Making Drug Charges Worse: Aggravating Factors

 Posted on March 02, 2016 in Criminal Defense

If you are facing drug charges, you are in a difficult spot. However, if your alleged crimes were committed in the wrong place or involved the wrong person, you could be in even worse shape.

Illinois law provides for aggravating factors when it comes to drug crimes, which can make criminal drug charges considerably more serious. When aggravating factors are present in a drug case, penalties become increasingly severe, and sentences can become substantially hefty.

What Are the Worst Aggravating Factors in Illinois?

The aggravating factors for drug charges in Illinois can be broken down into three main groups: to whom you sold drugs, where the drugs were sold, and repeat offenses. Illinois law is very specific regarding what constitutes an aggravating factor in a drug crime.

1. Who is Involved: Selling drugs to minors is the most common aggravating factor in drug crimes. Selling drugs to a person who is under the age of 18 can lead to double the maximum sentence under 720 ILCS 570/407. Similarly, having minors sell drugs for you is another aggravating factor under 720 ILCS 570/407.01 and can lead to triple the maximum sentence. Also, knowingly selling drugs to pregnant women is an aggravating factor in drug cases, under 720 ILCS 570/407.02, which can lead to double the maximum sentence.

2. Where the Sale Took Place: Where the sale of drugs took place can matter when it comes to sentencing for drug crimes. For example, under 720 ILCS 570/407 it is an aggravating factor to sell drugs at or near public schools, public parks, property owned by a public housing agency, places of worship, and places where senior citizens can be found—nursing homes, assisted living facilities and senior centers. This results in a Class X felony, increased jail time, and increased fines. Similarly, under 720 ILCS 570/407 it is an aggravating factor to sell drugs at or near a truck stop or safety rest area.

3. Repeat Offenses: When you are busted for selling drugs a second, third, or any other subsequent time, the fact that you are a repeat offender is an aggravating factor under 720 ILCS 570/408. Repeat offenders face up to double the maximum sentence for their subsequent drug offenses.

Aggravating factors mean that you, as the criminal defendant, are likely to face harsher punishment for your alleged crimes—longer jail times, steeper fines, and more severe penalties. You will need an experienced criminal defense attorney by your side fighting to get your charges reduced or dropped.

Call the Law Offices of Christopher M. Cosley

Drug charges are serious, and drug charges that involve aggravating factors are considerably more serious. If you are facing drug charges with aggravating factors, then you need to speak with a skilled criminal defense lawyer as soon as possible. Please contact a Rolling Meadows drug crimes attorney immediately. Call the Law Offices of Christopher M. Cosley at 847-253-3100 for assistance with your case.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K407

http://www.ilga.gov/legislation/ilcs/documents/072005700K407.1.htm

http://ilga.gov/legislation/ilcs/documents/072005700K407.2.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K407

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K407

http://www.ilga.gov/legislation/ilcs/documents/072005700K408.htm