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How Much Time Will I Serve If I am Convicted of a Crime in Illinois?

convicted of a crime, Illinois criminal defense lawyerIllinois separates all crimes into two different categories. Misdemeanors are crimes that are generally less serious than felonies. If you are convicted of a misdemeanor you will be sentenced to a maximum of one year in jail, but may get probation and not serve any time behind bars. If you are convicted of a felony you will be facing more than a year in prison, but depending on the crime, you may be sentenced to a lengthy period of probation instead of prison.

Types of Misdemeanors 

The Illinois Criminal Code has three different types, or categories of misdemeanors. Each category has its own maximum penalties. Class A misdemeanors have the harshest penalties and Class C misdemeanors have the lightest maximum penalties.

Class A Misdemeanor

  • Maximum of 1 year in jail
  • Maximum fine of $2,500
  • Crimes such as DUI, battery, and reckless driving are examples of Class A misdemeanors

Class B Misdemeanor

  • Maximum of 6 months in jail
  • Maximum fine of $1,500
  • Crimes like harassment, criminal trespass, and aggravated speeding, are some examples of Class B misdemeanors

Class C Misdemeanor

  • Maximum of 30 days in jail
  • Maximum fine of $1,500
  • Crimes like assault, possession of less than 2.5 grams of marijuana, and disorderly conduct are examples of Class C misdemeanors

Types of Felonies

The Illinois Criminal Code has five different classes, or categories, of felonies. Class X and Class 1 felonies carry the harshest penalties, while Class 4 felonies carry the lightest penalties.

Class X Felony

  • Minimum of 6 years and maximum of 30 years in prison
  • Probation is not possible instead of jail time
  • Maximum fine of $25,000
  • Examples of Class X felonies are crimes such as aggravated sexual assault, aggravated kidnapping, and home invasion

Class 1 Felony

  • Minimum of 4 years and maximum of 15 years in prison
  • The judge may allow probation instead of jail time
  • Maximum fine of $25,000
  • Examples of Class 1 felonies are crimes like residential burglary, criminal sexual assault, and possession of heroin

Class 2 Felony

  • Minimum of 3 years and maximum of 7 years in prison
  • The judge may allow probation instead of jail time
  • Maximum fine of $25,000
  • Examples of Class 2 felonies are crimes like arson, theft of between $2,000 and $10,000, and possession of between 2,000 to 5,000 grams of marijuana

Class 3 Felony

  • Minimum of 2 years an a maximum of 5 years in prison
  • The judge may allow probation instead of prison
  • Maximum fine of $25,000
  • Examples of Class 3 felonies include crimes like aggravated battery and theft of between $300 and $2,000

Class 4 Felony

  • Minimum of 1 and maximum of 3 years in prison
  • Maximum fine of $25,000
  • The judge may allow probation instead of prison
  • Examples of Class 4 felonies are crimes such as stalking, DUI with a suspended license, and aggravated assault

If you have been charged with any crime, consult with one of our experienced DuPage County criminal defense attorneys right away. Even a criminal conviction for a misdemeanor can have a major impact on your life, including your ability to get a job or find housing. Call the Davi Law Group at 630-580-6373 to schedule a consultation today.

Source:  

http://www.ilga.gov/LEGISLATION/ILCS

Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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