Class 4 felony drug possession illinois Some crimes that can cause a Class 4 felony include felony DUI, stalking, criminal sexual abuse, unauthorized prescription forms, and some drug possession charges. (a) Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia commits a Class 4 felony for which a minimum fine of $1,000 for each such item shall be imposed. If an extended term applies then an individual can be sentenced to a minimum term of imprisonment of 3 years up Illinois Compiled Statutes Table of Contents Home Legislation & Laws Senate House My updates from the Food and Drug Administration, Sentence. 5-95(b) if: Defendant is over the age of 21 years; After having twice been convicted of a Class 2 or greater Class felony Illinois drug possession felonies can fall into Class 1, 2, 3, or 4, with Class 1 being the most serious. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court. A In Illinois, possession of cocaine is a felony. More than 100 grams, but fewer than 500 grams Drug Paraphernalia Possession. Illinois Felony Drug Crimes. Partnersarrow_drop_down. Is a Class 4 felony Probationable in Illinois? A Class 4 Felony is punishable with a minimum term of imprisonment of 1 year up to a maximum of 3 years. The most serious is a Class X felony – and it can result in a long prison sentence. 1 percent in 1993. The mere possession of burglary tools may be enough. Illinois will always prosecute cocaine possession as a felony offense, meaning anyone convicted will likely face a prison sentence as well as serious fines. 15 – 100 grams (at Class 1 Felony: Punishable by 4-15 years in prison (15-30 years for an extended term) Class X Felony : Punishable by 6-30 years in prison (30-60 years for an extended term) Many crimes carry a mandatory minimum sentence, which means that a conviction will require you to spend some time in prison. Maximum fine of $25,000. Such drug charges may carry the harshest penalties under Illinois law. Illinois Drug Possession Laws & Penalties. Possession is a felony, whether in small or large Learn about Illinois drug manufacturing laws at FindLaw. As of January 1, 2020, certain personal possession of cannabis has been allowed for recreational use. Welcome to LegalClarity, where our team of dedicated professionals brings clarity to the complexities of the law. The charges for which are set out in the Illinois Controlled Substances Act at 720 ILCS 570/1 et seq. What are the Penalties for a Minor in Possession Conviction in Illinois? A charge of minor in possession is typically a Class A misdemeanor. Class 2 felony. The Class X felony is, short of first-degree murder, the most serious felony offense on The duration of a felony probation term will depend on the grading of a defendant’s offense. A Class 1 felony is the most severe. years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having We conducted interviews, administered surveys, and analyzed administrative data. According to Illinois drug law, LSD is a Schedule I controlled substance. The General Assembly recognizes that (1) the current state of scientific and medical knowledge concerning the effects of cannabis makes it necessary to acknowledge the physical, psychological and sociological damage which is incumbent upon its use; and (2) the use of cannabis occupies the unusual position of being – If the underlying felony is a Class 3 or Class 4 felony, the offense is elevated to a Class X felony. It is sometimes referred to as a “Super X” because the penalties of trafficking are double the term of imprisonment for possession of Score: 4. Possession of Controlled Substance Some drug possession charges, such as possession of over 500 grams of marijuana and a low-end manufacturing drug crime, can be charged as a Class 3 felony, depending on the substance involved. 15-100 grams is a Class X felony offense. The sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. Some class 4 felony drug charges can be expunged. 720 ILCS 646/60(b). 2010 Illinois Code CHAPTER 720 CRIMINAL OFFENSES 720 ILCS 570/ Illinois Controlled Substances Act. 3. Class 3 Felony? Do First-Time Misdemeanor Offenders Go To Jail In Illinois? Peoria Defendants Should Understand Illinois’ Stalking Laws; Peoria Defendants Must Understand Illinois’ Harassment Laws; Dealing With A Class “4” Felony In Peoria, Illinois criminal prosecution for Class 4 felony violations of the : Illinois Controlled Substances Act and Class 3 felony : violations of the Methamphetamine Control and Community : Protection Act were granted to a person possessing a small : amount of the drug who, in good faith, seeks emergency medical : assistance for someone experiencing a drug Illinois Class 4 Felony Drug Possession: Laws and Penalties. For example, possession of 15 Possession of any controlled substance with a total weight of less than 15 grams is a Class 4 felony with a penalty of 1-3 years in the Department of Corrections and a possible Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, Several drug crimes can be considered Class 4 felonies in Illinois. A class 2 felony Felonies are further categorized into classes: Class 4 felonies are the least severe, though they still come with more than a year of prison time. If your application is denied, you will