Hydrocodone, or Vicodin, is considered a Schedule II controlled substance in Illinois, meaning it has a high potential for abuse and dependence. Any possession, sale, manufacture, or distribution of this drug without proper authorization is strictly prohibited by law and can lead to severe penalties. Many people assume that they cannot face severe penalties for a substance that is frequently prescribed by physicians. However, a criminal conviction for a drug crime such as possession of hydrocodone can have life-changing consequences.

If you or someone you love are currently facing criminal charges for possessing or selling hydrocodone, it is important to understand the law, your rights, and the penalties for this offense. Reach out to a criminal defense lawyer to receive personalized guidance.

What are the Criminal Penalties for Vicodin in Illinois?

In Illinois, hydrocodone possession is a Class 4 felony at a minimum if the person allegedly possessing the pills did not have a valid prescription for them. The prison sentence for a Class 4 felony conviction can range from one to three years in prison. Criminal penalties increase if the person possessed large quantities of controlled substances or items used in the distribution of controlled substances, such as baggies, scales, and large quantities of cash. These items may lead to accusations of drug distribution or drug dealing.

Rumors, television crime dramas, and the media have perpetuated many different myths and misunderstandings about the criminal justice system. When someone is arrested on suspicion of a crime, well-meaning but ill-informed friends and family often further complicate the situation by sharing inaccurate information. In this blog, we will explore some of the most common falsehoods about police, arrests, and the criminal justice system.

Myth: Cooperating with Police May Lead to a Lower Sentence

If you have ever been interrogated by police or watched a TV show depicting an interrogation, you may have seen police offering to “help” the defendant in exchange for the defendant’s cooperation. For example, the police may say, “If you answer my questions, I can help you out.” They may imply that confessing will lead to a lower jail sentence or reduced charges. However, police do not have the authority to determine a defendant’s charges or the length of his or her jail sentence. These are just tactics used to get a confession.

Myth: It is Best to Answer Police Questions Fully and Honestly

If you are like most people, you were probably taught that “honesty is the best policy” when you were growing up. However, providing information to the police is one of the worst things you could do after being arrested – even if you are innocent. You have a right to remain silent for a reason.

Any criminal charge can be life-changing, but the criminal penalties and personal consequences associated with violent offenses are especially severe. If you or a loved one were charged with domestic battery, sexual assault, homicide, or another violent offense, the need for strong legal counsel cannot be overstated. Your lawyer can investigate your case and determine the best way to proceed. In some cases, the defendant's best option is to fight the charges at trial and hope for an acquittal. In other cases, it is better to arrange a plea deal or plea bargain. 

What is a Plea Bargain?

A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest to a criminal charge in exchange for a reduced sentence or some other benefit. For example, a prosecutor might agree to reduce a felony charge to a misdemeanor in exchange for a guilty plea. Or, the prosecutor might agree to recommend a reduced sentence in exchange for a guilty plea. 

Plea bargains are not available in every case, and they are not always in the defendant's best interest. In some cases, it is better to take the case to trial. However, plea bargains can be beneficial because they offer the opportunity to resolve the case without going to trial. A plea bargain can also result in a lighter sentence than the defendant would receive if convicted at trial.

Everyone has heard the classic line that “your home is your castle.” This means that your residence is considered sacred, and deserves protection from unwanted intrusion by others. One way Illinois recognizes this right is through its laws against burglary and criminal trespass to a residence. These are both types of unwanted home intrusion. But how are they different?

What is Criminal Trespass to a Residence?

In Illinois law, if you knowingly enter someone else’s home, or stay there without their permission, that is considered “criminal trespass.” The key to charging and proving this criminal offense is intent. For the trespass to be unlawful, the offender must have knowingly entered the property without the owner’s permission or stayed there after knowing that they were unwelcome there.

Accidentally wandering onto someone’s property is not criminal trespass—but intentionally ignoring no trespassing signs or a locked door may be. If the property is unoccupied at the time, this offense is considered a Class A misdemeanor punishable by up to one year in prison, or two years probation with formal supervision. If the home is occupied, it is considered a Class 4 felony punishable by up to three years in prison.

We’ve all heard the phrase “assault and battery,” as though this were a single offense. So you may be surprised that in Illinois, unlike some states, these are actually two different crimes that can be charged separately. Under Illinois law, battery is either conduct causing bodily harm or insulting, provocative, or unwanted physical contact with another person. Assault, on the other hand, is intentional conduct that causes the fear of imminent violence. So while a battery would generally include actual physical contact or injury, an assault would merely be a real or implied threat of physical harm.

Why does this matter? Because in Illinois, even without laying a finger on someone, just threatening them with words or actions until they feared for their safety is a crime that deserves punishment.

For “simple assault,” a Class C misdemeanor, that penalty is a maximum $500 fine and 30 days in jail, along with community service of up to 120 hours. And if you are pointing a gun or knife in a threatening way at the time, then that can up the ante to “aggravated assault.” This can be charged as either a Class A misdemeanor punishable by a year in prison and a $2,500 fine, or a more serious Class 4 felony, which carries the potential for as much as three years in prison and up to a $25,000 fine. (Plus, with any prior convictions for aggravated assault, the prison term can increase to a maximum of three to six years.)