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Illinois Felony Classes and Misdemeanor Penalties (2026)

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Independently fact-checked against primary sources (last audited October 17, 2026). · 27 primary sources cited on this page. How we verify our legal content

Illinois Felony Classes and Misdemeanor Penalties (2026)

Illinois defines a felony as "an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided" (720 ILCS 5/2-7) and a misdemeanor as "any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed" (720 ILCS 5/2-11). For sentencing, 730 ILCS 5/5-4.5-10 sorts felonies into first degree murder, Class X and Classes 1 through 4, and misdemeanors into Classes A, B and C, while petty offenses and business offenses are not classified at all.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Illinois statutes define felonies, misdemeanors and petty offenses (720 ILCS 5/2-7 and 2-11; 730 ILCS 5/5-1-2 and 5-1-17) and the general sentencing sections of Article 4.5 of the Unified Code of Corrections (730 ILCS 5/5-4.5-10 to 5-4.5-95), plus the probation extension and violation sections (730 ILCS 5/5-6-2 and 5-6-4). It does not cover how individual offenses are graded (see the Illinois theft laws and Illinois assault and battery laws pages), time limits for charging a felony, record clearing, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Illinois

The dividing line in Illinois is the kind of sentence the law provides. Two definitions in the Criminal Code of 2012 set it:

"'Felony' means an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided." (720 ILCS 5/2-7)

"'Misdemeanor' means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed." (720 ILCS 5/2-11)

So a felony is tied to a penitentiary term of a year or more, and a misdemeanor to a term of less than a year served somewhere other than a penitentiary.

Below misdemeanors sits a third tier. The Unified Code of Corrections defines a petty offense as "any offense for which a sentence of imprisonment is not an authorized disposition" (730 ILCS 5/5-1-17), and a business offense as "a petty offense for which the fine is in excess of $1,000" (730 ILCS 5/5-1-2).

Illinois felony and misdemeanor classes

The classification section, 730 ILCS 5/5-4.5-10, lists the classes "for the purpose of sentencing":

Illinois felony and misdemeanor classes: reporting to a probation office

"(a) FELONY CLASSIFICATIONS. Felonies are classified, for the purpose of sentencing, as follows: (1) First degree murder (as a separate class of felony). (2) Class X felonies. (3) Class 1 felonies. (4) Class 2 felonies. (5) Class 3 felonies. (6) Class 4 felonies. (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are classified, for the purpose of sentencing, as follows: (1) Class A misdemeanors. (2) Class B misdemeanors. (3) Class C misdemeanors. (c) PETTY AND BUSINESS OFFENSES. Petty offenses and business offenses are not classified."

Each class has its own sentencing section. The table gives the statutory terms and fine ceilings for an individual offender.

ClassFelony or misdemeanorStatutory termMaximum fineStatute
First degree murderFelony (separate class)20 to 60 years; 60 to 100 years when an extended term is imposed; or natural lifeUp to $25,000 or the amount specified in the offense, whichever is greater730 ILCS 5/5-4.5-20(a); 5-4.5-50(b)
Class XFelony6 to 30 years; extended term 30 to 60 yearsUp to $25,000 or the amount specified, whichever is greater730 ILCS 5/5-4.5-25(a); 5-4.5-50(b)
Class 1Felony4 to 15 years (second degree murder 4 to 20); extended term 15 to 30 yearsUp to $25,000 or the amount specified, whichever is greater730 ILCS 5/5-4.5-30(a); 5-4.5-50(b)
Class 2Felony3 to 7 years; extended term 7 to 14 yearsUp to $25,000 or the amount specified, whichever is greater730 ILCS 5/5-4.5-35(a); 5-4.5-50(b)
Class 3Felony2 to 5 years; extended term 5 to 10 yearsUp to $25,000 or the amount specified, whichever is greater730 ILCS 5/5-4.5-40(a); 5-4.5-50(b)
Class 4Felony1 to 3 years; extended term 3 to 6 yearsUp to $25,000 or the amount specified, whichever is greater730 ILCS 5/5-4.5-45(a); 5-4.5-50(b)
Class AMisdemeanorLess than one yearUp to $2,500 or the amount specified, whichever is greater730 ILCS 5/5-4.5-55(a), (e)
Class BMisdemeanorNot more than 6 monthsUp to $1,500 or the amount specified, whichever is greater730 ILCS 5/5-4.5-60(a), (e)
Class CMisdemeanorNot more than 30 daysUp to $1,500 or the amount specified, whichever is greater730 ILCS 5/5-4.5-65(a), (e)
Petty offenseNot classifiedNo imprisonmentUp to $1,000 or the amount specified in the offense, whichever is less730 ILCS 5/5-1-17; 5-4.5-75(a)
Business offenseNot classifiedNo imprisonment (a type of petty offense)Up to the amount specified in the statute defining the offense (a business offense fine is over $1,000)730 ILCS 5/5-1-2; 5-4.5-80(a)