receive a letter from the Director of the Illinois State Police that explains what you need to do to appeal the denial. The sale of drug paraphernalia ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY. Class 4 felonies are probationable. Possession of drugs such as cocaine, heroin, or methamphetamine is classified as a felony. If you’re facing criminal drug charges, you should familiarize yourself with the state of Starting January 1, 2014, the Legislature changed the law to allow for sealing of Class 3 and Class 4 of the following felony offenses: Deceptive Practices, Theft, Forgery, Possession of Burglary Tools, Possession of Cannabis, Possession of a Controlled Substance and a Possession with Intent to Deliver a controlled Substance (Class 3 Felony) Class 4 Felony Illinois Possession Controlled Substance Most Class 4 felony convictions of possession of a controlled substance were sentenced for nonviolent, low-level offenses. The sentence for this charge is one year or more imprisonment. For example, possession of 15 grams or more is a Class 1 felony, carrying a sentence of 4 to 15 years in prison and fines up to $25,000. If this offense follows a previous marijuana offense, this becomes a Class 4 felony with one to three years in jail. 720 ILCS 570/402(c). Grant Resourcesarrow_drop_down. If you are charged with a second offense of stalking or aggravated stalking, the prison time can be increased up to five years and it counts as a Class 3 felony. Class 4 felony. Class 4 felony: This carries a determinate prison sentence between one and three years. Again, a Class 4 felony carries between one and three years in prison and up to $25,000 in fines. 1)? The penalties for illegal possession and use of drugs in Illinois are outlined in the Illinois Controlled Substances Act. Increase the amount to 900 grams and the sentence becomes 10 to 50 years in the Department of Corrections. I have decided to write on this topic in order to provide information which may be useful to those facing such charges. An extended-term Class 3 felony is between five to ten years. 3, 11-23, or 11-23. Class 1 felony: Sentencing range of 4-15 years in the Department of Corrections. The maximum fine allowed is $250,000. 2(i)(3) Most state and federal laws treat drug possession, sale, and trafficking of cocaine as a felony. A Class 4 felony can land you in prison for up to three years and make you (720 ILCS 550/1) (from Ch. Coles County Sheriff's Office 701 7th Street Charleston,Il 61920 All Currently Confined Inmates Possession of meth, a Schedule II-controlled substance, is deemed to be a felony drug offense in Illinois. However, some Class 1 Felony. A Rolling Meadows Criminal Defense Lawyer Can Help When drug crimes are involved, you need the assistance of an experienced Rolling Meadows defense lawyer . Class 3 felony. A Class 4 Felony is punishable with a minimum term of imprisonment of 1 year Here, we’ll discuss Illinois drug possession laws and the penalties you’ll face with a felony conviction. Sale or Trafficking of Marijuana If you are in possession of Illinois Chapter 720. We will also provide a breakdown of drug possession charges and the Illegal possession of Schedule III, IV, and V is considered a class 4 felony carrying potential jail time of one to three years and a fine of up to $25,000. The class of Felony and potential punishment depends mostly on the type of drug you are in possession of and the amount of drugs that you are charged with possessing. Researcharrow_drop_down. 1/5 (5 votes) . . Illinois Class “4” felony cases can result in a sentence of one to three years. Generally, this is due to a follow-up offense caused by Extended Term Eligible? However, a Class 4 Felony charge is potentially eligible for an extended term. Low-level offenses, including drug possession charges, dominate new prison admissions in Illinois. Illinois law groups felonies into different classes for purposes of sentencing. Research. Is possession of Xanax a felony in Illinois? The following is a summary of Illinois drug laws for possession. Illinois Compiled Statutes Table of Contents Home The sentence of imprisonment for an extended term Class 4 felony, as provided in The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4. 1B, 11-20. Possession of 15 to less than 100 grams of heroin, cocaine, or morphine has a sentence of four to 15 years in prison and a (a) TERM. At Donahue & Kililis, PC we aim to guard your future conviction possessing a firearm; 34% involved a Class 4 felony offense; 3) For the least serious felony firearm possession offense (e. Any person who violates subsection (a) is guilty of a Class 4 felony for the first offense and a The law changes the rules for how the police can handle people accused of Class 4 drug possession felonies, which involve having less than 15 grams of cocaine, heroin or other controlled substances. Is Coke legal in Illinois? Cocaine is an illegal narcotic, and the possession of any amount of the drug is illegal throughout the country. If the weight is 15 grams or more, then the offense is enhanced to a Class 1 felony, which can involve 4-15 years in prison. Any individual may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Whether you’re facing charges for the first