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

 Posted on September 04, 2015 in Criminal Law

Illinois 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