These are the ranges for the class itself. The extended-term ranges apply only where an extended term is imposed under 730 ILCS 5/5-8-2, and 730 ILCS 5/5-4.5-95 and other sections set higher sentences or bar probation for some repeat convictions, described below.

The felony fine rule is in 730 ILCS 5/5-4.5-50(b): "Unless otherwise specified by law, the minimum fine is $75. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater, or if the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater." A fine cannot stand alone for a felony: "Neither a fine nor restitution shall be the sole disposition for a felony, and either or both may be imposed only in conjunction with another disposition" (730 ILCS 5/5-4.5-15(b)). For a Class A misdemeanor, 730 ILCS 5/5-4.5-55(e) also sets a $75 minimum fine "unless otherwise specified by law."

The class a particular offense falls into is stated in the statute that defines it. The Illinois theft laws page shows how theft is graded into these classes by value and circumstances, and the Illinois assault and battery laws page does the same for assault and battery offenses.

How a sentence is set in Illinois

Illinois sentences are determinate terms chosen within the statutory range for the class. Article 4.5 sets those ranges class by class and contains no sentencing guideline grid, so the range in the table is the full span the law allows for the class, not a figure that predicts a typical sentence.

Two features run alongside the prison term:

  • Mandatory supervised release. "Except when a term of natural life is imposed, every sentence includes a term in addition to the term of imprisonment," and for those sentenced on or after February 1, 1978, "that term is a mandatory supervised release term" (730 ILCS 5/5-4.5-15(c)). The class sections set its length; for example, it is 2 years for a Class 1 felony (730 ILCS 5/5-4.5-30(l)) and one year for a Class 3 felony (730 ILCS 5/5-4.5-40(l)).
  • Extended terms. Each felony section states a higher extended-term range that applies when an extended term is imposed under 730 ILCS 5/5-8-2. For first degree murder, the statute also allows natural life "as provided in Section 5-8-1" (730 ILCS 5/5-4.5-20(a)). The Illinois life sentence page covers what a natural life term means.

Repeat offenders and extended terms

Several statutes raise sentences for repeat convictions. 730 ILCS 5/5-4.5-95 contains two of them, and both are mandatory:

  • Habitual criminal (natural life). "Every person who has been twice convicted in any state or federal court of an offense that contains the same elements as an offense now ... classified in Illinois as a Class X felony, criminal sexual assault, aggravated kidnapping, or first degree murder, and who is thereafter convicted of a Class X felony, criminal sexual assault, or first degree murder, committed after the 2 prior convictions, shall be adjudged an habitual criminal." The consequence: "Anyone who is adjudged an habitual criminal shall be sentenced to a term of natural life imprisonment" (730 ILCS 5/5-4.5-95(a)). It applies only if the third offense was committed within 20 years of the judgment on the first conviction (not counting time in custody), each offense was committed after conviction on the one before it, and the first offense was committed at age 21 or older (730 ILCS 5/5-4.5-95(a)(4)).
  • Class X sentencing for repeat forcible felonies. "When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted" of the prior offenses the subsection specifies, "that defendant shall be sentenced as a Class X offender" (730 ILCS 5/5-4.5-95(b)). Class X carries 6 to 30 years and no probation or conditional discharge (730 ILCS 5/5-4.5-25).