time or dealing with the nuances of The percentage of inmates incarcerated for Class 4 felonies has shot up faster than any other felony class – these inmates made up 11. g. The normal belongings of an illegal drug charge is a Class 4 felony offense. Violent crimes generally have longer statutes of limitations, and some Class 4 Felony Possession of Controlled Substance 720 ILCS 570. A class 1 felony is punishable by: 4-15 years imprisonment; Extended term of 15-30 years; Class 2 Felony. A conviction could result in: up to one year in the county jail; up to $2,500 in fines; probation or court supervision; community service; alcohol education or treatment program (720 ILCS 550/1) (from Ch. There are a few different penalties for heroin possession in Illinois, and none of them are good. Class 4 felonies are the least severe level of felonies in Illinois. Depending on the amount of drugs in your possession and whether or not they are intended for trafficking, If you are facing an Illinois Class 1 felony charge, Pursuant to that Act, violent crime means: (1) any felony in which force or threat of force was used against the victim; (2) any offense involving sexual exploitation, sexual conduct, or sexual penetration; (3) a violation of Section 11-20. Possession of heroin, cocaine, LSD, or morphine is a Class 1 Felony in Chicago. Possession of more than 15 grams of cocaine is a Class 1 Felony, punishable by $200,000 in criminal fines and a term of imprisonment depending on the amount of the drug in your possession. 5-45(a)). Minimum ten-year loss of full driving privileges. Drug possession penalties are based on the amount or weight of drugs in a person’s possession: Possession of cocaine, LSD, meth, heroin, and morphine is a Class 1 felony charge. Probation is possible on a finding of guilt for a Class 1 felony. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. While Class 4 offenses are the lowest-level felony charge in the state of Illinois, they still carry the potential for prison time. Contact our attorney if you were arrested. Currently, those amounts of possession are a Class 1 felony, which is the second highest class of felonies and is punishable by a prison sentence between four and 15 years. Penalties for a conviction are increasingly severe based on the amount of cocaine involved: 10 to 15 grams — You may be sentenced to 4 to 15 years in prison and ordered to pay a fine of up to $250,000 A second offense for domestic battery can be either a Class A misdemeanor or Class 4 felony, depending on the outcome of the first offense. 5 of the Criminal Code of 1961 or the Criminal Code of 2012; (4) domestic battery or stalking; (5) violation of an You need not commit a burglary to be charged with a crime. Drug Laws in Illinois. In Illinois, possession of a small amount of cocaine, like less than 15 grams, is considered to be a Class 4 felony offense, which, if you are convicted, may land you in prison for up to one year and paying fines of up to $25,000. The sentencing range is 4-15 years in the DOC. This article begins a discussion on the handling of Class “4” felony charges in Peoria and other central Illinois areas. Ownership of an illegal drug is a felony crime under Illinois law. The severity of the charge depends on the quantity. Class 1 felonies generally cover grievous offenses such as sexual assault. Generally, a Class 1 or Class 2 Felony Sentenced as a Class X under 730 ILCS 5/5-4. See 20 ILCS 2630/5. 5-50). Along with imprisonment and fines, there could be probation and/or community service. 30 grams to 500 grams is a Class 4 felony. ” The court held that a state drug conviction constitutes a “felony drug offense” if it was punishable by a prison sentence in excess of one year, even if the offense was classified as a misdemeanor by state law. Class 4 felony charges can result in one to three years in an Illinois prison. (b) Possession of a drug product containing dextromethorphan in violation of this Act is a Class 4 felony. Possession Drug possession offenses under Illinois law fall into two broad categories: (1) possession of a controlled substance under 720 ILCS 570/402; and (2) possession of marijuana (cannabis) pursuant to 720 ILCS 550/4. stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, What is class 4 felony Illinois? Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved. For Class 3 or 4 felonies, a court can impose a probation term of up to 30 months. Possession of a controlled substance, such as cocaine or heroin, in amounts exceeding personal use but not reaching trafficking levels, is typically classified as a A prison sentence for a Class 4 felony conviction is 1 to 3 years, and Class 4 felony convictions can also include fines of up to $25,000. If you possess 15 to 100 grams, then it is a class 1 felony. If you possess less than 15 grams of meth in the state of Illinois, you may be charged with a Class 4 felony. Take a look at the following breakdown of the possible penalties organized by drug quantity: 0-15 grams of heroin: Class 4 felony carrying a 1 to 3-year prison sentence and additional fines of Under Illinois law, possession of any quantity of marijuana is a criminal offense within the state. 720 ILCS 570/402. 