Illinois Felony: Laws, Penalties, Sentencing, and Records

A felony is a serious crime that can lead to a prison sentence of one year or more in a penitentiary. In addition to imprisonment, those convicted of felony offenses may face fines that can reach up to $25,000 or more.

Common examples of felonies include serious crimes against people, like murder, kidnapping, sexual offenses, and aggravated assault. Felonies can also involve crimes against property, such as robbery, burglary, arson, and possession of stolen items. In Illinois, felonies are categorized into five main classes. These include Class X, Class 1, Class 2, Class 3, and Class 4, along with unclassified felonies like first-degree murder.

What Is Considered a Felony in Illinois?

Felonies in Illinois are defined under the Illinois Compiled Statutes (720 ILCS). Common Illinois felonies include:

• Violent Crimes: Murder, manslaughter, aggravated assault, sexual assault, robbery, kidnapping.
• Drug Crimes: Manufacturing, distribution, and trafficking of controlled substances.
• Property Crimes: Arson, burglary, auto theft, theft of property worth $500 or more.
• White-Collar Crimes: Fraud, forgery, identity theft, and embezzlement.
• Weapons Offenses: Unlawful possession of firearms, armed habitual criminal charges.

Misdemeanors can turn into felonies if there are aggravating factors involved. For example:

• Theft that exceeds $500 is usually considered a felony.
• Assault is classified as aggravated assault (a felony) if a deadly weapon is involved or if the victim happens to be a police officer, teacher, or child.

What Is a Felony in Illinois?

In Illinois, a felony is defined as any crime that can lead to a punishment of over one year in the Illinois Department of Corrections. On the other hand, misdemeanors are less serious and can result in penalties of up to one year in county jail.

The consequences of being convicted of a felony in Illinois include:

• Imprisonment ranging from 1 year to life.
• Fines up to $25,000, depending on felony class.
• Loss of rights, including the right to vote while incarcerated.
• Permanent criminal records can affect employment and housing opportunities.

Felony Classes and Penalties in Illinois

Illinois divides felonies into five main classes, plus unclassified felonies such as murder.

Illinois Felony Classes

• First-Degree Murder (Unclassified Felony)
  • Penalty: In Illinois, if someone is convicted of first-degree murder, they have to spend 20 to 60 years in prison.
  • Extended Term: However, in some serious cases, the sentence may be an extended prison term ranging from 60 to 100 years.
  • Life imprisonment is also possible in some instances.
• Class X Felony
  • Class X felony generally includes armed robbery, aggravated criminal sexual assault, and home invasion.
  • Penalty: Anyone convicted of these crimes faces imprisonment ranging from 6 to 30 years in prison.
  • Fine: Offenders may also be required to pay a fine of up to $25,000.
  • Probation is not permitted for Class X felony offenders.
• Class 1 Felony
  • Class 1 felony includes sexual assault, burglary of a residence, and large-scale drug distribution.
  • Penalty: This category of felony attracts a prison sentence of 4 to 15 years.
  • Fine: Offenders may also be required to pay a fine of up to $25,000.
• Class 2 Felony
  • Class 2 felonies include arson, robbery, and certain drug offenses.
  • Penalty: This category of felony attracts a prison sentence of 3 to 7 years.
  • Fine: Offenders may also be required to pay a fine of up to $25,000.
• Class 3 Felony
  • Class 3 felony includes theft between $500 and $10,000, forgery, and aggravated battery.
  • Penalty: Anyone convicted of these crimes faces a prison sentence of 2 to 5 years.
  • Fine: Offenders may also pay a fine of up to $25,000.
• Class 4 Felony
  • This category includes the least severe felony offenses. Class 4 felonies include stalking, possession of small amounts of controlled substances, and aggravated DUI.
  • Penalty: This category of felony carries a potential short prison sentence of 1 to 3 years.
  • Fine: Offenders may also pay a fine of up to $25,000.

