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Illinois Sentencing Cases | The Latest in Illinois Sentencing Decisions
It’s all about the gun-add ons, mandatory X, extended terms, charge enhancements, and consecutive sentences in Illinois criminal courtrooms. Plus, judges are still figuring out what to do with young murder defendants. As usually, cases continue to be remanded for adjustments in fines and costs.
Download Sentencing Case List
I've put together a case list of every Illinois Sentencing case within the last two years. The cases include an in-line summary. You'll have a quick idea if the case is useful to you or not. If it looks interesting, you can click through to the actual case. Download this Recent Sentencing Case List now.
Below you'll find all my most recent Sentencing podcasts and articles...
Rule Of Lenity Explanation
Sometimes when lawyers are trying to make sense of the criminal law two different laws may appear to contradict themselves.
What should happen in those situations?
[Read more…]Class 4 Felony Illinois Lowest Level Felony Offense
In Illinois the lowest level felony offense is a Class 4 Felony. See the chart below to see where it falls within the Illinois felony classification system.
[Read more…]Class 3 Felony Illinois Low Level Offense
In Illinois a Class 3 Felony is considered a low level felony charge. See the chart below to see where it falls within the Illinois felony classification system.
Class | Sentencing Range | Extended Term (if eligible) |
---|---|---|
Class M | 20-60 years | 60-100 years |
Class X | 6-30 years | 30-60 years |
Class 1 | 4-15 years | 15-30 years |
Class 2 | 3-7 years | 7-14 years |
Class 3 | 2-5 years | 5-10 years |
Class 4 | 1-3 years | 3-6 years |
What You Need To Know About A Class 3 Felony Offense In Illinois
A Class 3 Felony is punishable with a minimum term of imprisonment of 2 years up to a maximum of 5 years. See 730 ILCS 5/5-4.5-40.
These offenses are generally probationable.
Extended Term Eligible?
However, a Class 3 Felony charge is potentially eligible for an extended term. If an extended term applies then an individual can be sentenced to a minimum term of imprisonment of 5 years up to a maximum of 10 years.
See the General Illinois Sentencing Index To learn more about extended terms. See also 730 ILCS 5/5-8-2(a), 730 ILCS 5/5-4.5-5, 730 ILCS 5/5-5-3.2(b).
Super Class 3 Felony
In Illinois there are 2 offenses that have “suped-up” minimu and maximum penalties. Lawyers call these super felonies. Below you’ll find the Illinois Super Class 3 Felonies:
Intimidation (2-10) | 720 ILCS 5/12-6(b) |
UUW Felon (2-10) | 720 ILCS 5/24-1.1(e) |
10 Examples Of Common Charges That Are A Class 3 Felony
- Involuntary Manslaughter / Reckless Homicide, 720 ILCS 5/9-3
- Forgery, 720 ILCS 5/17-3
- Aggravated Battery, 720 ILCS 5/12-3.05
- Concealment of Homicidal Death, 720 ILCS 5/9-3.4
- Perjury, 720 ILCS 5/32-2
- Aggravated Stalking, 720 ILCS 5/12-7.4
- Aggravated Unlawful Restraint, 720 ILCS 5/10-3.1
- Possession of Less Than 5 Grams of Meth, 720 ILCS 646/60(1)
- Theft Under $500, 720 ILCS /16-1
- Possession of Cannabis (500 to 2,000 grams), 720 ILCS 550/4(e)
See Also
Class 2 Felony Illinois Mid Level Offense
A Class 2 Felony in Illinois is considered a “mid level” felony. There are more serious charges, and also some less serious classifications.
A person could find themselves vulnerable to a lot of years or it could be treated like a lower class crime. See the chart below to see where an Illinois Class 2 Felony falls within the classification system.
Class | Sentencing Range | Extended Term (if eligible) |
---|---|---|
Class M | 20-60 years | 60-100 years |
Class X | 6-30 years | 30-60 years |
Class 1 | 4-15 years | 15-30 years |
Class 2 | 3-7 years | 7-14 years |
Class 3 | 2-5 years | 5-10 years |
Class 4 | 1-3 years | 3-6 years |
What Is A Class 2 Felony In Illinois?
A Class 2 Felony is punishable with a minimum term of imprisonment of 3 years up to a maximum of 7 years. See 730 ILCS 5/5-4.5-35.
Class 2 Felonies are generally probationable. However, any individual with a criminal history is vulnerable to special sentencing conditions. For instance the Illinois “Mandatory X Law” will treat some Class 2’s like a Class X elevating the sentencing range and making it non probationalbe.
See the General Illinois Sentencing Index to learn more about other applicable enhancements.
Extended Term Eligible?
Any Class 2 Felony charge is potentially eligible for an extended term. If an extended term applies then an individual can be sentenced to a minimum term of imprisonment of 7 years up to a maximum of 14 years.
See also 730 ILCS 5/5-8-2(a), 730 ILCS 5/5-4.5-5, 730 ILCS 5/5-5-3.2(b).
What Is A Super Class 2 Felony?
There are some special Class 2 Felony charges that have their own “suped-up” minimum and maximum penalties.
Below you’ll find a list of Super Class 2 Felonies in Illinois with their corresponding sentencing range:
Reckless Homicide School Zone (3-14) | 720 ILCS 5/9-3(e-2) |
Reckless Homicide School Zone 2+ Victims (6-28) | 720 ILCS 5/9-3(e-3) |
Reckless Homicide Construction Zone (3-14) | 720 ILCS 5/9-3(e-7), (e-12), (e-14) |
Reckless Homicide Construction Zone 2+ (6-28) | 720 ILCS 5/9-3(e-8), (e-12), (e-14) |
Involuntary Manslaughter of Family Member (3-14) | 720 ILCS 5/9-3(f) |
Aggravated DUI Death (3-14) | 625 ILCS 5/11-501(d)(2)(G) |
Aggravated DUI 2+ Deaths (6-28) | 625 ILCS 5/11-501(d)(2)(G) |
UUW Felon Second Conviction (3-14) | 720 ILCS 5/24-1.1(e) |
UUW Felon Forcible Felony, Gun Felony or Class 2 + (3-14) | 720 ILCS 5/24-1.1(e) |
UUW Felon on Parole (3-14) | 720 ILCS 5/24-1.1(e) |
Unlawful Possession of Firearm by Gang Member (3-10) | 720 ILCS 5/24-1.8(b) |
Drug Trafficking (6-14) | 720 ILCS 570/401.1(b)(c) |
10 Examples of Common Charges That Are A Class 2 Felony
- Burglary, 720 ILCS 5/19-1
- Aggravated Criminal Sexual Abuse, 720 ILCS 5/11-1.60
- Robbery, 720 ILCS 5/18-1(a)
- Kidnapping, 720 ILCS 5/10-1
- Arson, 720 ILCS 5/20-1
- Aggravated Domestic Battery, 720 ILCS 5/12-3.3
- Theft Over $500, 720 ILCS 5/16-1
- Delivery of Cannabis (500 to 2,000 grams), 720 ILCS 550/5 (e)
- Possession of Cannabis (2,000 to 5,000 grams), 720 ILCS 550/4(f)
- Possession of Stolen Firearm, 720 ILCS 5/24-3.8