00 and 90 days in jail Drug possession over certain quantities; A conviction for a Class 2 felony in Illinois comes with a prison sentence of between 3 and 7 years, in addition to fines and other penalties. (b) PERIODIC IMPRISONMENT. ILLINOIS STATE POLICE COMBATS DRUG TRAFFICKING AND SEIZES 1,146 POUNDS OF COCAINE . A sentence of periodic How Long After a Crime Can Charges Be Filed in Illinois? In Illinois (and most other states), the time limits depend on the offense level or the specific crime. In Illinois, drug crimes are generally broken into two categories: Generally, possession of a small amount of a controlled substance like heroin or cocaine is a class 4 felony. Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved. If the first arrest for domestic battery resulted in an acquittal or dismissal, then Possession of less than 15 grams of heroin or cocaine is a Class 4 felony, punishable by 1 to 3 years in prison and fines up to $25,000. Upon conviction for this Class 4 felony, the penalty usually centers on imprisonment for a period of one to three years and criminal fines up to $25,000. This carries a mandatory minimum prison sentence of 15 years, which can extend up to 30 years. 5-40(a)) What Percentage of Your Sentence Will You Serve on a Felony Retail Theft 730 ILCS 5/3-6-3(a)(2. Illinois’s legal framework Possession of less than 15 grams of cocaine or heroin is classified as a Class 4 felony, underscoring the state’s stringent stance on drug offenses while providing a legal In Illinois the lowest level felony offense is a Class 4 Felony. If you possess 15 grams to 100 grams, however, (720 ILCS 600/3) (from Ch. Some denials can be appealed to the Director of the Illinois State Police. Class 4 Felony in Illinois – Up to 3 years in prison and/or a fine of up to $25,000; Class 2 felonies in Illinois include felony DUI, assault, stalking, and some drug possession including 30 grams, but less than 500 grams of marijuana. After that, in descending order of seriousness, are Class 1 through Class 4. When you are charged with drug possession, Class 4 Felony Up to $25,000 Fine &/or 1 to 3 Years in Pen. The sale, delivery, distribution, or possession with intent to sell, deliver, or distribute a drug product containing dextromethorphan in violation of this Act is a Class 2 felony. Crystal methamphetamine is a Schedule II substance under the Controlled Substances Act. 9 percent of Illinois’ prison population as of 2013, compared with 4. 2103) Sec. Class 4 felony prison sentences include: 1-3 years in prison for a standard Class 4 felony. These offenses are categorized as a Class 4 felony, which can land someone in prison for one to three years with fines of up to $25,000. In addition to possible jail time, a felony conviction can have severe consequences that include: Possession of less than a gram of cocaine, heroin, or morphine is a Class 4 felony and carries a sentence of probation or one to three years in jail. Class 1 felony possession charges include drugs such as heroin, cocaine, morphine, LSD, and other hallucinogenic substances (mostly Schedule I and II) and come with jail time of one to fifty years depending on the amount of substance in possession. 1-3 years imprisonment; Maximum fine: $25,000; Over Possession of a controlled substance in Illinois is considered a class 4 felony which has a maximum sentence of 3 years in prison but it could be as high as 6 years in prison should the offender have a previous felony conviction. The standard sentence for a Class 4 felony is one to three years in prison, but up to six years is possible. Some Class 4 felonies in Illinois include low-level drug possession, some DUI offenses, and minor theft offenses. Looking for a skilled Chicago drug crime lawyer for hallucinogens? Illinois Penalties for Possession of LSD. – For a Class 1 or Class 2 felony, the minimum sentence remains 15 years but can increase up to 30 years, depending on the case specifics. While possessing other controlled substances in small amounts is a class 4 felony, possession of methamphetamine is a Class 3 felony. The following are the penalties for cocaine possession in escalating amounts: Anything less than 15 grams is a Class 4 Felony, usually involving a prison sentence of up to a year Possession of these drugs is viewed as serious. The sentence of imprisonment for second-degree murder must fall within 4 to 20 years. Class 1 Felony – A class 1 felony is extremely serious, and carries a minimum of 4-15 years in prison for possession of 15+ grams of drugs like heroin, methamphetamines, cocaine, 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. Illinois divides controlled substances into five schedules based on factors such as their potential for abuse, and whether they are approved for legitimate medical use. If you possess 100 grams or more, then it is a class X felony. Grant Resources. 