Illinois Sentencing Ranges

Criminal offenses in Illinois are generally categorized into punishment, or “sentencing” ranges. The main categories of criminal offenses are Felonies, Misdemeanors, and Petty/Business class offenses. Felonies are punishable by a sentence to the Illinois Department of Corrections. Misdemeanors are punishable by a sentence to up to a year in the county jail. Petty and Business Class offenses are punishable by a fine only.

Each offense classification has a “general” sentencing range. However, some specific offenses or incidents, such as murder or the use of a firearm during the commission of an offense may carry different potential penalties.

The statutory authority for sentencing is contained in the unified code of corrections, located at 730 ILCS 5/1 et seq.

Felonies

(730 ILCS 5/5-4.5-10(a))

Felony offenses are divided into first degree murder(as a separate class of felony), Class X, 1, 2, 3, and Class 4 felonies. Class X felonies carry the most severe potential penalties, and Class 4 felonies carry the least severe potential penalties. The maximum permissible fine on most felony crimes in Illinois is $25,000.

First degree murder is punishable by 20 – 60 years in the Illinois Department of Corrections, or up to life without mandatory supervised release (otherwise known as parole) if special extenuating circumstances are found. If mandatory supervised release is permitted, the term shall be for 3 years. Source: 730 ILCS 5/5-4.5-20.

Class X felonies are punishable by 6-30 years in the Illinois Department of Corrections and a 3 year mandatory supervised release period. Probation is not an option for Class X felonies. If an extended term sentence were to apply, the potential term of imprisonment ranges from 30-60 years in the Illinois Department of Corrections. Source: 730 ILCS 5/5-4.5-25.

Class 1 felonies are punishable by 4-15 years in the Illinois Department of Corrections and a 2 year mandatory supervised release period. A probation period of up to 4 years is available for some Class 1 felonies. If an extended term sentence were to apply, the potential term of imprisonment ranges from 15-30 years in the Illinois Department of Corrections. Source: 730 ILCS 5/5-4.5-30.

Class 2 felonies are punishable by 3-7 years in the Illinois Department of Corrections and a 2 year mandatory supervised release period. A probation period of up to 4 years is available for some Class 2 felonies. If an extended term sentence were to apply, the potential term of imprisonment ranges from 7-14 years in the Illinois Department of Corrections. Source: 730 ILCS 5/5-4.5-35.

Class 3 felonies are punishable by 2-5 years in the Illinois Department of Corrections and a 1 year mandatory supervised release period. A probation period of up to 2.5 years is available for most Class 3 felonies. If an extended term sentence were to apply, the potential term of imprisonment ranges from 5-10 years in the Illinois Department of Corrections. Source: 730 ILCS 5/5-4.5-40.

Class 4 felonies are punishable by 1-3 years in the Illinois Department of Corrections and a 1 year mandatory supervised release period. A probation period of up to 2.5 years is available for most class 4 felonies. If an extended term sentence were to apply, the potential term of imprisonment ranges from 3-6 years in the Illinois Department of Corrections. Source: 730 ILCS 5/5-4.5-45.

Misdemeanors

(730 ILCS 5/5-4.5-10(b))

Misdemeanor offenses are divided into Class A, B, and Class C misdemeanors. Class A misdemeanors carry the most severe potential penalties, and Class C misdemeanors carry the least severe potential penalties. The maximum permissible fine on most class A misdemeanors is $2,500. The maximum permissible fine on most class B and class C misdemeanors is $1,500. A probation period of up to 2 years can be imposed on all misdemeanors.

Class A misdemeanors are punishable by a maximum of 1 year in the county jail. Source: 730 ILCS 5/5-4.5-55.

Class B misdemeanors are punishable by a maximum of 6 months in the county jail. Source: 730 ILCS 5/5-4.5-60.

Class C misdemeanors are punishable by a maximum of 1 month in the county jail. Source: 730 ILCS 5/5-4.5-65.

Petty and Business Offenses

(730 ILCS 5/5-4.5-10(c))

Petty offenses are punishable by a fine only. The maximum fine on most petty offenses is $1,000. Business offenses are punishable by a fine up to the amount stated by statute. Source: 730 ILCS 5/5-4.5-75 and 80.

Concurrent or Consecutive Sentences

(730 ILCS 5/5-8-4)

When an Illinois Court imposes an imprisonment sentence upon a criminal defendant, the sentence can be ordered “concurrent” or it can be ordered “consecutive”. A concurrent sentence means the sentences will run at the same time. In other words, the actual amount of time served will be the longest sentence imposed in any of your cases (minus credit for time already served in custody). A consecutive sentence means that the sentences will run one after the other. In other words, if you are sentenced to 1 year and 4 years in the Illinois Department of Corrections, you will serve 1 year, and then after the completion of the 1 year sentence you will serve 4 years.

In most circumstances, the Court will order a sentences to be concurrent. However, in some special circumstances a sentence may, or even must, be ordered consecutively.

Extended Term Sentencing

730 ILCS 5/5-5-3.2 (b)

In some special circumstances, an Illinois Court could sentence a defendant to an “extended term” in the Illinois Department of Corrections. The most common situation in which that arises is if a Defendant has had a felony of the same or greater class of offense within the past 10 years. This sentence is generally within the Court’s discretion.

DISCLAIMER

The information on this page is for INFORMATIONAL PURPOSES ONLY. It does not equal or replace legal consultation with a qualified Illinois criminal defense attorney. The information on this page should not be relied upon as legal advice from the Law Office of Ken Wang LLC. in Naperville, DuPage County, Illinois.