How Much Prison Time Do You Face for a Felony in Illinois? Felony charges in Illinois are bad news. It varies depending on the charge and class, but you can face up to life in prison if you’re convicted. Without an experienced Southern Illinois criminal defense lawyer, you’ll be facing the prosecution alone, outmatched as just one person against the state.
Don’t let that happen to you. If you’ve been charged and are facing an Illinois felony prison sentence, reach out to Combs Waterkotte today. We’re experienced with felony criminal defense in Southern Illinois and are ready to fight for your freedom. Call us now at (314) 900-HELP or reach out online for a free, confidential consultation.
Table of Contents
- Prison Time for Different Felony Classes in Illinois
- First Degree Murder Felony Prison Sentence in Illinois
- Class X Felony Prison Sentence in Illinois
- Class 1 Felony Prison Sentence in Illinois
- Class 2 Felony Prison Sentence in Illinois
- Class 3 Felony Prison Sentence in Illinois
- Class 4 Felony Prison Sentence in Illinois
- Extended-Term Sentences for Illinois Felonies
- How Can I Avoid Prison Time for Felonies in Illinois?
- Avoid Prison Time for Felonies
Prison Time for Different Felony Classes in Illinois
In Illinois, there are six different felony classes. From most to least serious: First Degree Murder (which gets a class to itself), Class X, Class 1, Class 2, Class 3, and Class 4. Each of these has different base sentencing guidelines and may be subject to aggravating factors that can add extensions onto the Illinois felony prison sentence. We’ll overview each of them below.
First Degree Murder Felony Prison Sentence in Illinois
First-degree murder is not included in any of the other felony classes in Illinois. Instead, it’s on its own, sometimes referred to as “Class M.” If you are charged without a murder defense lawyer and convicted, the base sentence ranges from 20 to 60 years in prison.
In Illinois, first-degree murder is defined as either intentionally killing a person, taking actions that have a strong probability of causing death, or committing a “forcible felony” and killing someone in the process. For that final definition, this can also apply if you were committing the felony with other people, and one of them killed someone. This means that even if you didn’t actually do the killing, in Illinois, you can face first-degree murder charges.
To summarize:
- First-degree murder means to either intentionally kill someone, risk killing someone, or kill someone while committing another felony.
- It is in a class all its own in Illinois.
- The base prison sentence for first-degree murder is 20-60 years imprisonment.
Class X Felony Prison Sentence in Illinois
Besides first-degree murder, Class X felonies are the most serious. They include aggravated sexual assault, aggravated DUIs with at least five prior convictions, and several more violent crimes. If you are convicted of a Class X felony in Illinois, you would be facing a base sentencing range of 6-30 years in prison.
To summarize:
- Class X felonies are some of the most serious charges in Illinois.
- Most Class X felonies in Illinois are serious, violent crimes.
- The base prison sentence for a Class X felony is 6-30 years imprisonment.
Class 1 Felony Prison Sentence in Illinois
In Illinois, Class 1 felonies are almost as serious as Class X felonies. In fact, for many Class 1 felonies, they are nearly identical to a Class X felony, except the Class X felony has aggravating factors that can increase the prison time. Examples of Class 1 felonies include carjacking, second-degree murder, and possessing certain drugs (e.g., 15-100 grams of methamphetamine). For a Class 1 felony conviction in Illinois, you would face a base prison sentence of 4-15 years.
To summarize:
- Class 1 felonies are similar to Class X felonies, often without aggravating factors
- They often, but not always, involve violence.
- The base prison sentence for a Class 1 felony is 4-15 years imprisonment.
Class 2 Felony Prison Sentence in Illinois
Class 2 felonies in Illinois vary a lot in what they consist of, though they are still considered grave charges. They include most burglaries, less serious drug charges (e.g., 5-15 grams of methamphetamine), aggravated domestic battery, and possession of a stolen firearm. Illinois Class 2 felonies risk a prison sentence of 3-7 years if convicted.
Similar to above, some actions could be either a Class 2, 1, or X felony, depending on the specifics. For example, while ordinary burglary is a Class 2 felony, burglary of a childcare facility is a Class 1 felony.
To summarize:
- Class 2 felonies vary in scope and may or may not be violent.
