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Criminal sentencing in Illinois is complicated, involving many requirements and considerations for the court. One thing is sure—when a defendant has prior drug offenses on their record, they are at risk of a much longer sentence. A careful legal defense team will review their client’s record and current situation to understand what is at stake.
Drug Sentencing Laws in Illinois
As in other states, Illinois crimes are divided into felonies (the more serious crimes) and misdemeanors. There are several classes of felony and misdemeanor, ranked by severity. First-degree murder, the most serious, is in a class by itself, followed by felonies of Class X, 1, 2, 3, and 4 (the least severe). Misdemeanors range from Class A to Class C.
In Illinois, drug crimes have a complex sentencing structure that judges must consult when setting terms. State law sets out penalties in two ways. The first is part of the law itself—for drug charges, the Illinois Controlled Substances Act—which sets minimum and maximum penalties for each offense. The second is in Illinois sentencing guidelines, which require the judge to take certain circumstances into account when setting a defendant’s incarceration term and fines.
Prior Offenses in the Controlled Substance Act
In Illinois, the class of the drug crime, as well as the sentence, depends on the amount and the type of the substance involved. However, most drug crimes are felonies, even for simple possession (excepting marijuana and steroids).
The drug law also states overall that anyone convicted of a second or further drug offense in Illinois “may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.” See 720 ILCS § 570/408.
This also applies if the prior drug offense was in another state. Certain charges also have separate, stricter penalties for subsequent offenses.
State Sentencing Guidelines
During the sentencing phase, the judge consults the Illinois sentencing guidelines as well as the drug law. In a felony case, the court will order a presentence report with information on the crime, the victims (if any), and the defendant. 730 ILCS 5/5-3-1.
At the sentencing hearing, the judge must “consider evidence and information offered by the parties in aggravation and mitigation.” See § 5/5-4-1(a)(4). Aggravating circumstances include prior offenses, as well as any compensation received for the crime and any serious harm that the defendant caused or threatened. See § 5/5-3-2.
However, the presentence report should also contain “physical and mental history and condition, family situation and background, economic status, education, occupation and personal habits” as well as “any other matters that the investigatory officer deems relevant or the court directs to be included.” These can present mitigating factors for consideration. Mitigating factors can include:
- Neither causing nor threatening serious harm to others
- Having “led a law-abiding life for a substantial period of time” before the offense
- “Serious mental illness” at the time of the offense
- Seeking emergency medical care for an overdose involved with a drug offense
See § 5/5-3-1.
Sentencing law also provides that when “the offense involves the use or possession of drugs,” the judge has the authority to look past mandatory minimum sentences and “instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate.” See § 5/5-4-1(c-1.5). To do so, the court must find that the sentence “does not pose a risk to public safety” and is in “the interests of justice.” But certain drug offenses do not qualify for this option. See § 5/5-5-3-2(d).
After the court hands down a sentence, a defendant may appeal the sentence itself for a possible reduction. This law is a complex mix of discretion and requirements, and it takes an experienced Illinois defense attorney to understand what a particular judge may or may not decide to do.
Possession: An Example of Sentencing Possibilities
Illinois law can punish simple possession heavily, especially for methamphetamines. Possession offenses also apply to any analog of a drug—that is, chemicals meant to be substantially the same as a banned substance.
For many common street drugs, such as cocaine, possession of less than 15 grams is a Class 4 felony, punishable by 1 to 3 years in prison and a fine of up to $25,000. See 720 ILCS § 570/402(c). First-time drug offenders who violate this statute may be able to serve probation instead. See § 570/410.
However, when the defendant is charged with possession of larger amounts, the offense is a Class 1 felony. See § 570/402(a). The quantities and sentences vary with the drug, but prison terms begin at 4 to 15 years in prison for 15-100 g in possession. The courts can also levy fines of up to the actual street value or $200,000 for possession of more than 100 g of certain drugs.
The drug law allows double sentencing for a prior offender at the same time that the sentencing law permits probation as a penalty. This allows a wide latitude for a judge reviewing the case.
Don’t Navigate This Path Alone
Someone with drug charges in their past needs the assistance of experienced Chicago drug defense attorneys more than anyone—fighters who know the field. If you or your loved one are facing drug charges in the Chicago area, contact our Orland Park office today at (312) 300-2028 to schedule a free case review.
