People v. D’Alise, 2022 IL App (2d) 210541 (January). Episode 857 (Duration 9:53)
Also, Illinois courts believe a defendant should not be allowed to profit from his crimes.
[Read more…]The Predicate Offenses in A Home Invasion Are Lesser Included Offenses
People v. Reveles-Cordova, 2020 IL 124797 (November). Episode 832 (Duration 11:44)
Illinois Supreme Court says a home invasion predicated on a rape is a single conviction and the rape, merges, as a lesser-included offense.
[Read more…]Nunc Pro Tunc In Criminal Court
Life Sentence Is Constitutional If You Are A Mentally Disabled Sexual Recidivist
People v. Coty, 2020 IL 123972 (June). Episode 784 (Duration 15:19)
Defendant’s with diminished mental capacity are eligible for life and de facto life sentences.
Read moreRule 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?
Then rule of lenity is applied. So what is the rule of lenity?
Rule Of Lenity
The rule of lenity is:
“The judicial doctrine holding that a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment.”
Black’s Law Dictionary (11th ed. 2019).
The Illinois Supreme Court has stated, “under the rule of lenity, we adopt the more lenient interpretation of a criminal statute when, after consulting traditional canons of statutory construction, we are left with an ambiguous statute.” People v. Gaytan, 2015 IL 116223, ¶ 39, 32 N.E.3d 641.
Example Of The Rule Of Lenity
Consider the case of People v. Rowell, 2020 IL App (4th) 190231 (April). Episode 766 (Duration 5:32) as an example of where the rule lenity was applied.
Defendant was challenging the state’s attempt to sentence her to 180 days i jail. The state said they were merely section 11-501(c)(3) of the Vehicle Code (625 ILCS 5/11-501(c)(3)) which required her to serve a minimum of 180 days’ imprisonment.
Defendant argued the plain language of the statute is permissive rather than mandatory, noting section 11-501(c)(3) lacks words like “mandatory” or “shall” with regard to the six months of imprisonment, which are included elsewhere in section 11-501.
The court had to determine whether the legislature intended section 11-501(c)(3) to require a trial court to impose a minimum of six months’ imprisonment as part of defendant’s sentence.
The Statute At Issue
625 ILCS 5/11-501(c)(3)
At issue in this case was section 11-501(c)(3) of the Vehicle Code (625 ILCS 5/11- 501(c)(3)), which states:
“A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.”
Problems With The Statue
The defense pointed out that the statute did not make use of the words “mandatory” or shall which are the understood terms used to document a required provision.
In different sections of 11-501 the law makers in fact did use the term “mandatory” or “shall” to explicitly say when something is required rather than merely be discreationary.
Finally, the defense could point to more serious DUI charges that don’t require 180 days in jail.
The Prosecution Said
The State noted that defendant already faced the possibility of being sentenced to 364 days in jail, for a Class A misdemeanor conviction.
Thus, the phrase “is subject to 6 months of imprisonment” would be entirely superfluous unless it is interpreted to require 6 months of incarceration.
Holding
While this argument has appeal, we are reluctant to insert the word “mandatory” into the statute where it does not exist.
The court finally pointed to the rule of lenity to rule that the 180 days of jail were not necessarily required.
The court said section 11-501(c)(3) should not be construed to impose a mandatory minimum period of 6 months’ imprisonment. The case was sent back to the trial court for a new sentencing hearing.
Rule Of Lenity Saves This Lady From 180 Days In Jail
People v. Rowell, 2020 IL App (4th) 190231 (April). Episode 766 (Duration 5:32)
Is 6 months jail a mandatory sentencing provision for a DUI when a child is in the car or is it a discretionary sentence?
Read moreStructural Error To Draw A Negative Inference For Refusing To Make A Statement In Allocution
People v. Matute, 2020 IL App (2d) 170786 (February). Episode 757 (Duration 8:05)
Defendant’s chose to not make a sentence in allocution cannot be used against him at sentencing.
Read moreClass 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 You Need To Know About 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 
Strong Arm Robbery 
Cannabis Delivery
- 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
See Also
Class 1 Felony In Illinois Is Serious Trouble
An Illinois Class 1 Felony is a serious 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 1 Felony In Illinois
A Class 1 Felony is punishable with a minimum term of imprisonment of 4 years up to a maximum of 15 years. See 730 ILCS 5/5-4.5-30.
Some Class 1 Felonies are non probationable. See 730 ILCS 5/5-5-3(c)(2)(F). If a defendant has a previous Class 1 Felony conviction within the last 10 years they are not eligible for probation.
