Illinois Criminal Code and Laws
What is a Felony or Misdemeanor Offense in Illinois?
Under Illinois criminal law, felonies are significantly more serious than misdemeanors.
Typically, a conviction on a felony charge carries a jail sentence of more than 1 year. For the most serious violent felonies, the sentences are significantly more, and many offenses have mandatory minimum jail sentences.
Misdemeanor criminal charges are those that have a maximum sentence of 1 year in jail or less, usually with no mandatory minimum jail time for most charges. But you are still at significant risk for a jail sentence for many misdemeanor offenses in Illinois, particularly on a second or greater offense. Felony crimes fall into 5 categories, while misdemeanors are broken into 3 classes.
Felony Penalties in Illinois
The 5 classes of Illinois felonies are as follows:
Class X Felony
- Between 6 and 30 years in State Penitentiary; and/or
- Fine of up to $25,000
- Examples: Aggravated Criminal Sexual Assault
Class 1 Felony
- Between 4 and 15 years in State Penitentiary; and/or
- Fine of up to $25,000
- Examples: Criminal Sexual Assault, Possession of Heroin, Cocaine, LSD
Class 2 Felony
- Between 3 and 7 years in State Penitentiary; and/or
- Fine of up to $25,000
- Examples: Arson
Class 3 Felony
- Between 2 and 5 years in State Penitentiary; and/or
- Fine of up to $25,000
- Examples: Aggravated Battery
Class 4 Felony
- Between 1 and 3 years in State Penitentiary; and/or
- Fine of up to $25,000
- Examples: Aggravated Assault, Stalking
Note: Sentences for Murder convictions differ from felony sentences.
Illinois Misdemeanors Penalties
There are 3 classes of Misdemeanor charges and penalties in Illinois
Class A Misdemeanor
- Up to 1 year in Jail; and/or
- Fine of up to $2,500
- Examples: Battery, DUI, Possession of Marijuana (10-30 grams), Possession of Firearms, Reckless Driving
Class B Misdemeanor
- Up to 6 months in Jail; and/or
- Fine of up to $1,500
- Examples: Possession of Marijuana (2.5-10 grams), Harassment
Class C Misdemeanor
- Up to 30 days in Jail; and/or
- Fine of up to $1,500.
- Examples: Assault, Possession of Marijuana (under 2.5 grams)
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For more information on Illinois criminal laws, here is a direct link to Illinois’ Criminal Code. But it is not exactly easy reading!