Search

Criminal Procedures

DUI

Criminal Charges

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

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

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

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)

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)

—

For more information on Illinois criminal laws, here is a direct link to Illinois’ Criminal Code. But it is not exactly easy reading!