Extended Term Eligible?
Any Class 1 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 15 years up to a maximum of 30 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).
The Illinois Super Class 1 Felony
Super Class 1 Felony
There are some special Class 1 Felony charges that have their own “suped-up” minimum and maximum penalties.
Below you’ll find a list of Super Class 1 Felonies in Illinois with their corresponding sentencing range:
| Unlawful Sale of Firearms Near School Second Conviction (5-15) | 720 ILCS 5/24-3(C)(4) |
| Possession of Explosives (4-30) | 720 ILCS 5/20-2(b) |
| Possession of Deadly Substance (4-30) | 720 ILCS 5/29D-15.2(b) |
| Possession 100 g or More But Less Than 400 g of Cocaine (6-30) | 720 ILCS 570/402(a)(2)(B) |
| Possession 400 g or More But Less Than 900 g of Cocaine (8-40) | 720 ILCS 570/402(a)(2)(C) |
| Possession 900 g or More of Cocaine (10-50) | 720 ILCS 570/402(a)(2)(D) |
| Cannabis Trafficking (4-30) | 720 ILCS 550/5.1 |
10 Examples Of Common Charges That Are A Class 1 Felony
- Second Degree Murder, 720 ILCS 5/9-2.
- Criminal Sexual Assault, 720 ILCS 5/11-1.20.
- Possession of a Controlled Substance (15 ILCS 100 grams), 720 ILCS 570/402
- Aggravated Discharge of a Firearm, 720 ILCS 5/24-1.2.
- Residential Burglary, 720 ILCS 5/19-3.
- Possession Of More Than 5,000 grams of Cannabis. 720 ILCS 550/4(g)
- Delivery of 2,000 to 5,000 grams of Cannabis. 720 ILCS 550/5(f)
- Aggravated Robbery, 720 ILCS 5/18-5/18-1(b)
- Vehicular Hijacking, 720 ILCS 5/18-3
- Possession of Child Pornography (Photo), 720 ILCS 5/11-20.1
See Also
How Serious Is A Class X Felony In Illinois?
A Class X felony is the second most serious criminal charge that can be filed against you in Illinois.
The only thing more serious is a murder, which has its own classification.
| 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 X Felony
A Class X in Illinois is punishable with a minimum term of imprisonment of 6 years and maximum of 30 years. See 730 ILCS 5/5-4.5-25.
All Class X’s are non probationable. See 730 ILCS 5/5-5-3(c)(2)(C). That means an individual sentenced on a class X is doing at least 6 years.
Extended Term Eligible?
Any Class X 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 30 years up to a maximum of 60 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).
Illinois Super Class X Felony
There are some special Class X charges that have their own “suped-up” minimum and maximum penalties. Below you’ll find a list of Super Class X felonies with their corresponding sentencing range:
| Predatory CSA (6-60) | 720 ILCS 5/11-1.40(b) |
| Predatory With Great Bodily Harm (50-Life) | 720 ILCS 5/11-1.40(b) |
| Predatory With Drugged Victim (50-60) | 720 ILCS 5/11-1.40(b) |
| Criminal Sexual Assault (Use of Force or Not Understand) & Prior CSA (30-60) | 720 ILCS 5/11-1.20(b)(1)(A) |
| Terrorism Without Death (20-Life) | 720 ILCS 5/29D-14.9(b) |
| Hindering Prosecution of Terrorism (20-Life) | 720 ILCS 5/29D-35(b) |
| Support of Terrorism (9-40) | 720 ILCS 5/29D-29.9(b) |
| Solicitation of Murder (15-30) | 720 ILCS 5/8-1(c) |
| Solicitation of Murder Victim Under 17 (20-60) | 720 ILCS 5/8-1(c) |
| Solicitation of Murder for Hire (20-40) | 720 ILCS 5/8-1.2(b) |
| Solicitation of Murder for Hire Victim Under 17 (25-60) | 720 ILCS 5/8-1.2(b) |
| Attempt 1st° Murder of Cop, Jail Guard, EMT (20-80) | 720 ILCS 5/8-4(c)(1)(A) |
