Class X Felonies in Illinois

Illinois defense attorney, Illinois criminal law, Illinois criminal lawyer,In Illinois, crimes are categorized based on the type of crime committed and the severity of said crime. Less serious crimes, low-level marijuana possession or reckless driving, for example, are considered misdemeanors, and carry with them a possible punishment of fines and a maximum of one year in jail. Felony charges, on the other hand, result from more serious criminal activity such as stalking, aggravated battery, and criminal sexual assault, and those found guilty of committing a felony will face at least a year in prison. The more serious the felony committed, the harsher the sentence will be, and some felonies even have lengthy required minimum jail sentences. It is important that anyone facing any criminal charges, misdemeanor or felony, seek the help of a qualified Illinois criminal defense attorney.

Felony Categories

Per Illinois law, felonies are broken down into five categories based on the time of incarceration in an Illinois penitentiary. Fines for felonies do vary, but each of the five categories of felony fines is able to be up to $25,000.

First is Class 4 felonies, with a sentence range of one to three years. Examples include stalking, aggravated assault, and possessing between an ounce and a pound of marijuana. Class 3 felonies are more serious and include sentences ranging from two to five years. Class 2 felonies have a minimum sentence of three years and a maximum of seven years. Examples of Class 2 felonies include theft valued between $2,000 to $10,000, arson, and the criminal transmission of HIV. Class 1 felonies are punishable by four to 15 years in Illinois prison and examples include sexual assault and possession of cocaine, LSD, or heroin.

Class X

Class X felonies sit at the top of the list, and aside from first-degree murder, Class X felonies are the most serious felonies resulting from the most serious crimes. Prison sentences for Class X felonies range from six to 30 years, and examples of Class X felonies include armed robbery, home invasion, aggravated kidnapping, aggravated battery with a firearm, and possession of a controlled substance with the intent to distribute. Probation is not allowed in Class X felony cases, meaning that every offender found guilty of a Class X felony will be in jail for their entire prison sentence. The only way probation can be granted is if the charges are amended and the felony is reduced to a Class 1 or lower felony. Due to these harsh requirements, even first-time offenders found guilty of a Class X felony will face at least six years in jail.

Probation is not allowed in Class X felony cases, meaning that every offender found guilty of a Class X felony will be in jail for their entire prison sentence. The only way probation can be granted is if the charges are amended and the felony is reduced to a Class 1 or lower felony. Due to these harsh requirements, even first-time offenders found guilty of a Class X felony will face at least six years in jail.

Aggravating Factors

In Illinois, certain factors present in a case can potentially allow a judge to extend a sentence beyond the maximum limit set based on the type of felony. Class 4 felonies terms, for example, are between one to three years in prison, but aggravating factors could allow a judge to extend the term an additional three to six years. If aggravating factors are present in a Class X felony case, the prison terms can be extended 30 to 60 years. Aggravating factors in Illinois include:

  • If the defendant was paid to commit their crime;
  • If the defendant has past criminal history;
  • If the crime was committed against a handicapped or elderly person;
  • If race or discrimination was the motivation behind the crime; and
  • If serious harm was caused or threatened.

Serious Charges, Serious Representation

Class X felony charges are very serious, and those facing them need the help of an experienced Chicago criminal defense attorney. Call 312-270-0999 to speak to an attorney with the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today. Our team has years of experience defending clients from a variety of criminal charges.

 

Source:

http://www.ilga.gov/commission/lru/2005PFC.pdf

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