishable by probation or 3-7 years in prison, Class 1 (punishable in rare cases by probation; usually by 4-15 years in prison, and Class X (punished by 6-30 years in prison; no possibility of probation). (730 Ill. Comp. Second, the penalty imposed should not . These drug laws also disproportionately impact Black Illinoisans. (730 Ill. Comp. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. 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 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. 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. Get Involved&Donate. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Second Offense: Not more than 6 yrs. The U.S. The Initial Possession group had more lenient outcomes in their cases than the Initial Enhancement group. Please fill out the form below and we will be in touch soon. ), 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. 1 A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. Schedule I drugs have the highest potential for abuse and no accepted medical use, while Schedule V drugs have the lowest abuse potential and a currently accepted medical use. 1500 or more objects: Punishable by incarceration of ten to 50 years. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. ), 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. We are good listeners and provide honest answers to questions our clients have. Illinois Compiled Statutes chapter 720, section 570, article II. 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. If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Mandatory minimum sentences. Federal cases are serious. This law states that you can . In 2021, HB 3447 (Ammons/Bush) was introduced in the Illinois House. However, the penalties can vary greatly from state to state. Fine not more than $500,000 if an individual, $2 million if not an individual. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. 5/9-1; 730 Ill. Comp. 5/5-4.5-15, 5/5-4.5-50 (2020).). Stat. Aggravated battery with a firearm, 720 ILCS 5/12-3.05 (e) (1). These tools give people more options in the fight against the harmful outcomes that drugs almost always provide. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. ), 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. 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.. Many of these crimes involve drugs. 5/5-4.5-45, 5/5-4.5-85 (2020).). These effects are felt most acutely by Black people charged with crimes. 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. Rolling Meadows, IL 60008, 633 Skokie Blvd 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. 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). They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. 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. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. 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. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Class 1 felony possessions are the most serious and receive the harshest penalties. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. 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