9 grams, the penalty is between 3-7 class 4 felony (example: retail theft under 300 with prior theft conviction): Between 1-3 years in the Illinois Department of Corrections Between 3-6 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 4 or greater within past 10 years) The sale, delivery, manufacturing, or possession with the intent to distribute cocaine is a felony with harsh penalties in Illinois. Penalties could include time in prison, and heavy fines. Schedule I or II, such as heroin or cocaine, can result in severe penalties. Felony-level CDC possession crimes are Class 1, 2, 3, or 4. Class X felony penalties are much more severe, with a minimum prison term of six to 30 years and a maximum term of 15 to 60 years, depending on the type and weight of the substance(s) involved in the case. (c) (Blank). The sale, delivery, distribution, or possession with intent to sell, What is a Class 4 felony in Illinois? Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved. You may also be fined up to $25,000. Due to this division, you can find varying laws between states when it comes to drugs – and some states are harsher than others. The criminal penalties for a Class 3 felony conviction include a prison sentence of 5 to 10 years and fines of up to $25,000. Even Class 3 felonies are significant criminal charges and come with severe repercussions if they turn into a conviction. 21 or older AND an 21 or older but NOT an Illinois resident may possess: 15 grams of cannabis flower; 250 milligrams of THC contained in cannabis-infused Class 4 felony; More than 100 grams but not more than 500 grams Class 4 How Illinois Classifies Felony Offenses. 673. 15 – 100 grams: 4-15 years in prison 2023 Illinois Compiled Statutes Chapter 720 - CRIMINAL OFFENSES 720 ILCS 570/ which is not approved by the United States Food and Drug Administration or, if approved, if evidence for the Class 4 felony possession charge was acquired as a result of the person reporting the sexual assault to law enforcement, Felony: 4 - 15 years: $ 25,000 * Illinois resident -- non-residents may possess up to 15 grams Possession of 100-500 grams is a Class 4 felony punishable by a minimum sentence of 1 year and a maximum sentence of 3 these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug In Illinois, a possession of less than 1 gram of cocaine or heroin is a Class 4 felony, with a sentence of probation or a range of 1 to 3 years in the Department of Corrections being the punishment. Facing Felony Charges in Illinois - Class 4 felony - Subsequent offense, Class 3 felony • More than 500 grams but not more than 2,000 grams - Class 3 felony • More than 2,000 grams but not more than 5,000 grams Failure to submit to chemical testing will result in the - Class 2 felony • More than 5,000 grams - Class 1 felony It is unlawful for a person under 21, to present or Illinois Gun Possession Laws. Possible imprisonment for up to seven years. Illinois drug crimes are classified as felonies or misdemeanors, and each of those broad categories include several different classes of severity. The consequences for drug possession in Illinois are wide-ranging, but the act is more severely sentenced here than in many other states, with most possession offenses charged at the felony level. In Illinois, drug possession is classified as either a misdemeanor or felony, depending on Class 1 Felony: 4 – 15 Years: 15 – 30 Years: 50%: up to 180 days: $200,000: $2,000: yes: 2 Years: 100 – 400 Prescription Drug Possession; LSD; Methamphetamine; Morphine; Drug and Narcotics Cases; We serve clients throughout Illinois including those in the following localities: Cook County including Arlington Heights, Class 3 felony: Class 3 felonies carry a sentence between two and five years. Illinois prisons are among the most overcrowded in the nation, which is dangerous for both inmates and staff. Third Underage DUI Conviction - Class 4 Felony. Felony classifications in Illinois: Overview Class 4 felony admissions to prison Daily prison population High recidivism rate Class 4 felony drug offenses Methamphetamine Class 4 felony property offenses PAGE 12 Recommendations Reform Class 4 felony drug possession offenses: Raise the threshold Reform Class 4 felony retail theft and Class 3 Illinois has 5 classes of felony charges. Navigating the complexities of drug possession laws in Illinois can be daunting. If sentenced to the In addition to just having these items, the sale and delivery of drug paraphernalia, as well as the possession of drug paraphernalia with the intent to sell, are also prohibited in Illinois. For Class 1 and 2 felonies, a court can impose a probation sentence of up to 48 months (four years). An extended-term Class 4 felony is between three and six years. When this Act became effective on January 1, 2020, cannabis became legal for recreational possession and use in Illinois. Thirty-nine participants had successfully completed the two-year program and three were unsuccessful. 1-15 grams is a Class 1 felony offense. 3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3. 05). Illinois Drug Possession Laws. The General Assembly recognizes that (1) the current state of scientific and medical knowledge concerning the effects of cannabis makes it necessary to acknowledge the physical, psychological and sociological damage which is incumbent upon its use; and (2) the use of cannabis occupies the unusual position of being That means that the extended sentencing range for a class 4 felony retail theft is 1 to 6 years IDOC (730 ILCS 5/5-4. 