- These charges are very serious, and some are related to Class 1 or X felonies.
- The base prison sentence for a Class 2 felony is 3-7 years imprisonment.
Class 3 Felony Prison Sentence in Illinois
Class 3 felonies can be violent, but also include many nonviolent crimes. These include aggravated battery, forgery, and theft of $300-$1000. It’s possible for similar alleged actions to be charged as a Class 3, 2, or 1 felony, depending on the specifics. Illinois sentencing guidelines give Class 3 felonies a 2-5 year prison sentence if convicted.
To summarize:
- Class 3 felonies are often nonviolent, but not always.
- Some actions would be Class 3 felonies, but aggravating factors move them to Class 2.
- The base prison sentence for a Class 3 felony is 2-5 years imprisonment.
Class 4 Felony Prison Sentence in Illinois
Class 4 felonies are the least serious felony class in Illinois, but don’t be fooled. Any felony conviction will still have major consequences, which is why it’s important to work with an experienced Southern Illinois criminal defense lawyer who will fight to have the charges either reduced or dropped.
Class 4 felonies include thefts of less than $300, most aggravated DUIs, and repeat offenses of driving with a revoked license (if it was revoked for a DUI). If an alleged offender is convicted of a Class 4 felony in Illinois, they face a 1-3 year prison sentence.
To summarize:
- Class 4 felonies are the least punishing type of felony in Illinois, but are still very serious.
- They include many nonviolent crimes, and some violent ones.
- The base prison sentence for a Class 4 felony is 1-3 years imprisonment.
Extended-Term Sentences for Illinois Felonies
We talked a lot about base sentences for different felony classifications above, so you may have guessed that it’s possible for some things to change the actual sentence. In Illinois, these are called aggravating factors and can extend the time of a felony conviction prison sentence.
Aggravating Factor Examples:
- Being paid to commit the alleged crime.
- Having a history of prior criminal activity.
- The alleged offense was against someone 60 years old or older.
- The alleged offense took advantage of the community.
Extended-Term Sentences for Each Illinois Felony Class:
- First Degree Murder: 60-100 years or life in prison.
- Class X: 30-60 years in prison.
- Class 1: 15-30 years in prison.
- Class 2: 7-14 years in prison.
- Class 3: 5-10 years in prison.
- Class 4: 3-6 years in prison.
How Can I Avoid Prison Time for Felonies in Illinois?
No matter what class of felony you’re facing, you don’t want to end up in prison. Fortunately, by working with a leading law firm like Combs Waterkotte, it’s possible to avoid prison time. Three main ways to do so are having the charges dropped/dismissed, receiving probation, or negotiating a plea agreement.
Have Your Charges Dropped/Case Dismissed
By working with the right Southern Illinois criminal defense lawyer, it’s possible to argue for your charges to be dropped by the prosecution or dismissed by the court. While this is not always possible, it is the ideal outcome and avoids both prison time and a conviction on your record.
Receive Probation
Illinois’ probation system allows alleged offenders to avoid a prison sentence by instead participating in certain check-ins and programs, as well as adhering to certain restrictions. This will last for a predetermined period of time, but afterwards, there is no prison time. The conviction would still appear on your record, but probation is almost always a better outcome than prison time.
Set Up a Plea Agreement
A skilled Illinois criminal defense attorney will negotiate with the prosecution in an attempt to have your charges reduced. Through a plea agreement, felony charges can potentially be reduced to a misdemeanor, lowering both the prison time and the long-term impacts of a conviction. Sometimes receiving probation can also be a part of a plea agreement.
Avoid Prison Time for Felonies – Call Combs Waterkotte Today
No matter what class of felony or potential sentence you might be facing, you need the help of an experienced Southern Illinois criminal defense attorney to protect your freedom, and you need it fast.
Combs Waterkotte brings top legal representation to your side, from day one until justice is served. We feature:
- Over 60 years of combined legal experience
- More than 10,000 cases handled, many just like yours
- A client-centered approach because you are a human, not a case number
- A defense that is ready to fight for your freedom at trial
We won’t stop until you’ve gotten the justice you deserve. Call now at (314) 900-HELP or contact us online for a free, confidential consultation.