Sentencing Guidelines and Ranges in Illinois

Sentencing laws in Illinois can be pretty confusing and complicated for folks facing criminal charges. As someone who’s gone through the system myself back when I was younger, I totally get it. The stakes are high and you want to understand what you might be facing if convicted. I’m hoping this article can break things down in a simple way and give you a good overview of how sentencing works here in the Land of Lincoln.

Felony Classifications

First up, let’s talk felonies. Felonies are the more serious criminal charges like robbery, aggravated assault, drug trafficking, etc. There’s a whole bunch of different felony classes in Illinois:

• Class X – 6 to 30 years in prison
• Class 1 – 4 to 15 years in prison
• Class 2 – 3 to 7 years in prison
• Class 3 – 2 to 5 years in prison
• Class 4 – 1 to 3 years in prison

The higher the class, the more serious the felony. Class X is reserved for real violent crimes like murder. The lowest class felonies might be something like simple drug possession charges.

Now those ranges I listed are the standard sentencing ranges. But there’s things called “extended term” sentences that can double the amount of time if certain factors are present. I’ll get into those later.

There’s also something called “mandatory X” sentencing in Illinois. That’s when a Class 1 or 2 felony gets automatically bumped up to a Class X. The main way this happens is if someone has prior convictions. Like if you get convicted of a Class 2 felony but already have 2 prior Class 2 felonies, then that new case becomes a Class X with 6 to 30 years in prison.

Misdemeanor Classifications

Misdemeanors are less serious crimes than felonies. The classes and sentencing ranges for misdemeanors are:

• Class A – Less than 1 year in jail
• Class B – Up to 6 months in jail
• Class C – Up to 30 days in jail

Just like with felonies, prior convictions can bump misdemeanors up to more serious classes. And certain circumstances like committing the crime in a school zone can turn a misdemeanor into a felony.

Aggravating Factors

Aggravating factors are things that, if present in a case, can justify longer sentences. Some examples of aggravating factors are:

• Causing serious harm or injury
• Having a history of prior convictions
• Committing the crime for money or compensation
• The victim being elderly or disabled
• Gang involvement
• Possession of a weapon during the crime

If aggravating factors are present, a judge can hand down an “extended term” sentence, which is double the standard range.

So for example, a Class 3 felony normally has a sentencing range of 2 to 5 years. But with aggravating factors, the extended term would be 5 to 10 years.

Mitigating Factors

On the flip side, mitigating factors are details about the case or defendant that may justify a more lenient sentence. Some mitigating factors are:

• The defendant has mental health issues
• The defendant was under duress or coercion
• The defendant has dependents who rely on them
• The defendant has a lack of prior criminal history
• The defendant is remorseful

The presence of mitigating factors allows the judge to sentence on the lower end of the standard range or even give probation instead of jail time.

Probation

Probation is when a judge sentences a defendant to supervision instead of incarceration. The defendant has to check in regularly with a probation officer and follow certain conditions instead of going to jail.

The maximum probation terms in Illinois are:

• Felony – 4 years
• Misdemeanor – 2 years

Certain charges like DUIs often result in probation and suspended licenses rather than jail time, especially for first offenses.

Alternative Sentencing

Besides just probation, Illinois courts can also impose alternative sentences like:

• Home confinement – Defendant is restricted to their home instead of jail
• Work release – Defendant is allowed to work but must return to jail overnight
• Periodic imprisonment – Defendant serves jail time in “chunks” but is released in between

These alternatives allow judges to give less harsh sentences in appropriate cases.

Fines

In addition to incarceration, probation, or alternative sentences, courts can impose fines on defendants. The maximum fines are:

• Felonies – $25,000
• Misdemeanors – $2,500

Fines are pretty common in drug possession, DUI, and other non-violent cases.

Sentencing Enhancements

There are certain crimes in Illinois that carry mandatory enhanced penalties or even mandatory minimum sentences. Some of these include:

• Gun charges – Felons possessing firearms or using guns in crimes
• Sex offenses – Sex crimes against children under 13
• Drug offenses – Selling drugs near schools or public housing
• DUI casualties – Getting in a deadly DUI accident

So for example, armed robbery normally carries 4 to 15 years as a Class X felony. But armed robbery with a firearm has a mandatory 15 year enhancement, bringing the range to 15 to 30 years.

Sentencing Hearings

After a defendant is convicted, the judge will hold a sentencing hearing before imposing the final sentence. This allows both sides to present aggravating and mitigating evidence to argue for harsher or more lenient sentences.

Things like victim impact statements and testimony about the defendant’s character and background will be considered. Both sides can also file sentencing motions prior to the hearing arguing for certain outcomes.

The judge will consider all the evidence and arguments before handing down the sentence. Defendants are allowed to address the court and make statements on their own behalf at sentencing hearings as well.

Appeals

A defendant can appeal their conviction, but they can also appeal their sentence if they feel the judge abused their discretion. However, appeals courts give broad deference to trial judges in sentencing matters.

The sentence would have to be excessively harsh compared to the crime or represent a misapplication of the sentencing laws for an appeals court to overturn it. And they can also uphold the sentence but order a new sentencing hearing if the proper procedures weren’t followed.

Getting an Attorney

If you’re facing criminal charges in Illinois, having an experienced criminal defense attorney is crucial for trying to mitigate penalties and get the best possible outcome. A lawyer can help identify mitigating factors and sentencing errors while advocating for the lowest sentence within the guidelines. Don’t go it alone against the power of the government – get counsel on your side today.

So in summary, sentencing in Illinois involves felony classifications, misdemeanor tiers, standard ranges, extended terms, probation options, fines, enhancements, aggravating and mitigating factors, sentencing hearings, and appeals. It’s a complex system, but hopefully this overview helps provide a simple breakdown of how it all works. Let me know if you have any other questions!