| Drug Induced Homicide (15-30) | 720 ILCS 5/9-3.3(c) |
| Aggravated Vehicular Hijacking Dangerous Weapon (7-30) | 720 ILCS 5/18-4(b) |
| Aggravated Battery Great Bodily Harm Caustic Substance (6-45) | 720 ILCS 5/12-3.05(h) |
| Aggravated Battery Gun With Silencer (12-45) | 720 ILCS 5/12-3.05(h) |
| Aggravated Battery Machine Gun (12-45) | 720 ILCS 5/12-3.05(h) |
| Aggravated Battery With Firearm to Cop, EMT, or Teacher (15-60) | 720 ILCS 5/12-3.05(h) |
| Aggravated Battery to Cop, EMT or Teacher With Machine Gun or Gun With Silencer (20-60) | 720 ILCS 5/12-3.05(h) |
| Aggravated Discharge of Firearm Cop, EMT, EMW, or Teacher (10-45) | 720 ILCS 5/24-1.2(b) |
| Aggravated Discharge Gun With Silencer or Machine Gun at Cop, EMT or EMW (12-50) | 720 ILCS 5/24-1.2-5(b) |
| Unlawful Sale of 11 to 20 Guns Concealable Gun to Minor Within 3 Yrs (6-40) | 720 ILCS 5/24-3(C)(10) |
| Unlawful Sale of 21 to 30 Guns Concealable Gun to Minor Within 4 Yrs (6-50) | 720 ILCS 5/24-3(C)(10) |
| Unlawful Sale of 31 or more Guns Concealable Gun to Minor Within 5 Yrs (6-60) | 720 ILCS 5/24-3(C)(10) |
| Gunrunning 11 to 20 Guns (8-40) | 720 ILCS 5/24-3A(b)(2) |
| Gunrunning more than 20 Guns (10-50) | 720 ILCS 5/24-3A(b)(3) |
| Unlawful Purchase of 6 Guns or More Within 2 Yrs (9-40) | 720 ILCS 5/24-3.5(e)(1)(C) |
| Aggravated Possession of 11 to 20 Stolen Guns Within 3 Yrs (6-40) | 720 ILCS 5/24-3.9(c)(3) |
| Aggravated Possession of 21 to 30 Stolen Guns Within 4 Yrs (6-50) | 720 ILCS 5/24-3.9(c)(4) |
| Aggravated Possession of 30 or more Guns Within 5 Yrs (6-60) | 720 ILCS 5/24-3.9(c)(5) |
| UUW Felon in Prison (12-50) | 720 ILCS 5/24-1.1(e) |
| UUW Felon With Body Armour (10-40) | 720 ILCS 5/24-1.1(e) |
| Armed Violence Category I (concealable gun) Weapon (15-30) | 720 ILCS 5/33A-3(a) |
| Armed Violence Category II (rifle) (10-30) | 720 ILCS 5/33A-3(a-5) |
| Armed Violence Personally Discharging Gun (20-30) | 720 ILCS 5/33A-3(b-5) |
| Armed Violence Personally Discharging Gun Great Bodily Harm (25-40) | 720 ILCS 5/33A-3(b-5) |
| Armed Violence By 3 Time Serious Felon (25-50) | 720 ILCS 5/33A-3(c) |
| Delivery 100 g or More But Less Than 400 g of cocaine (9-40) | 720 ILCS 570/401(a)(2)(B) |
| Delivery 400 g or More But Less Than 900 g of cocaine (12-50) | 720 ILCS 570/401(a)(2)(C) |
| Delivery 900 g or More of cocaine (15-60) | 720 ILCS 570/401(a)(1)(D) |
| RICO (7-30) | 720 ILCS 5/33G-5(a) |
12 Examples Of Common Charges That Are A Class X Felony
- Attempt Murder, 720 ILCS 5/9-1(a), 720 ILCS 5/8-4.
- Aggravated kidnapping, 720 ILCS 5/10-2.
- Aggravated battery with a firearm, 720 ILCS 5/12-4.2(a)(1).
- Home invasion, 720 ILCS 5/19-6.
- Aggravated criminal sexual assault, 720 ILCS 5/12-14.
- Predatory criminal sexual assault of a child (over 17 years of age and victim under 13 years old), 720 ILCS 5/12-14.1(1).
- Armed robbery, 720 ILCS 5/18-2.
- Armed violence, 720 ILCS s5/33A-2.
- Habitual armed criminal, 720 ILCS 5/24-1.7.
- Aggravated vehicular hijacking, 720 ILCS 5/18-4.
- Aggravated arson, 720 ILCS 5/20-1.1.
- Possession of a controlled substance with intent to deliver (such as 15-100 grams or possession with intent to deliver within 1,000 feet of a public park, church, school, or public housing), 720 ILCS 570/401.
See Also
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