request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

Your Guide to Understanding Class X Felonies in Illinois

Crimes are classified both by the type and the severity of the offense. Felonies are considered more serious than misdemeanors, and in Illinois they typically carry a minimum of one year of incarceration. Even amongst felonies, though, there are degrees of seriousness.

 

Our state has five classes of felonies – Class 4, Class 3, Class 2, Class 1, and Class X. Among these, Class X felonies are the most serious recognized in Illinois with exception to first-degree murder. If convicted of a Class X felony, you are not eligible for probation, and could face a prison term of up to 60 years.

 

Below, we’re going to break down the five classes of Illinois felonies, focusing on Class X felonies and the consequences you could face if convicted of a crime in this category.

 

If you are facing one of these severe charges, your best chance at a positive outcome is to consult with a knowledgeable Chicago criminal defense attorney as soon as possible.

 

Five Classes of Felonies in Illinois

 

In Illinois, there are five classes of felonies, in addition to first-degree murder:

 

  • Class 4: Class 4 felonies are the least-severe, and are punishable by 1-3 years of incarceration, with the possibility of an additional 3-6 years. Class 4 felonies include aggravated assault, unlawful possession of a firearm, domestic battery, stalking, and dog fighting.
  • Class 3: Class 3 felonies are punishable by 2-5 years of incarceration, with a potential extended term of 5-10 years. Common examples of Class 3 felonies include aggravated battery, involuntary manslaughter, perjury, incest, and aggravated stalking.
  • Class 2: A class 2 felony carries a prison sentence of 3-7 years, with a potential extended term of 7-14 years. Common examples of Class 2 felonies are some forms of arson, bribery, aggravated criminal sexual abuse, burglary, and kidnapping.
  • Class 1: A Class 1 felony has a prison sentence of 4-15 years, with a possible extended sentence of 15-30 years. Common Class 1 felonies include residential discharge of a firearm, criminal sexual assault, residential burglary and vehicular hijacking.
  • Class X: This is the most severe class of felony, short of first-degree murder. A Class X felony is punishable by 6-30 years of incarceration, with a possible extended sentence of 30-60 years. Class X felonies are generally aggravated or armed offenses. For example, aggravated arson and armed robbery.

List of Class X Felonies in Illinois

 

Common Class X felonies include:

 

  • Home invasion
  • DUI (sixth or subsequent conviction)
  • Aggravated arson
  • Aggravated battery with a firearm
  • Aggravated battery of a child
  • Aggravated vehicular hijacking
  • Armed robbery
  • Aggravated rape
  • Other sex crimes such as aggravated criminal sexual assault
  • Certain offenses involving possession of a controlled substance with intent to sell (usually a large amount of substance)

The Severity of Illinois Class X Felonies

 

You already know that Class X felonies carry a mandatory penalty of incarceration from six to 30 years, with the possibility of up to 60 years if aggravating factors are present. That’s bad enough.

 

What you might not realize, though, is that they also come with a mandatory supervised release period of at least three years following completion of the sentence. Moreover, if you are convicted of a Class X felony, you cannot be sentenced to probation, regardless of the crime’s circumstances.

 

Also, that six-year minimum sentence is mandatory even for offenders with no prior criminal record. The Department of Corrections cannot release a Class X felony offender on conditional discharge before completion of the minimum sentence.

 

, Your Guide to Understanding Class X Felonies in Illinois

These charges are nothing to mess around with, and they have the potential to wreck your entire life. However, charges for a Class X felony do not equate to a conviction.

 

Depending on the circumstances of the alleged offense, a number of defense strategies may be available to help your case. The trick is in finding the right one for your specific situation and understanding how to effectively use it.

 

 

About the Author:

 

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

 

Our Blog

Are Technical Probation Violations in IL on Hold Right Now?

COVID-19 | Probation Violations

While probation offices across Illinois are closed or operating with fewer employees due to COVID-19, there may be a decrease in technical probation violations resulting in any real punishments.

For many years, criminal justice researchers have gathered a lot of data about whether or not punishments for non-criminal probation violations are helpful to anyone. With many probation offices changing the way they do things during the COVID-19 pandemic, that question is being asked again.

So what is the difference between

[...]

Illinois Prisoners Have Rights — Are They Being Violated?

Prisoners Rights | Early Release | Criminal Defense

Regardless of how a person winds up in prison, all prisoners’ rights are the same. This is true even during the current pandemic or any other natural disaster for that matter.

One of those rights is personal safety. To help protect that right and to prevent further COVID-19 infections in the state prison system, certain inmates are being released early.

The concerted effort, however, has since given way to public questions about precisely who has been released and whether or

[...]
Law Offices of Andrew Weisberg