Belleville Felony Criminal Defense Lawyer

What is a Felony?

Under Illinois law, a crime is considered a felony if it is punishable by at least one year in state prison (crimes that warrant the death penalty are also considered felonious offenses). The consequences of a felony conviction are all harsh and vary depending on the class of felony.

Illinois Felony Classifications

Felony classes and penalties in Illinois include:

• First-degree murder – In Illinois, first-degree murder is a separate class. First-degree murder convictions come with prison time of 20-60 years. In some cases, first-degree murder can even land you on death row. 720 Ill. Comp. Stat. § 5/9-1; 730 Ill. Comp. Stat. § 5/5-4.5-20.
• Class X – Class X felonies include firing a weapon during an aggravated battery, committing a felony with a firearm, home invasion with a firearm or other dangerous weapon, participation in manufacture of methamphetamine (must be ≥15g to be considered in Class X). Class X felonies warrant 6-30 years in prison and 3 years of mandatory supervision after release. 730 Ill. Comp. Stat. § 5/5-4.5-25.
• Class 1 – Class 1 felonies include burglarizing a home, school, or house of worship, second-degree murder, and sexual assault. Class 1 felonies warrant 4-15 years in prison, 2 years of mandatory supervision thereafter, and probation or conditional release for 4 years, if applicable. 720 Ill. Comp. Stat. §§ 5/9-2, 5/11-1.20, 5/19-1, 5/19-3.
• Class 2 – Class 2 felonies include aggravated domestic battery, unlawful attempt to purchase (or actual purchase) of a firearm, and robbery. Class 2 felonies warrant 3-7 years in prison and 2 years of mandatory supervision thereafter. 720 Ill. Comp. Stat. §§ 5/12-3/3, 5/18-1, 5/24-3.5.
• Class 3 – Class 3 felonies include aggravated battery on private property or in dedicated religious spaces; aggravated battery against elderly people, women who are pregnant, or school teachers; theft of property worth between $500 and $10K; and having ≤5g of methamphetamine in one’s possession. Class 3 felonies warrant 2-5 years in prison and only 1 year of mandatory supervision after release, with the potential for periodic imprisonment and probation thereafter. 720 Ill. Comp. Stat. §§ 5/12-3.05, 5/16-1, 646/60.
• Class 4 – Class 4 felonies include credit card fraud, identity theft, theft of property valued at ≥$300, selling stolen property of the same value, unauthorized possession of a prescription form that is empty or has been changed in some way, and using another person’s credit or debit card without the owner’s permission. Class 4 felonies warrant 1-3 years in prison, 1 year of mandatory supervision after release, periodic imprisonment after release, and a maximum of 30 months of probation or another form of conditional release. 720 Ill. Comp. Stat. §§ 5/16-30, 5/16-40, 5/17-38, 570/406.2.