Other sections add further repeat-offender rules:

  • No probation for some repeat felonies. Probation, periodic imprisonment and conditional discharge "shall not be imposed," and the court must impose at least the minimum prison term, for a Class 1 or greater felony when the person had a Class 1 or greater felony conviction within 10 years of the new offense, or for a Class 2 or greater felony sex offense or felony firearm offense when the person had a Class 2 or greater felony conviction within 10 years, except as provided in Section 40-10 of the Substance Use Disorder Act (730 ILCS 5/5-5-3(c)(2)(F), (F-3)).
  • Repeat first degree murder. The court "shall sentence the defendant to a term of natural life imprisonment" if a defendant who was 18 or older at the time of the murder "has previously been convicted of first degree murder under any state or federal law" (730 ILCS 5/5-8-1(a)(1)(c)(i)).
  • Extended terms. A sentence above the class maximum is allowed only when an aggravating factor in 730 ILCS 5/5-5-3.2 (or clause (a)(1)(b) of Section 5-8-1) is found (730 ILCS 5/5-8-2(a)). One of those factors is a felony conviction within 10 years after a prior conviction of the same or similar class felony or a greater class felony, excluding time spent in custody, where the charges were separately brought and tried and arose out of different series of acts (730 ILCS 5/5-5-3.2(b)(1)).

Petty and business offenses

Petty and business offenses are offenses, but they have no class and no jail. By definition, imprisonment "is not an authorized disposition" for a petty offense (730 ILCS 5/5-1-17). Under 730 ILCS 5/5-4.5-75, "A defendant may be sentenced to pay a fine not to exceed $1,000 for each offense or the amount specified in the offense, whichever is less," and "a defendant may be sentenced to a period of probation or conditional discharge not to exceed 6 months."

Note the word "less." For felonies and misdemeanors, the offense's own fine controls when it is higher than the class figure; for petty offenses, the lower of the two controls. A petty offense whose fine exceeds $1,000 is a business offense (730 ILCS 5/5-1-2).

Can a felony be reduced to a misdemeanor in Illinois?

Article 4.5 of the Unified Code of Corrections, which classifies offenses and lists the sentencing dispositions (730 ILCS 5/5-4.5-10 and 5-4.5-15), contains no provision letting a court reclassify a felony conviction as a misdemeanor.

The sentencing article also separates felonies from misdemeanors on court supervision, a disposition in which the court defers further proceedings:

  • Felonies. "Except as otherwise provided," the court "may not defer further proceedings and the imposition of a sentence and may not enter an order for supervision of the defendant" (730 ILCS 5/5-4.5-50(a)). One exception is Second Chance Probation. For a person with no prior felony conviction who pleads guilty to or is found guilty of certain listed offenses, such as possession of less than 15 grams of a controlled substance or a probationable felony of theft, retail theft, forgery or burglary, the court may, with the consent of the defendant and the State's Attorney, impose probation "without entering a judgment." That sentence is not a conviction under Illinois law unless judgment is later entered, and violent offenses are excluded (730 ILCS 5/5-6-3.4(a), (a-1)).
  • Misdemeanors. The court "may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant," and the period of supervision, "except as otherwise provided, may not be longer than 2 years" (730 ILCS 5/5-4.5-70(a), (b)). Supervision is not available where the defendant is "barred from receiving an order for supervision under Section 5-6-1 ... or otherwise," and it requires findings by the court, including that the defendant is not likely to commit further crimes (730 ILCS 5/5-4.5-70(a)).

How long is probation in Illinois?

Each class section sets a maximum period for probation or conditional discharge:

Illinois felony and misdemeanor classes: probation terms

ClassMaximum probation or conditional dischargeStatute
First degree murderNot available ("shall not be imposed")730 ILCS 5/5-4.5-20(d)
Class XNot available ("shall not be imposed")730 ILCS 5/5-4.5-25(d)
Class 1 and Class 24 years, except as provided in 5-5-3 or 5-6-2730 ILCS 5/5-4.5-30(d), 5-4.5-35(d)
Class 3 and Class 430 months, subject to exceptions in other sections730 ILCS 5/5-4.5-40(d), 5-4.5-45(d)
Class A, B and C misdemeanors2 years, subject to exceptions in other sections730 ILCS 5/5-4.5-55(d) to 5-4.5-65(d)
Petty offense6 months730 ILCS 5/5-4.5-75

The felony limits are qualified. The Class 1 to Class 4 felony sections and the Class A misdemeanor section open with "Except as provided in Section 5-5-3 or 5-6-2," and the Class B and C sections with "Except as provided in Section 5-6-2," so other provisions can change both the length and whether probation is available. The bars for first degree murder and Class X are examples, not a complete list: 730 ILCS 5/5-5-3(c)(2) lists further offenses that cannot receive probation, including the repeat felonies described above.