Felony Sentencing Guidelines in Illinois

Sentencing in Illinois is determined by criminal statute. However, courts consider aggravating or mitigating factors when deciding on final terms.

Key Sentencing Factors

1. Statutory Ranges: Statutory ranges refer to the mandatory minimum and maximum sentence for each felony offense.
2. Extended Term Sentencing: This type of sentence includes a custodial period and an extended period of license. The additional time on the license in the community will be decided by the judge, depending on how long they think is needed to keep the public safe from serious harm.
3. Mandatory Minimums: This refers to the minimum prison sentence for each category of felony convictions.
4. Aggravating Factors: These are factors that can increase the severity of a felony sentence. Aggravating factors can include crimes against minors or the elderly, prior violent felonies, and the use of weapons.
5. Mitigating Factors: Mitigating factors are conditions that can reduce the severity of a felony sentence. For instance, a court may reduce a felony sentence if the individual is a first-time offender.
6. Habitual Criminal Statute: Individuals who repeatedly commit felonies may face more severe penalties, including life imprisonment.
7. Probation: Certain offenders, particularly those charged with Class 3 and Class 4 felonies, might be eligible for probation.

Felony Laws and Procedures in Major Illinois Cities

Chicago (Cook County)

Felony prosecutions in Chicago are handled by the Cook County Circuit Court. This court has the largest unified court system in the U.S. The Cook County Circuit Court deals withcases ranging from violent gang-related crimes to large-scale fraud. Records can be accessed through the Cook County Clerk of Courts or the Illinois e-Access system.

Springfield (Sangamon County)

Felonies in Springfield are tried in the Seventh Judicial Circuit Court. The court deals with a caseload that includes violent crimes, property offenses, and financial crimes. Records are available through the Sangamon County Clerk’s Office.

Rockford (Winnebago County)

Felonies in Rockford are heard in the Seventeenth Judicial Circuit Court. The court prosecutes drug trafficking and violent offenses. Records can be obtained through the Winnebago County Clerk or state court databases.

How to Search for Felony Records in Illinois

Illinois offers both online and in-person access to felony records.

1. Illinois e-Access Case Lookup

The e-Access system (via the Illinois Courts) allows the public to search for felony case information by name, case number, or attorney. Records typically include:

• Case number and docket details.
• Charges and filing dates.
• Court location.
• Case status and dispositions.

2. Circuit Court Clerk’s Offices

Certified felony records and complete case files must be requested from the Circuit Clerk’s Office in the county where the case was prosecuted.

3. Illinois State Police (ISP)

The ISP Division of Criminal Investigation maintains statewide criminal history records. Official background checks require fingerprinting. The background check will show any felony convictions that the record owner has committed.

4. Local Police Departments

Police departments maintain arrest reports, which may include felony charges. Requests can be made under the Illinois Freedom of Information Act (FOIA), though pending cases may be restricted.

5. Third-Party Background Checks

Private services compile Illinois felony records, but official court and ISP records are the most reliable.

Open vs. Sealed Records

• Open Records: The majority of felony convictions are public information.
• Sealing and Expungement: In Illinois, expungement of specific felony records after a designated waiting period. The waiting period varies depending on the severity of the crime. Violent and sexual felonies generally cannot be expunged.

Why Understanding Felonies in Illinois Matters

Felonies in Illinois have lasting effects that go beyond just serving time and paying fines. They can impact civil rights, job prospects, housing options, and the ability to obtain professional licenses. For individuals, employers, and organizations, it is essential to grasp the felony laws, sentencing guidelines, and how to access records.

In Illinois, felonies are categorized into five classes (X, 1, 2, 3, 4), with punishments varying from 1 year for Class 4 felonies to life in prison for first-degree murder. The sentencing is influenced by legal ranges, factors that can either increase or decrease the sentence, and laws regarding repeat offenders.

You can look up felony records using the Illinois e-Access system, Circuit Court Clerks, or the Illinois State Police, which helps maintain transparency while also permitting some sealing or expungement of records.