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The Criminal Law in the State of Illinois

The Criminal Law in the State of Illinois. A short summary by: Elizabeth M. Webb. The Criminal Law in Illinois. Most Illinois laws which define crimes and their penalties are codified in Chapter 720 of the Illinois Compiled Statutes.

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The Criminal Law in the State of Illinois

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  1. The Criminal Law in the State of Illinois A short summary by: Elizabeth M. Webb

  2. The Criminal Law in Illinois • Most Illinois laws which define crimes and their penalties are codified in Chapter 720 of the Illinois Compiled Statutes. • Crimes are divided into two categories, felonies and misdemeanors • A felony is defined as an offense for which a sentence of death or to a term of imprisonment in a penitentiary for one year or more is provided. • A misdemeanor is defined as an offense for which the term of imprisonment in other than a penitentiary for less than one year may be imposed.

  3. Felony Categories • First Degree Murder • Class X • Class 1 • Class 2 • Class 3 • Class 4

  4. First Degree Murder • Punishable by death or by any term of imprisonment from 20 to 60 years, plus three years of mandatory supervised release

  5. Class X • Punishable by imprisonment of any term from 6 to 30 years, plus three years mandatory supervised release • Examples include: Home Invasion, Aggravated Criminal Sexual Assault, Aggravated Kidnapping for Ransom, Armed Robbery

  6. Class 1 • Punishable by imprisonment for any set term from 4 to 15 years, plus two years mandatory supervised release • Examples include: Second Degree Murder, Vehicular Invasion, Criminal Sexual Assault

  7. Class 2 • Punishable by imprisonment for any set term from 3 to 7 years, plus two years mandatory supervised release • Examples include: Kidnapping, Arson, Burglary, Robbery

  8. Class 3 • Punishable by imprisonment for any set term from2 to 5 years, plus one year mandatory supervised release • Examples include: Aggravated Battery, Syndicated Gambling

  9. Class 4 • Punishable by imprisonment for any set term from 1 to 3 years, plus one year mandatory supervised release • Examples include: Stalking, Possession of Burglary Tools, Possession of Cannabis (>10 grams but not >500 grams)

  10. Misdemeanor Categories • Class A • Class B • Class C

  11. Class A • Punishable by a sentence to a term of up to one year in a prison other than a state penitentiary and/or a maximum fine of $2500. • Examples include: DUI, Prostitution, Battery, Hate Crime, Theft (<$300.), Retail Theft

  12. Class B • Punishable by a sentence of imprisonment of up to six months and/or a maximum fine of $1000. • Examples include: Computer Tampering, Possession of Cannabis (>.2.5 grams but not >10 grams)

  13. Class C • Punishable by a sentence of imprisonment of up to 30 days and/or a maximum fine of $500. • Examples include: Mob Action, Possession of Cannabis (<2.5 grams)

  14. Special Circumstances • Habitual Criminals • Extended Terms • “Truth in Sentencing” • “Three Strikes and You’re Out”

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