In Illinois, the penalties for drug delivery are already severe. Take, for example, the delivery of heroin. If the offense involves 15 grams or more but less than 100 grams, it is a Class X felony penalized by 6 to 30 years of imprisonment. Or, if the crime consisted of delivering 1 gram or more but less than 15 grams of the substance, it is a Class 1 felony punishable by 4 to 15 years of imprisonment and a fine of not more than $250,000.
But did you know that courts can impose even harsher penalties for drug delivery offenses? Various statutes provide that, if aggravating circumstances were present, the defendant may be subject to higher fines, longer or additional terms of imprisonment, and other sanctions.
Below are the sentence enhancements possible when drug delivery is committed under certain circumstances:
Criminal Drug Conspiracy (720 ILCS 570/405)
Criminal drug conspiracy occurs when someone carries out a delivery offense with two or more other people. Additionally, they either obtained anything worth more than $500 or organized, directed, or financed the conspiracy.
Any person found guilty of engaging in a drug delivery conspiracy is subject to the fine and prison term prescribed by law and forfeiture of anything they received as part of the conspiracy. In other words, they are required to hand over to the State of Illinois property deemed to have been associated with the crime.
Drug Delivery Involving Fentanyl (720 ILCS 570/401 (b-1))
If a person delivered a drug laced with fentanyl, they may be subject to an increased prison term or fine. Regardless of the amount of fentanyl the controlled substance contained, 3 years can be added to the sentence and the maximum term is increased by three years.
Delivering a Controlled Substance to a Minor (720 ILCS 570/407 (a)(1)(A))
Any person 18 years of age or older who delivers a drug to someone under 18 years of age will face up to two times the maximum term of imprisonment and up to two times the maximum fine.
Using a Minor to Deliver Drugs (720 ILCS 570/407.1)
The law applies an individual 18 years of age or older who has a person under 18 years of age deliver drugs for them. In this situation, the defendant can be sentenced to a prison term up to triple the maximum for the delivery offense.
Delivery in a Drug-Free Zone (720 ILCS 570/407)
This law applies to violations of subsection (c) of the drug delivery statute. It provides that a defendant could be charged with a Class X felony if they deliver a controlled substance in a prohibited area.
Prohibited areas include:
- In any school, within 500 feet of school property, or on a school bus and the offense is committed when minors are present or are reasonably expected to be so,
- Within 500 feet of a
- Public park,
- Place of worship, or
- Senior citizens facility
As noted above, violations of subsection (c) are Class 1 felonies penalized by 4 to 15 years of imprisonment and/or a fine of up to $250,000. However, the enhancement allows the individual to be sentenced to a prison term of 6 to 30 years and/or a fine of not more than $500,000.
Delivery to a Pregnant Woman (720 ILCS 570/407.2)
If a person knows that the individual they are delivering a controlled substance to is pregnant, they could face up to double the maximum term of imprisonment for the offense.
Using a Firearm During the Commission of a Drug Crime (720 ILCS 5/33A-2)
This law applies to all felonies in general, not just delivery of drug crimes. However, it is still applicable to this discussion, as controlled substance delivery is a felony.
Three instances exist when a person can be charged with and convicted of committing Armed Violence. These include:
- Being armed with a dangerous weapon
- If the firearm was a category I weapon, the defendant will be charged with a Class X felony and face a minimum term of imprisonment of 15 years
- If the firearm was a Category II weapon, the defendant will be charged with a Class X felony and face a minimum term of imprisonment of 10 years
- If the firearm was a Category III weapon, the defendant will be charged with a Class 2 felony
- Discharging a firearm during the offense
- If the firearm was a Category I or II weapon, the defendant will be charged with a Class X felony and face a minimum term of imprisonment of 20 years
- Discharging a firearm and causing great bodily harm, permanent disability, or permanent disfigurement
- If the firearm was a Category I or II weapon, the defendant will be charged with a Class X felony and face 25 to 40 years of imprisonment
Speak with a Criminal Defense Attorney About Your Case
With an experienced and skilled criminal defense lawyer on your side, you can aggressively challenge the drug crime accusation against you and seek to avoid or minimize the associated penalties. At the Law Office of Steven Fine, we are ready to leverage our knowledge and resources to pursue a favorable outcome for you.
Schedule a consultation to discuss your Chicago drug delivery charge by calling us at (312) 436-0638 or contacting us online today.