Chicago Criminal Lawyer Blog
Understanding What a Federal Drug Conspiracy Charge Really Means
Being indicted under 21 U.S.C. § 846 in Chicago is one of the most frightening experiences a person can face. Unlike typical state drug charges in Illinois, a federal indictment under this statute means the government believes you were part of an agreement to commit a drug trafficking crime. Federal prosecutors often pursue these cases after long-term investigations across the city, especially in neighborhoods such as Austin, Garfield Park, Englewood, and Little Village where resources are heavily deployed.
Illinois crimes are divided into misdemeanors and felonies under state law. Shoplifting, simple battery, or misdemeanor drug paraphernalia cases in Illinois state court are examples of charges that can be brought as misdemeanors. More serious crimes such as armed robbery, residential burglary, or delivery of controlled substances are state felonies punishable under Illinois statutes like 720 ILCS 570, 720 ILCS 5/19, and 720 ILCS 5/18. Federal conspiracy under 21 U.S.C. § 846 is different. It is neither an Illinois misdemeanor nor an Illinois felony. It is a federal felony offense prosecuted by the United States Attorney’s Office, and it carries penalties that often exceed what someone would face in Illinois court for the same conduct.
