Illinois Criminal Offense Sentencing Guidelines

 We Serve the 2nd & 3rd Municipal District Courts of Cook County (Skokie & Rolling Meadows)

First Degree Murder
First degree murder is a non-probationable offense, meaning prison is mandatory. It is punishable by 20 - 60 years in the Illinois Department of Corrections (IDOC), or natural life if no death penalty is sought. In cases where a firearm was used in the commission of the offense, the sentencing range is increased by at least 15 years. The prison sentence is served at 100% (no early release) due to Illinois Truth-In-Sentencing Law. No good conduct credit (also called day-for-day or good time) is available. Fine of up to $25,000.

Class X Felony
Non-probationable offense. Sentencing range of 6 - 30 years in IDOC, 30 - 60 for an extended sentence, followed by 3 years of mandatory supervised release (also called parole). Certain Class X felony sex offenses have lifetime mandatory supervised release (parole) in addition to sex offender registration. Boot camp (impact incarceration) is possible, and for first time offenders, boot camp is a common sentence in Cook County. There is a fine of up to $25,000 (additional street value fines for unlawful possession of a controlled substance or cannabis). Sentences are served at 50% or 85% under certain circumstances (e.g., offense involves firearm, criminal sexual assault, etc.). Examples are home invasion, predatory criminal sexual assault, unlawful possession of a controlled substance with intent to deliver (within 1,000 feet of a school, church, or public park), aggravated battery with a firearm, etc.

Class 1 Felony
In Illinois, Class 1 felonies are probationable except for residential burglary and a few other offenses. This class of felony is punishable by 4 - 15 years in the Illinois Department of Corrections, 15 - 30 years if the defendant is extendable, and all prison time is followed by 2 years of mandatory supervised release (parole). Boot camp (impact incarceration) and periodic imprisonment (work release) are possible. Sentence of jail in Cook County Department of Corrections is possible if combined with probation or some other sentence. a fine of up to $25,000. Probation can last for 4 years. Examples include aggravated identity theft, residential burglary, unlawful possession of more than 15 grams of cocaine, aggravated discharge of a firearm, etc.

 

Class 2 Felony

Probationable. The sentencing range for Class 2 felonies is 3 - 7 years in prison, or 7 - 14 for an extended sentence, followed by 2 years of mandatory supervised release (parole). Boot camp (impact incarceration) and periodic imprisonment (work release) are possible. Sentence of jail in Cook County Department of Corrections is possible if combined with probation. Fine of up to $25,000. Probation can last for 4 years. Class 2 felonies include burglary, aggravated DUI (3rd or 4th offense), aggravated battery to a police officer (injury resulting from resisting arrest), etc.

 

Class 3 Felony

Probationable. Punishable by 2 - 5 years in the Illinois Department of Corrections, 5 - 10 for an extended sentence, followed by 1 year of mandatory supervised release (parole). Boot camp (impact incarceration) and periodic imprisonment (work release) are possible. Sentence of jail in Cook County Department of Corrections is possible if combined with probation. Fine of up to $25,000. Probation can last for 2 and 1/2 years. Amending a charge to attempt will reduce Class 3 felony to Class A misdemeanor. Examples include aggravated battery, aggravated driving while suspended or revoked (DUI-based suspension or revocation), aggravated battery, etc.

 

Class 4 Felony

Probationable. Punishable by 1 - 3 years in the Illinois Department of Corrections, 3 - 6 for an extended sentence, followed by 1 year of mandatory supervised release (parole). Boot camp (impact incarceration) and periodic imprisonment (work release) are possible. Sentence of jail in Cook County Department of Corrections is possible if combined with probation. Fine of up to $25,000. Probation can last for 2 and 1/2 years. Amending a charge to attempt will reduce Class 4 felony to Class A misdemeanor. Class 4 felonies are unlawful possession of cannabis with intent to deliver, unlawful possession of a controlled substance, unlawful use of a credit or debit card, criminal trespass to residence, aggravated domestic battery (prior offense), aggravated DUI (no valid driver's license or proof of insurance), obstruction of justice, etc.

Class A Misdemeanor

Probation, conditional discharge, and supervision (except for domestic battery, second DUI, and other offenses). Fine of up to $2,500 as well as restitution (street value fine for unlawful possession of cannabis may apply). County jail sentence in the Cook County Department of Corrections of up to one year (364 days). Usually judges will sentence an offender to community service in the Cook County Sheriff's Work Alternative Program (SWAP). Good behavior allowance (also known as good time or day-for-day) applies unless the offense involves bodily harm, sex offense, or a mandatory minimum sentence (such as driving while license suspended or revoked after DUI). Supervisions can be expunged provided there are no other convictions, and convictions can be sealed under certain circumstances. Examples of Class A misdemeanors are battery, assault, unlawful possession of cannabis, possession of drug paraphernalia, driving under the influence, fleeing and eluding, reckless driving, street racing, driving while suspended, driving on a revoked license, resisting arrest, theft, retail theft, criminal sexual abuse, etc.

Class B Misdemeanor

Probation, conditional discharge, and supervision apply. Fine of up to $1,500, which does not include court costs (e.g., probation fees and SWAP fees), as well as restitution (street value fine for unlawful possession of cannabis may apply). The court is authorized to impose a jail sentence in the Cook County Department of Corrections of up to six months (180 days). Good behavior allowance (also known as good time or day-for-day) applies unless the offense involves bodily harm, sex offense, or a mandatory minimum sentence. Under most circumstances, after a waiting period, supervisions can be expunged provided there are no other convictions, and convictions can be sealed under certain circumstances. Class B misdemeanors include telephone harassment, criminal trespass, unlawful possession of cannabis, etc.

Class C Misdemeanor

Probation, conditional discharge, and supervision are available. The court may impose a fine of up to $1,500 as well as restitution (street value fines for unlawful possession of cannabis may apply). County jail sentence in the Cook County Department of Corrections of up to one month (30 days). Good behavior allowance (also known as good time or day-for-day) applies. Supervisions can be expunged provided there are no other convictions, and convictions can be sealed under certain circumstances. Class C misdemeanors include disorderly conduct and possession of cannabis.

At Gainor & Gosch, PC, we are Cook County criminal attorneys and Chicago defense lawyers focusing on Illinois criminal law, DUI, traffic tickets, juvenile defense, and drivers' license reinstatement. Contact us for a free consult. Illinois felony sentencing statutes & misdemeanor penalty ranges: Class X felony (6-30 years prison), Class 1 felony (4-15 years prison), Class 2 felony (3-7 years prison), Class 3 felony (2-5 years prison), and Class 4 felony criminal offenses (1-3 years prison, but typically results in probation). Illinois Class A misdemeanor offenses may result in probation or conditional discharge and even county jail, while Class B and C usually result in court supervision. Cook County judges prefer SWAP (community service) over jail. Petty and business offenses result in fines only.

We represent clients in all Cook County courthouses, including the Daley Center, 26th Street & California, Skokie, Rolling Meadows, Maywood, Bridgeview, Markham, and Harrison. We also represent clients in DuPage County (Wheaton), McHenry County (Woodstock), Lake County (Waukegan), and Will County (Joliet).