Illinois Criminal Defense Laws
Illinois classifies felonies as Class X (most serious), Class 1, 2, 3, and 4, with misdemeanors classified as Class A, B, and C. The state uses a structured sentencing system with mandatory supervised release (MSR) following prison terms. Illinois has progressive expungement and sealing laws, and DUI penalties escalate significantly with prior offenses — reaching Class X felony status for a sixth offense.
Last verified: 2026-02-25
Statute of Limitations
Murder and certain sexual offenses have no statute of limitations. Class X, 1, 2, 3, and 4 felonies must generally be charged within 3 years. Misdemeanors must be charged within 18 months. Sex offenses against minors may be prosecuted up to 20 years after the victim turns 18.
Key Illinois Statutes
Class X felonies: 6–30 years. Class 1: 4–15 years. Class 2: 3–7 years. Class 3: 2–5 years. Class 4: 1–3 years. Class A misdemeanor: up to 364 days. Class B: up to 6 months. Class C: up to 30 days. Extended terms apply for aggravating factors.
Expungement is available for arrests without conviction and certain acquittals/dismissals. Sealing is available for many non-violent offenses after waiting periods. Illinois has some of the most progressive record-relief laws in the country.
First and second offense: Class A misdemeanor (up to 364 days, $2,500 fine). Third offense: Class 2 felony (3–7 years). Fourth offense: non-probationable Class 2 felony. Fifth offense: non-probationable Class 1 felony (4–15 years). Sixth offense: Class X felony (6–30 years).
Every person charged with an offense has the right to counsel before pleading. A public defender is appointed if the court determines the defendant is indigent, for all cases except fine-only offenses.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Illinois.
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