Felony Charges

Felony Charges in Illinois: Everything You Need to Know

If you or someone you know is facing felony charges in Illinois, it’s crucial to understand the potential penalties, the types of felonies, and how the legal process works. Felonies are serious criminal offenses that can have long-lasting consequences, including prison sentences, substantial fines, and a permanent criminal record.

This guide provides an overview of felony charges in Illinois, including classifications, examples, penalties, and potential defenses.

What is a Felony in Illinois?

In Illinois, a felony is a criminal offense that carries a punishment of one year or more in prison. Felony charges are more serious than misdemeanors and can result in significant long-term consequences, including imprisonment, large fines, and a permanent criminal record.

Types of Felonies in Illinois

Illinois law classifies felonies into five main categories, known as felony classes. Each class of felony carries different penalties. Here are the main felony classifications in Illinois:

Class X Felonies

Class X felonies are the most serious offenses in Illinois, often involving violent crimes. Examples of Class X felonies include:

• Aggravated Criminal Sexual Assault
• Armed Robbery
• Home Invasion
• Unlawful Sale or Delivery of Firearms
• Possession of a Machine Gun

Penalties for Class X Felonies:

• Prison sentences from 6 to 30 years
• Possible extended sentences for repeat offenders
• Fines of up to $25,000
• After release from prison, a period of MSR (formerly known as parole)

Class 1 Felonies

Class 1 felonies are also very serious and include crimes such as:

• Aggravated Battery (involving great bodily harm, prior convictions, or if committed using a dangerous weapon)
• Theft of Property Over $500
• Aggravated Identity Theft
• Possession of a Firearm by a Felon

Penalties for Class 1 Felonies:

• Prison sentences from 4 to 15 years
• Sometimes probation is available in place of probation
• Fines up to $25,000
• MSR (i.e., parole) after release from prison

Class 2 Felonies

Class 2 felonies can include offenses like:

• Aggravated DUI
• Trafficking cannabis (2000 – 5000 grams)
• Certain Types of Robbery
• Theft of Property valued between $500 and $10,000
• Robbery (without a weapon or serious injury)
• Burglary
• Violations of the Firearm Owners’ Identification Act
• Child Pornography
• Aggravated Criminal Sexual Abuse
• Possession of a Stolen Firearm

Penalties for Class 2 Felonies:

• Prison sentences from 3 to 7 years
• A period of MSR to follow release from prison
• Possibility of probation
• Fines of up to $25,000

Class 3 Felonies

Class 3 felonies generally involve less severe offenses and may include:

• Possession of a Firearm by a Felon
• Possession of cannabis (500 – 2000 grams)
• Possession of methamphetamine (less than 5 grams)
• Involuntary Manslaughter
• Aggravated Assault

Penalties for Class 3 Felonies:

• Prison sentences from 2 to 5 years
• A period of MSR upon release from prison
• Possibly probation
• Fines up to $25,000

Class 4 Felonies

Class 4 felonies are typically the least severe and may include crimes such as:

• Aggravated Domestic Battery (prior conviction)
• Obstruction of justice
• Possession of a Controlled Substance
• Theft of Property Under $500
• Driving on a Revoked License

Penalties for Class 4 Felonies:

• Prison sentences from 1 to 3 years for first-time offenders
• Possible probation and/or community service

Other Felony Offenses in Illinois

While most felonies in Illinois fit into the categories mentioned above, some unique offenses carry enhanced penalties or are subject to specific laws. For example:

• First-degree murder is a Class M felony and can result in life imprisonment. Note that the death penalty has been abolished in Illinois.
• Aggravated felonies: If a felony crime involves certain aggravating factors, such as the use of a weapon or committing the crime against a vulnerable person, the penalties may be more severe.

Sentencing Enhancements for Felony Charges

Illinois law allows for sentencing enhancements, which can increase the penalties for certain felony offenses. Common sentencing enhancements include:

1. Repeat Offenders: Those with prior felony convictions face longer sentences or life imprisonment.
2. Aggravating Factors: Factors like using a firearm, committing the crime against a public official, or causing great bodily harm/disfigurement.

Defenses to Felony Charges in Illinois

If you are facing felony charges in Illinois, there are several potential defenses available, including:

1. Self-defense: Arguing that the crime was committed in response to an immediate threat to your safety.
2. Insufficient evidence: If the prosecution cannot prove your guilt beyond a reasonable doubt.
3. Mistaken identity: Claiming you were wrongly identified as the perpetrator of the crime.
4. Alibi: Presenting evidence that you were not at the scene of the crime.
5. Illegal search and seizure: Arguing that the evidence used against you was obtained in violation of your constitutional rights.
6. Necessity: Arguing that the criminal conduct was necessary to prevent a greater harm.

Consequences of a Felony Conviction in Illinois

A felony conviction in Illinois carries long-term consequences, including:

• Prison time: Felony convictions often result in sentences that involve time in a state prison.
• Fines: Felony offenders can be required to pay significant fines in addition to serving time.
• Permanent criminal record: A felony conviction is permanent and can affect your ability to find employment, secure housing, and pursue other opportunities.
• Loss of civil rights: Felony convictions can result in the loss of voting rights, firearm rights, and eligibility for jury duty.

Contact Us for Help with Felony Charges in Illinois

If you are facing felony charges or seeking to seal or expunge your criminal record, it’s important to consult with a criminal defense attorney. An experienced attorney can help you understand your options, evaluate potential defenses, and guide you through the legal process.