Illinois Criminal Defense

Illinois State Criminal
Charges & Defense.

Illinois statutes, penalties, and defense considerations for state criminal charges.

720 ILCS 5/9-1 · 720 ILCS 5/8-4

Murder & Attempt Murder

First Degree Murder: 20–60 years; natural life if aggravated. Attempt Murder: Class X Felony — 6–30 years. No probation.
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First degree murder carries a mandatory prison sentence with no possibility of probation. Attempt murder requires proof of specific intent to kill — unlike murder itself, recklessness is not sufficient, which creates defense opportunities experienced counsel can exploit at trial.

720 ILCS 5/12-3.05 · 720 ILCS 5/18-1 · 720 ILCS 5/18-2

Violent Crimes

Class A Misdemeanor (simple assault) to Class X Felony (armed robbery — 6–30 years). Firearm discharge during robbery: mandatory 20-year add-on.
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Violent crimes cover a broad spectrum from simple assault through aggravated battery, robbery, and armed robbery. The presence of a firearm dramatically escalates every charge in this category under Illinois's mandatory sentencing add-on statute, 720 ILCS 5/33A.

720 ILCS 570 · 720 ILCS 550 · 720 ILCS 646

Drug Crimes

Simple possession: Class 4 (1–3 years) to Class 1 (4–15 years) depending on substance and weight. Delivery: Class 3 up to Class X.
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Illinois drug charges range from simple possession to delivery and manufacture, with sentencing driven primarily by controlled substance type and quantity. Cannabis offenses were substantially reformed by the Cannabis Regulation and Tax Act, creating expungement pathways for prior convictions.

720 ILCS 5/24-1 · 720 ILCS 5/24-1.1 · 430 ILCS 65

Gun Charges & FOID Issues

UUW: Class 3 Felony (2–5 years). UUW by Felon: Class 2 Felony (3–7 years), mandatory 3-year minimum.
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Illinois requires a FOID card for all firearm possession. Many gun charges arise from vehicle or residence searches — Fourth Amendment challenges to the stop and search are central to the defense.

720 ILCS 5/12-1 · 720 ILCS 5/12-3 · 720 ILCS 5/12-3.05

Assault & Battery

Simple assault: Class C Misdemeanor. Simple battery: Class A Misdemeanor. Aggravated battery: Class 3 Felony up to Class X.
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Assault requires no physical contact — conduct placing another in reasonable apprehension of battery is sufficient. Self-defense and defense of others (720 ILCS 5/7-1) are complete defenses when the use of force was reasonable and necessary.

720 ILCS 5/17-1 · 720 ILCS 5/17-3 · 720 ILCS 5/16-1

White Collar & Fraud

Theft by deception under $500: Class A Misdemeanor. Over $100,000: Class 1 Felony (4–15 years).
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These are specific-intent crimes — the state must prove the defendant intended to defraud, not merely that a loss occurred. Early pre-indictment strategy can significantly affect the outcome, since these cases typically develop over months or years before charges are filed.

720 ILCS 5/16-1 · 720 ILCS 5/19-1 · 720 ILCS 5/19-3

Theft & Property Crimes

Theft under $500: Class A Misdemeanor. Residential burglary: Class 1 Felony (4–15 years). Home invasion: Class X (6–30 years).
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Burglary requires unlawful entry with intent to commit a felony or theft inside — the offense is complete upon entry with intent, even if nothing is taken.

720 ILCS 5/12-3.2 · 750 ILCS 60 · 720 ILCS 5/12-3.3

Domestic Violence

First offense: Class A Misdemeanor. Third or subsequent: Class 2 Felony (3–7 years).
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Illinois prosecutors can — and frequently do — proceed even when the complaining witness recants. The 911 call and body camera footage often substitute for witness testimony, making initial evidence collection critical to the defense.

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