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Author Topic: Felony Sentencing Guidelines in Illinois  (Read 16207 times)
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Forevermah
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« on: June 15, 2011, 06:45:00 PM »

Felony Sentencing Guidelines in Illinois


First Degree Murder

    The sentence for murder in the first degree is, life in prison without the possibility of parole or 20 to 60 years in prison, depending on the circumstances. The sentence of 20 to 60 years can be increased if the killer had a firearm. A person convicted of first-degree murder is ineligible for probation in lieu of prison and faces a mandatory parole period of three years upon release. The maximum fine is $25,000 plus a surcharge of $3,125.

Second Degree Murder

    The usual prison sentence for murder in the second degree is four to 20 years. A four-year probation term in lieu of prison is an option at the discretion of the judge. The mandatory parole period upon release from prison is two years. The maximum fine is $25,000 plus a surcharge of $3,125.

Class X Felony

    This class of felonies includes aggravated criminal sexual assault, armed robbery and attempted murder. The usual prison sentence is six to 30 years. Anyone convicted of a Class X felony is ineligible for probation in lieu of prison. The mandatory parole period after release from prison is three years. The maximum fine is $25,000 plus surcharges.

Class 1 Felony

    This class of felonies includes criminal sexual assault, residential burglary, possession of heroin or cocaine and theft in the amount of $10,000 to $100,000. The usual prison sentence is four to 15 years. A probation term of up to four years is an option in lieu of prison at the discretion of the judge. The mandatory parole period upon release from prison is two years. The maximum fine is $25,000 plus surcharges.

Class 2 Felony

    This class of felonies includes arson, possession of between 2,000 grams and 5,000 grams of marijuana and theft in the amount of $2,000 to $10,000. The usual prison sentence is three to seven years. The judge has the discretion of setting a probation term of up to four years in lieu of prison. The mandatory parole period upon release from prison is two years. The maximum fine is $25,000 plus surcharges.

Class 3 Felony

    This class of felonies includes aggravated battery and theft of between $300 and $2,000. The usual prison sentence is two to five years. The judge can set a probation term of up to 2 1/2 years in lieu of prison. The mandatory parole period upon release from prison is one year. The maximum fine is $25,000 plus surcharges.

Class 4 Felony

    This class of felonies includes aggravated assault, driving while under the influence or with a suspended license, stalking and possession of between 30 grams and 500 grams of marijuana. The usual prison sentence is one to three years. A judge can order a probation term of up to 2 1/2 years in lieu of prison. The mandatory parole period upon release from prison is one year. The maximum fine is $25,000 plus surcharges.



Note:   The judge is not bound by the standard prison terms and can extend them in the case of repeat offenders or if there are extenuating circumstances to the crime


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« Reply #1 on: June 23, 2011, 02:18:06 PM »

If you are a Class 4 felony with poss con sub and the judge ordered you to 1yr prison and 1yr parole, does the 1-3 yr guideline apply if not stated at time of sentence? his possession was 1/10 of a gram/$10 value..I am asking because he recently received a parole tech. violation and was in county for 50 days before Illinois picked him up..he is interstate compact that paroled to a different state which is where he lives. These charges for possession occurred in 2008. Would appreciate any information you have.

Thanks
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bmonska
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« Reply #2 on: June 24, 2011, 12:58:55 AM »

1-3 years is the amount of minimum to maximum time that can be ordered by the judge. So the judge has the discretion of ordering someone to do 2.5 years if he wants to since it falls within the guidelines. That time range is part of the statute for a class 4 sentence. That is the time range that always applies to that particular class of felony. The judge doesn't have to state the guidelines for the guidelines to apply to the sentence though normally they do announce the guidelines most of the time from what I have heard in court during their initial appearance when they are charged so they know what amount of time they may be looking at before entering a plea.
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