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730 ILCS 5/5-4.5-40 – Class 3 Felonies; Sentence

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Posted by Christopher Combs on April 24, 2026

730 ILCS 5/5-4.5-40 – Class 3 Felonies; Sentence

This law explains the possible punishments for people convicted of a Class 3 felony in Illinois.

A Class 3 felony is a mid-level crime in Illinois. People convicted of it can face prison time, probation, or other conditions depending on the situation and the court’s decision.

(a) Term: The prison sentence must be between 2 and 5 years. For more serious repeat offenses (called “extended term” cases), the sentence can be 5 to 10 years.

(b) Periodic Imprisonment: A person can get a sentence where they spend part of the time in jail (like nights or weekends) for up to 18 months, depending on the case.

(c) Impact Incarceration: Some people may qualify for a special “boot camp” style program instead of regular prison time, if the court allows.

(d) Probation; Conditional Discharge: The judge can choose to give probation or conditional discharge (a type of supervision) instead of prison, for no longer than 30 months. The court sets the rules the person must follow.

(e) Fine: The court can also order the person to pay a fine based on what the law allows.

(f) Restitution: The person may have to pay money back to cover the victim’s losses.

(g) Concurrent or Consecutive Sentence: The judge decides whether the sentence is served at the same time as another sentence (concurrent) or one after another (consecutive).

(h) Drug Court: Some offenders might be eligible for a special drug treatment court program instead of regular sentencing.

(i) Credit for Home Detention: Time spent on approved home detention before sentencing can count toward the total sentence.

(j) Sentence Credit: In some cases, people can earn time off their sentence for good behavior while in custody.

(k) Electronic Monitoring and Home Detention: Some offenders may qualify to serve part of their sentence at home with electronic monitoring, depending on the rules.

(l) Parole; Mandatory Supervised Release: After prison, the person will be on supervised release (similar to parole) for one year.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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