900+ grams: 10 to 50 years of incarceration, and/or a fine of up to $200,000 or the street value of the drugs, whichever is higher (Class 1 felony charge) Marijuana Possession. Partners. com. Changes in marijuana laws around the country spurred a new statute in Illinois which decriminalized the possession of small amounts of cannabis (marijuana). Courts cannot impose probation for a Class X felony. ICJIA » Research and Analysis Unit Research » Parole and Mandatory Supervised Release in Illinois . Misdemeanor possession will fall under Class A, B, or C, which are the least serious classifications. 1. Penalties will be enhanced Illinois law generally classifies possession offenses as felonies, with the severity determined by the Schedule of the controlled substance involved. 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. On the including the state of Illinois. Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver’s license, and theft, depending on the amount that was stolen and the Prior class 4 felony convictions for prostitution. , a Class 4 felony), one-third (33%) of the statewide convictions stemmed from arrests in 11 of Chicagos 77 neighborhoods. Class 1 felony convictions can also see the imposition of fines up to $25,000. The following offenses are all Class 4 felonies. 5-3 years (2. 5 of the Drug Paraphernalia Control Act, Section 9-3. Class 4 Felonies. For instance, a prosecutor might have three years to file many felony charges but only one year to file misdemeanor charges. Criminal Offenses Section 5/17-1. Examples of Class 4 felonies include drug possession, obstructing justice, sex abuse, and identity theft for less than $300. One convicted of Class 1 Felony: 4 – 15 years: Up to $250,000: 15 – 99 12 – 50 years: 900 grams or more: Class X Felony: 15 – 60 years: Cannabis (Marijuana) Illinois Sentencing Guidelines – Possession of Cannabis with Intent to Manufacture or a misdemeanor or felony conviction for drug possession with intent to deliver or manufacture can have Is Possession of Meth a Felony in Illinois? Class 1: 4 to 15 years: $25,000: 100 to 400 grams: Class X: 6 to 30 years: $100,000: 400 to 900 grams: Class X: 8 to 40 years: $200,000: 900 or more grams: Navigating Comprehensive Guide to Illinois Drug Possession Laws – 720 ILCS 570/402. After an effective date of January 1, 2020, this Act adjusted and reclassified the Illinois legal approach to aggravated battery offenses (720 ILCS 5/12-3. The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. There are other consequences you face if convicted of marijuana possession: Drug addiction classes; Many hours of community service; Misdemeanor or If you have been arrested for marijuana possession in Illinois, you face serious problems. Under 15 grams (Class 4 felony) Between one to three years in prison and a fine of up to $25,000; Between 15 and 99 grams (Class 1 felony): Between four to 15 years in prison; Between 100 and 399 grams (Class 1 felony): Between six to 30 years in prison However, convicted felons will still receive a permanent criminal record and prison sentences. Smaller amounts can result in a Class 4 felony, with 1 to 3 years What is a Class 4 felony drug possession in Illinois? Possession of cocaine or heroin is a Class 4 felony as long as the weight of the substance is less than 15 grams. It would also reclassify some low-level drug dealing offenses as Penalties for Possession of Heroin Under Illinois Law. For example, in Illinois, possession of less than 1 gram of cocaine or heroin or morphine is a Class 4 felony, with a sentence of probation or 1 to 3 years in jail. First, many are Over 5,000 grams is a Class 1 felony punishable by a fine up to $25,000 and 4 to 30 years in jail, with 4 years being the mandatory minimum sentence. November 30, 2024 - The Illinois State Police (ISP) Blackhawk Area Task Force and 36-year-old Manpreet Singh from Ontario, Canada, for Possession of Cocaine (Class X Felony), Possession with Intent to Deliver Cocaine (Class X Felony), and Cocaine Trafficking There are many different types of felonies recognized in the state of Illinois. Generally, the penalties are as follows: Less than 15 Grams of Heroin, Cocaine, or LSD: Possession is typically charged as a Class 4 felony, carrying a potential prison sentence of 1 to 3 years and fines of up to $25,000. You are an honorably discharged veteran who has been convicted of certain Class 3 or 4 felonies and has received a Certificate of Expungement for Military from the Illinois Prisoner Review Board. The penalty for these drug crimes depends on several factors, such as the amount of cocaine (by weight), prior criminal record, and other aggravating factors. Possession crimes involving any other controlled substance are also Class 4 felonies. 