What happens if I am charged with a felony in Illinois?

In Illinois, felonies are classified as those crimes that are punishable by a term of one year or more in state prison. (720 Ill. Comp. Stat. § 5/2-7.)

Felonies in Illinois (other than first degree murder) are designated by class, including:

• Class X felonies
• Class 1 felonies
• Class 2 felonies
• Class 3 felonies, and
• Class 4 felonies.

(730 Ill. Comp. Stat. § 5/5-4.5-10.)

Murder in Illinois is punishable by life imprisonment, or a prison term of four to 100 years.

(730 Ill. Comp. Stat. §§ 5/5-4.5-20, 5-4.5-30.)

Extended Terms

Judges may sentence defendants to longer terms (called extended terms) if certain aggravating factors are present. There are many, many aggravating factors that can result in an extended term. A few examples of aggravating factors include:

• any prior criminal conviction by the defendant
• that the crime was a hate crime, or
• that the victim was over the age of 60.

(730 Ill. Comp. Stat. §§ 5/5-5-3.2, 5/5-8-2.)

Class X Felony

Class X is the most serious class of felonies, and a class X felony is punishable by six to 30 years’ imprisonment. An extended term class X felony is punishable by 30 to 60 years in prison.

(730 Ill. Comp. Stat. § 5/5-4.5-25.)

Class 1 Felony

A class 1 felony is punishable by four to 15 years in prison. An extended term class 1 felony is punishable by 15 to 30 years. (730 Ill. Comp. Stat. § 5/5-4.5-30.)

Class 2 Felony

In Illinois, conviction for a class 2 felony can result in a prison term of three to seven years, or seven to 14 years for an extended term. (730 Ill. Comp. Stat. § 5/5-4.5-35.)

Class 3 Felony

Under Illinois’s laws, a class 3 felony is punishable by two to five years’ imprisonment, while an extended term class 3 felony is punishable by five to ten years in prison. (730 Ill. Comp. Stat. § 5/5-4.5-40.)

Class 4 Felony

Finally, a class 4 felony is punishable by one to three years in prison. An extended term class 4 felony is punishable by three to six years in prison. (730 Ill. Comp. Stat. § 5/5-4.5-45.)

Fines and Restitution

In addition to a term of imprisonment, felonies are also punishable by a fine of up to $25,000. Defendants may also be required to pay restitution to their victims for any costs incurred by the victim as a result of the crime.

For example, a defendant who injures someone may have to pay the person’s medical bills as restitution. (730 Ill. Comp. Stat. §§ 5/5-4.5-15, 5/5-4.5-50.)

Statutes of Limitations

A statute of limitations is a time limit after which criminal prosecution is not permitted. The most serious crimes (such as murder and some sex crimes against children) do not have statutes of limitations.