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Misdemeanor & Felony Penalties in IL

Misdemeanor & Felony Penalties in IL

The following represents the range of penalties that you could be sentenced to. The list starts with the lowest offense of Class C misdemeanor and progresses all the way up to a Class X felony. Misdemeanors could result in county jail while Felonies could result in a sentence to the Illinois Department of Corrections (prison).

CLASS C MISDEMEANOR (EXAMPLES: DISORDERLY CONDUCT, POSSESSION OF LESS THAN 2.5 GRAMS OF CANNABIS):

  • Up to 30 days in the county jail
  • Fines up to $1,500
  • Court supervision, conditional discharge or probation up to 24 months

CLASS B MISDEMEANOR (EXAMPLES: CRIMINAL TRESPASS, POSSESSION OF BETWEEN 2.5 AND 10 GRAMS OF CANNABIS):

  • Up to six months in county jail
  • Fines up to $2,500
  • Court supervision, conditional discharge or probation up to 24 months

CLASS A MISDEMEANOR (EXAMPLES: DUI, RETAIL THEFT UNDER $300 IF NO PRIORS):

  • Up to 364 days in the county jail
  • Fines up to $2,500
  • Court supervision, conditional discharge or probation up to 24 months

CLASS 4 FELONY (EXAMPLE: RETAIL THEFT UNDER 300 WITH PRIOR THEFT CONVICTION):

  • Between 1-3 years in the Illinois Department of Corrections
  • Between 3-6 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 4 or greater within past 10 years)
  • Probation or conditional discharge up to 30 months
  • Fines up to $25,000
  • Mandatory Supervised Release (MSR / parole) of 1 year

 

CLASS 3 FELONY (EXAMPLE: THEFT OVER $500):

  • Between 2-5 years in the Illinois Department of Corrections
  • Between 5-10 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 3 or greater within past 10 years)
  • Probation or conditional discharge up to 48 months
  • Fines up to $25,000
  • MSR 1 year

CLASS 2 FELONY (EXAMPLES: AGGRAVATED DUI, THEFT OVER $10,000):

  • Between 3-7 years in the Illinois Department of Corrections
  • Between 7-14 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 2 or greater within past 10 years)
  • Probation or conditional discharge up to 48 months
  • Fines up to $25,000
  • MSR 2 years

CLASS 1 FELONY:

  • Between 4-15 years in the Illinois Department of Corrections
  • Between 15-30 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 1 or greater within past 10 years)
  • Probation or conditional discharge up to 48 months
  • Fines up to $25,000
  • MSR 2 years

CLASS X FELONY:

  • Between 6-30 years in the Illinois Department of Corrections
  • Between 30-60 years in the Illinois Department of Corrections if you are extended term eligible (previous Class X or greater within past 10 years)
  • Probation not available sentence, mandatory prison if convicted
  • Fines up to $25,000
  • MSR 3 years

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