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 See more Explore the laws, penalties, and future implications of Class 4 felony drug possession in Illinois, including legal defenses and mitigating factors. The long-term effects on your life of having a drug possession conviction are no trifling matter, park, courthouse, or public housing project is charged as a Class 3 felony; Possession in any establishment that sells alcoholic beverages is a Class 4 felony; A second offense will be charged as a Class 3 felony; If you serve/sell a minor alcohol and great bodily injury or death occurs because of it, it is a Class 4 felony. Back to Criminal Law. For example, if authorities catch you with less than 200 grams, it’s considered a Class 4 felony, which means you can be sentenced to 1 to 3 years in prison. Possession of a drug product containing dextromethorphan in violation of this Act is a Class 4 felony. IF POSSESSION OR SALE OF ANY DRUG IS WITHIN 1500 FEET OF A SCHOOL, CHURCH, Possession is a Class B misdemeanor for 10-30 grams, a Class A misdemeanor for 30-100 grams, and a Class 4 felony for 100-500 grams. What you need to remember is that drug possession is almost always a felony under Illinois law, with some exceptions. 05 of the Criminal Code of 2012 Class 3 felony possession of methamphetamine if evidence for the Class 3 felony possession charge was acquired as a result of the person seeking or What is a Class 4 felony drug possession in Illinois? Possession of cocaine or heroin is a Class 4 felony as long as the weight of the substance is less than 15 grams. In other words, pot possession is treated differently than all other illegal drugs, which are regarded as controlled substances. You will need to file a Motion to Vacate and Expunge in this situation. 3939. 1 criminal drug trafficking in Illinois is generally a Class X felony. 9 grams or less of meth, this is considered a class 3 felony, carrying between 2-5 years in prison and fines up to $25,000. Under Illinios law, you may be convicted of a Class 4 felony, punishable by one to three years in prison, if you possess any key, tool, instrument, device or explosive suitable for breaking into a building or motor vehicle or any place intended for . See the chart below to see where it falls within the Illinois felony classification system. Class 4 offenses — Usually, possession of a controlled substance is a felony offense in Illinois and ranges from a Class 4 Felony to a Class X Felony. This includes: Possession of Cannabis Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia commits a Class 4 felony for which a minimum fine of $1,000 for each such item shall be imposed. If convicted for possession of 4. Class 3 felonies carry between two and five years in prison. NOTE: This article includes refreshed content to account for updates to Illinois law since passage of Public Act 101-223. Class 4 Felony – Small amounts of some schedule 1 and 2 drugs in your possession may qualify as a Class 4 felony, which carries a penalty of 1-3 years in prison, as well as fines up to $25,000. 28 percent of people who entered Illinois prisons in 2016 were admitted for a Class 4 felony — the state’s least serious felony classification, which includes nonviolent drug possession and theft crimes. Next Battery Charges on Kansas Law Enforcement Officers Explained. A Here is What You Need to Know About Cocaine Possession. Illinois has drug laws that run the gamut, from misdemeanor crimes to the most serious of felonies, known as Class X felonies. If convicted for possession of between 5 to 14. Find a Lawyer. 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 Our Peoria criminal defense lawyer discusses defending against class "4" felony charges in the state of Illinois. Probation is possible. See Section 20 of the Drug Court Is acid illegal in Illinois? LSD Possession: This is a Class 1 Felony, punishable by up to $200,000 in fines and imprisonment as follows: 15g-99g: Between 4-15 years in prison. Illinois Compiled Statutes Table of Contents. 309. 2; Class 4 Felony Drug Cases. 2-5 years in state penitentiary and/or same fine as a Class 4 Felony; Over 2,000 grams but less than 5,000 grams Possession of Cannabis (2nd Offense) (100 to 500 grams) – 720 ILCS 550/4(d) Possession of Methamphetamine – 720 ILCS 5/19-1(b) Unauthorized Possession of Prescription Form (2nd Offense) – 720 ILCS 570/406. For less than 15 grams, it is considered a Class 4 felony, punishable by one to three years in prison and fines up to $25,000. Second offense: Class 4 felony. 56 1/2, par. 5000+ grams: Class 1 felony; 4 For example, a felony Class 4 conviction for possession of a controlled substance. However, the weight thresholds for a Class I felony are higher than for the three drugs listed above. This is the Illinois version. Illinois law is no different. Some Class 2’s and Class 1’s can be sentenced to 6-30 years if the defendant qualifies. 5-50 (730 ILCS 5/5-4. If decriminalization isn’t adopted, Illinois should at least create a threshold necessary to trigger felony drug possession, effectively making possession of certain controlled substances below that threshold a Class A misdemeanor offense. If you face a drug paraphernalia charge with the intent to consume narcotics, it is a Class A misdemeanor, which carries up to a year in jail and $2,500 in fines. Class 4 Felony: Possession Possession of drugs such as cocaine, heroin, or methamphetamine is classified as a felony. About. Under 720 ILCS 570/401. LegalClarity Illinois. Class 3 Felonies in Illinois. SENTENCING FINES; 1 – 14 grams: Class 4 Felony: 1 – 3 years: Up to $25,000: 15 – 99 grams: Class 1 Felony: 4 – 15 years: Up to $200,000: 100 – 399 grams: Class 1 Felony: a misdemeanor or felony conviction for drug possession can have a negative and long-lasting impact on your Between three to seven years in