One of those exceptions is the extension power in 730 ILCS 5/5-6-2(e): "The court may extend any period of probation or conditional discharge beyond the limits set forth in Article 4.5 of Chapter V upon a violation of a condition of the probation or conditional discharge," or for the payment of listed drug-law assessments, "or for the payment of restitution as provided by an order of restitution under Section 5-5-6 of this Code."

What happens if you violate probation in Illinois?

730 ILCS 5/5-6-4 governs violations of probation, conditional discharge and supervision:

  • Burden of proof. "The State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence" (730 ILCS 5/5-6-4(c)).
  • Unpaid money. Probation, conditional discharge, periodic imprisonment and supervision "shall not be revoked for failure to comply with conditions of a sentence or supervision, which imposes financial obligations upon the offender unless such failure is due to his willful refusal to pay" (730 ILCS 5/5-6-4(d)).
  • What the court may do. If the court finds a violation "at any time prior to the expiration or termination of the period, it may continue him on the existing sentence, with or without modifying or enlarging the conditions, or may impose any other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing" (730 ILCS 5/5-6-4(e)).

In practical terms, the sentence available after a violation is measured by the original offense's class range, not by the length of the probation term.

Recent changes to Illinois sentencing law

Recent Public Acts named in the source notes of these sections include:

  • Public Act 103-51 (effective January 1, 2024) amended 720 ILCS 5/2-7, the felony definition, and 730 ILCS 5/5-4.5-20, the first degree murder sentencing section.
  • Public Act 101-652 amended 730 ILCS 5/5-6-4, the probation violation section (effective January 1, 2023), and 730 ILCS 5/5-4.5-95, the recidivism section (effective July 1, 2021).
  • Public Acts 100-987 and 100-1161 (effective July 1, 2019) amended the felony fine section, 730 ILCS 5/5-4.5-50, and the misdemeanor sections, 730 ILCS 5/5-4.5-55 to 5-4.5-65.

The class of a specific offense comes from its own statute: see how theft is graded in Illinois and the Illinois assault and battery laws. For clearing or sealing an Illinois record, see Illinois expungement laws. For how long prosecutors have to bring felony and misdemeanor charges, see the Illinois statute of limitations.

Federal law, 18 U.S.C. 922(g)(1), bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

This article provides general legal information about Illinois felony and misdemeanor classes and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Illinois.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Illinois?

The place and length of the possible sentence. A felony is an offense for which a penitentiary term of one year or more is provided (720 ILCS 5/2-7); a misdemeanor is one for which a term in other than a penitentiary for less than one year may be imposed (720 ILCS 5/2-11).

What are the felony classes in Illinois and how much time does each carry?

Base ranges under 730 ILCS 5/5-4.5-20 to 5-4.5-45: first degree murder 20 to 60 years (or 60 to 100 extended, or natural life), Class X 6 to 30 years, Class 1 4 to 15, Class 2 3 to 7, Class 3 2 to 5 and Class 4 1 to 3. Extended terms under 730 ILCS 5/5-8-2 run higher, and repeat-offender rules can raise them: among others, 730 ILCS 5/5-4.5-95 requires natural life for an habitual criminal and Class X sentencing for certain repeat Class 1 and 2 forcible felonies.

What is a Class X felony in Illinois?

It is the most serious felony class below first degree murder. The term is 6 to 30 years, or 30 to 60 years when an extended term is imposed, and probation or conditional discharge may not be imposed (730 ILCS 5/5-4.5-25(a), (d)).

What is a Class A misdemeanor in Illinois?

It is the highest misdemeanor class. The sentence is a determinate term of less than one year, a fine of up to $2,500 or the amount specified in the offense if greater, and probation or conditional discharge of up to 2 years, subject to the exceptions in other sections (730 ILCS 5/5-4.5-55).

Is a petty offense a crime in Illinois?

A petty offense is an offense, but it sits outside the class system: 730 ILCS 5/5-1-17 defines it as any offense for which imprisonment is not an authorized disposition. The fine is up to $1,000 or the amount specified in the offense, whichever is less, and probation or conditional discharge is limited to 6 months (730 ILCS 5/5-4.5-75).

Does Illinois have wobblers?

