Possible Penalties for Class 1 Felony Convictions in Illinois

 Posted on October 26,2023 in Criminal Defense

The Prairie State is no stranger to crime. In the past three decades, there have been 1.5 million offenders charged with a felony in Illinois. 

Illinois classifies felonies based on severity, ranging from a Class 4 felony (least serious) to a Class X felony (most serious).

If you have been charged with a Class 1 felony in Illinois, never wait to seek help from a Chicago criminal defense lawyer. 

Class 1 Felony Crimes in Illinois

A Class 1 felony is the second most serious type of felony in Illinois. The most common type of class 1 felonies in Illinois are:

• Criminal Sexual Assault (known as “rape” in other states)
• Heroin, cocaine, or LSD possession (15-100 grams)
• Methamphetamine possession (15-100 grams)
• Cannabis possession (over 5,000 grams)
• Second-degree murder
• Child pornography

Potential Jail Time and Probation

A class 1 felony carries a prison term between four to fifteen years. However, this does not apply to second-degree murder, which carries a minimum sentence of four years and a maximum of twenty years.

There are certain aggravating factors that would cause a person to serve an extended term, which means the offender will spend between 15 to 30 years in prison.

A few aggravating factors include:

• The defendant has a prior criminal history;
• The defendant’s conduct resulted in serious harm or could have potentially caused serious harm;
• The defendant committed the same offense or a more severe crime within the previous ten years;
• The crime was committed against an elderly person;
• The crime was committed against a disabled person;
• The crime was committed in a church, synagogue, or other place of worship; or
• The defendant was part of an organized gang.

Defendants who are convicted may be able to serve periodic imprisonment, which allows them to serve prison time for their wrongdoing while still being productive members of society. Offenders are released for certain time frames to attend work. Periodic imprisonment is usually reserved for non-violent crimes.

According to Illinois law, Class 1 felony offenders may be placed on probation or conditional discharge for no longer than four years.

Possible Fines 

In Illinois, an individual who is convicted of a felony will have to pay a minimum fine of $75, with a maximum fine of $25,000.

Drug Court Program

A defendant may be eligible to enter into a Drug Court Program. The defendant must agree to enter the program and get court approval. Individuals convicted of a violent crime are excluded from the program.

The Drug Treatment Program is normally between 18 months to two years long. It is a court-monitored program that is overseen by a Drug Treatment Court Judge who will monitor each participant’s progress on a regular basis. 

Program requirements include:

• Residential or outpatient treatment
• Possible recovery home placement
• Regular appointments with social service staff
• Regular status hearings
• Attendance at support group meetings

A dedicated Cook County criminal defense attorney will gather all relevant evidence to find any discrepancies in a police officer’s report or witness testimony. This can help to get your charges reduced or possibly dismissed.

An Aggressive Cook County, IL, Felony Defense Attorney Serving You

When you hire Law Offices of James F. DiQuattro, you can expect aggressive representation. Our Chicago, IL, criminal defense lawyer is committed to helping clients charged with serious felonies, and he will do whatever it takes to achieve the best possible outcome for your case. Contact our office today to schedule your free, no-obligation consultation.