state prison and/or up to a $25,000 fine for possession of more than 2,000 grams but less than 5,000 grams (Class 4 Felony) Between four to 15 years in state prison and/or up to a $25,000 fine for possession of more than 5,000 grams (Class 1 Felony) Decriminalizing the possession of small amounts of controlled substances for personal use. Skip to main content Skip to AI Virtual Agent. (a) Any person who violates this Section with respect to the following controlled or counterfeit substances and amounts, notwithstanding any of the provisions of subsections (c) and (d) to the contrary, is guilty of a Class 1 felony and shall, if sentenced to a term of imprisonment, be sentenced as provided in this subsection (a) and fined as provided in subsection (b): Can Peoria Residents Go To Prison For A First-Offense IL. If you possess 5 to 15 grams, then it is a class 2 felony. Translate this However, some Class 4 felony drug charges allow the court to sentence the defendant to probation and a substance abuse treatment program. Marijuana Possession Laws in Illinois Posted on October 11, 2018 in Drug Charges. 701) Sec. Possession of 0-200 grams of psilocybin mushrooms, peyote, or mescaline is a Class 4 felony, punishable by 1-3 years in prison under 720 ILCS 570/402 A first offense of stalking is a Class 4 felony in Illinois and it carries potential prison time of one to three years and/or a fine of up to $25,000. The penalties for possession of a controlled substance in Illinois vary based on the type and quantity of the drug involved. The Offender Initiative Program Under Illinois law, a person who is charged with a felony – but has no criminal background – can benefit from a state program that allows for dismissal. However, there is more to the story. 402 Offense Date : 7/20/2022 Case #: 21CM140 Warrantless/On-View Arrested on: Class A Misdemeanor Possession of Drug Paraphernalia. Class 1 felony. Illinois Misdemeanor Classification System In some situations, possession of drug paraphernalia can be charged as a felony – specifically if the offender was selling drugs, and they used the paraphernalia to do so. drug possession of a controlled substance, driving on a revoked driver Drug offenses frequently fall under the Class 3 felony category, particularly those involving controlled substances. Of those convicted of a Class 4 felony firearm possession offense, 74% were 18-24 year offenses if the defendant has been previously convicted of a “felony drug offense. What is an Illinois Class “4” felony? Handling a first-offense Class “4” felony; Possible sentences for Class “4” felonies; There are multiple reasons why I considered it important to address these topics. 1, 11-20. Explore Illinois drug possession laws and penalties, including marijuana reforms, controlled substance charges, and manufacturing offenses. Illinois divides unlawful possession felony offense into five classes: Class X felony. You need to have at least 200 grams of these drugs to be charged with a Class I felony and to face 4-15 years in prison. The extended sentencing range for a class 3 felony retail theft is 2 to 10 years IDOC (730 ILCS 5/5-4. Possession of any controlled substance with a total weight of less than 15 grams is a Class 4 felony with a penalty of 1-3 years in the Department of Corrections and a possible fine of up to $25,000. 160 BAC and above mandatory minimum fine of $2,500. The severity of penalties for pot possession is based on the quantity of the drug in your possession when you are arrested. Some common crimes that fall within the Class 4 Felony classification in Illinois are: Narcotic drugs Class 4 felony Generally 1. or 60 of this Act or Section 3. Aboutarrow_drop_down. Possessing a controlled substance not more than Class 4 Felony: Possession of a small amount of a Schedule I or II controlled substance. Read the code on FindLaw A person commits possession of stolen or fraudulently obtained checks when he or she possesses, exceeds $150, is a Class 4 felony. (h) DRUG COURT. Even a first offense which is a Class X felony results in prison time. 5 years presumptive) for first offenders; up to $150,000 fine The Idaho Judicial Branch provides information about the treatment courts in the state, which include the drug courts. The sentence of imprisonment for an extended term Class 4 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 3 years and not more than 6 years. A Chicago man recently pled guilty to an armed robbery that will now put him in jail for 20 years. All Class X felony There are federal laws against drugs, but these cases are handled at the state level most of the time. As of April 2021, there were 231 active participants; a majority of participants were White males with a Class 4 felony drug possession charge. Find a Lawyer The State of Illinois classifies all controlled substance manufacture-related offenses as Class 4 felony offenses, punishable by a Illinois Drug Possession Laws; Illinois Drug Distribution Laws; This includes trafficking in marijuana or possession of methamphetamines. Why so long? Because armed robbery is a Class X felony in the state. Drug possession cases classified as Class 1 felonies are the most severe. pxcnusp jhloez mzojj khuicmi aash cmhyi apy iwejow zodcjf pgz