Article 4.5 of the Unified Code of Corrections, which classifies offenses and lists the sentencing dispositions, contains no provision letting a court reclassify a felony conviction as a misdemeanor. It bars court supervision for felonies except as otherwise provided (730 ILCS 5/5-4.5-50(a)), and misdemeanors may receive supervision unless the defendant is barred (730 ILCS 5/5-4.5-70(a)). Separately, Second Chance Probation lets a court, with the consent of the defendant and the State's Attorney, impose probation without entering a judgment for certain listed non-violent offenses by a person with no prior felony conviction (730 ILCS 5/5-6-3.4).

How long is probation in Illinois?

Under the class sections, probation or conditional discharge may not exceed 4 years for a Class 1 or 2 felony, 30 months for a Class 3 or 4 felony, and 2 years for a misdemeanor, subject to exceptions in other sections. A court may extend it beyond those limits on a violation or for unpaid restitution or listed assessments (730 ILCS 5/5-6-2(e)).

What happens if you violate probation in Illinois?

The State must prove the violation by a preponderance of the evidence. The court may continue the existing sentence, with or without modified or enlarged conditions, or impose any other sentence that was available at the initial sentencing (730 ILCS 5/5-6-4(c), (e)). Probation may not be revoked for unpaid financial obligations unless the failure to pay is willful (730 ILCS 5/5-6-4(d)).

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. 720 ILCS 5/2-7, "Felony"(ilga.gov).gov
  2. 720 ILCS 5/2-11, "Misdemeanor"(ilga.gov).gov
  3. 730 ILCS 5/5-4.5-10, Offense classifications(ilga.gov).gov
  4. 730 ILCS 5/5-1-17, Petty offense(ilga.gov).gov
  5. 730 ILCS 5/5-1-2, Business offense(ilga.gov).gov
  6. 730 ILCS 5/5-4.5-20, First degree murder; sentence(ilga.gov).gov
  7. 730 ILCS 5/5-4.5-25, Class X felonies; sentence(ilga.gov).gov
  8. 730 ILCS 5/5-4.5-30, Class 1 felonies; sentence(ilga.gov).gov
  9. 730 ILCS 5/5-4.5-35, Class 2 felonies; sentence(ilga.gov).gov
  10. 730 ILCS 5/5-4.5-40, Class 3 felonies; sentence(ilga.gov).gov
  11. 730 ILCS 5/5-4.5-45, Class 4 felonies; sentence(ilga.gov).gov
  12. 730 ILCS 5/5-4.5-50, Sentence provisions; all felonies(ilga.gov).gov
  13. 730 ILCS 5/5-4.5-55, Class A misdemeanors; sentence(ilga.gov).gov
  14. 730 ILCS 5/5-4.5-60, Class B misdemeanors; sentence(ilga.gov).gov
  15. 730 ILCS 5/5-4.5-65, Class C misdemeanors; sentence(ilga.gov).gov
  16. 730 ILCS 5/5-4.5-75, Petty offenses; sentence(ilga.gov).gov
  17. 730 ILCS 5/5-4.5-15, Dispositions(ilga.gov).gov
  18. 730 ILCS 5/5-4.5-95, General recidivism provisions(ilga.gov).gov
  19. 730 ILCS 5/5-4.5-70, Sentence provisions; all misdemeanors(ilga.gov).gov
  20. 730 ILCS 5/5-6-2, Incidents of probation and of conditional discharge(ilga.gov).gov
  21. 730 ILCS 5/5-6-4, Violation, modification or revocation of probation, conditional discharge or supervision(ilga.gov).gov
  22. 18 U.S.C. 922, Unlawful acts(law.cornell.edu)
  23. 18 U.S.C. 921, Definitions(law.cornell.edu)
  24. 730 ILCS 5/5-5-3, Disposition(ilga.gov).gov
  25. 730 ILCS 5/5-5-3.2, Factors in aggravation and extended-term sentencing(ilga.gov).gov
  26. 730 ILCS 5/5-8-1, Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms(ilga.gov).gov
  27. 730 ILCS 5/5-8-2, Extended term(ilga.gov).gov
  28. 730 ILCS 5/5-6-3.4, Second Chance Probation(ilga.gov).gov
  29. 730 ILCS 5/5-4.5-80, Business offenses; sentence(ilga.gov).gov
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