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Charges and sentences

Felony and misdemeanor classes in Illinois

Illinois has first degree murder, then Class X felonies and Class 1 through Class 4 felonies (Class X is the most serious of the numbered classes and Class 4 the least). Misdemeanors are Class A, B or C. Below those are petty offenses and business offenses, which carry fines only. Many offenses set their own class or penalty.1

Checked October 29, 2026 against Illinois's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
In Illinois, a felony is an offense for which a sentence of one year or more in a penitentiary is provided. A misdemeanor is an offense that can be punished by a term of less than one year in a place other than a penitentiary.1
Felony theft starts at
More than $500How theft is graded
When a DUI is a felony
A third DUI is aggravated DUI and a Class 2 felony. A fourth is also a Class 2 felony (no probation), a fifth is a Class 1 felony (no probation), and a sixth or later is a Class X felony. A first or second DUI is a Class A misdemeanor.2

Felony classes in Illinois

From most to least serious: First degree murder, Class X, Class 1, Class 2, Class 3, Class 4. The sentence is the range the law allows; the judge picks within it.

Felony classes in Illinois, with prison ranges and fines
ClassPrisonFineThe law
First degree murder20 to 60 years, or natural lifeAn extended term of 60 to 100 years can be imposed under Section 5-8-2. Probation and conditional discharge are not allowed. The fine rule is in 730 ILCS 5/5-4.5-50(b).Up to $25,000 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-20(a), (d), (e); 730 ILCS 5/5-4.5-50(b)6
Class X felony6 to 30 yearsAn extended term of 30 to 60 years can be imposed under Section 5-8-2. Probation and conditional discharge are not allowed. The fine rule is in 730 ILCS 5/5-4.5-50(b).Up to $25,000 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-25(a), (d), (e); 730 ILCS 5/5-4.5-50(b)7
Class 1 felony4 to 15 yearsSecond degree murder, a Class 1 felony, carries 4 to 20 years. An extended term of 15 to 30 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 4 years. The fine rule is in 730 ILCS 5/5-4.5-50(b).Up to $25,000 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-30(a), (d), (e); 730 ILCS 5/5-4.5-50(b)8
Class 2 felony3 to 7 yearsAn extended term of 7 to 14 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 4 years. The fine rule is in 730 ILCS 5/5-4.5-50(b).Up to $25,000 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-35(a), (d), (e); 730 ILCS 5/5-4.5-50(b)9
Class 3 felony2 to 5 yearsAn extended term of 5 to 10 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 30 months. The fine rule is in 730 ILCS 5/5-4.5-50(b).Up to $25,000 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-40(a), (d), (e); 730 ILCS 5/5-4.5-50(b)10
Class 4 felony1 to 3 yearsAn extended term of 3 to 6 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 30 months. The fine rule is in 730 ILCS 5/5-4.5-50(b).Up to $25,000 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-45(a), (d), (e); 730 ILCS 5/5-4.5-50(b)11

Misdemeanor classes in Illinois

Misdemeanor classes in Illinois, with jail ranges and fines
ClassJailFineThe law
Class A misdemeanorLess than 1 yearProbation or conditional discharge can last up to 2 years.Up to $2,500 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-55(a), (d), (e)12
Class B misdemeanorUp to 6 monthsProbation or conditional discharge can last up to 2 years.Up to $1,500 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-60(a), (d), (e)13
Class C misdemeanorUp to 30 daysProbation or conditional discharge can last up to 2 years.Up to $1,500 or the amount set in the offense, whichever is greater730 ILCS 5/5-4.5-65(a), (d), (e)14

Below a misdemeanor

Non-criminal offenses in Illinois
ClassPenaltyThe law
Petty offenseFine of up to $1,000 or the amount set in the offense, whichever is less. No jail.A petty offense is any offense for which imprisonment is not allowed. Probation or conditional discharge can last up to 6 months.730 ILCS 5/5-4.5-75(a), (b); 730 ILCS 5/5-1-1715
Business offenseFine only, up to the amount set in the statute that defines the offenseA business offense is a petty offense with a fine of more than $1,000.730 ILCS 5/5-4.5-80(a); 730 ILCS 5/5-1-216

Good to know

Illinois sets a minimum fine of $75 unless the law says otherwise, and a judge can reduce or waive a fine that would put an undue burden on the victim.3

A court can place a person on supervision, which postpones sentencing, for misdemeanors and petty offenses but not for felonies.4

Many offenses set their own class or sentence. For example, a third or later DUI is a Class 2 felony or higher, and theft over $500 is graded by value.5

When theft is a felony in Illinois

In Illinois, theft of property worth more than $500 is a felony. Theft of $500 or less that was not taken from a person is usually a Class A misdemeanor, but it is a Class 4 felony if the person has an earlier theft or related conviction, or if it happened in a school or place of worship or involved government property. Theft from a person is at least a Class 3 felony at any value. Grades rise with value: a Class 3 felony up to $10,000, a Class 2 felony up to $100,000, a Class 1 felony up to $1,000,000 (with no probation above $500,000), and a Class X felony above $1,000,000.5

720 ILCS 5/16-1(b) · Felony theft amounts in every state

DUI in Illinois

Illinois calls it driving under the influence (DUI). The statute title is "Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof." The felony version is called aggravated DUI.

Repeat offenses
A third DUI is aggravated DUI and a Class 2 felony. A fourth is also a Class 2 felony (no probation), a fifth is a Class 1 felony (no probation), and a sixth or later is a Class X felony. A first or second DUI is a Class A misdemeanor.
Which past offenses count
No time limit is set in the statute. An earlier DUI counts if it was a violation of this section or a similar local, out-of-state or military-installation offense.
Other felony versions
Aggravated DUI (a Class 4 felony unless the law sets a higher class) also covers: causing great bodily harm or permanent disability or disfigurement in a crash (1 to 12 years in prison if imprisoned); causing a death (Class 2, 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances and orders probation); a DUI after an earlier conviction for reckless homicide while impaired or for aggravated DUI causing great bodily harm or death (Class 3, no probation); a crash in a 20 mph school speed zone that injures someone; a crash that injures a child passenger under 16; driving a school bus with passengers; driving while the license is revoked or suspended for an earlier DUI or another offense listed in the statute, such as a chemical-test suspension or reckless homicide; driving with no license or permit; driving with no insurance; a second DUI with a passenger under 16 (Class 2); and driving a for-hire vehicle with passengers.

625 ILCS 5/11-501(c)(1), (d)(1), (d)(2), (e)2 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in Illinois?

In Illinois, a felony is an offense for which a sentence of one year or more in a penitentiary is provided. A misdemeanor is an offense that can be punished by a term of less than one year in a place other than a penitentiary.

What is a first degree murder in Illinois?

In Illinois, the prison range for a first degree murder is 20 to 60 years, or natural life, and the fine is up to $25,000 or the amount set in the offense, whichever is greater. An extended term of 60 to 100 years can be imposed under Section 5-8-2. Probation and conditional discharge are not allowed. The fine rule is in 730 ILCS 5/5-4.5-50(b).

What is a Class X felony in Illinois?

In Illinois, the prison range for a Class X felony is 6 to 30 years, and the fine is up to $25,000 or the amount set in the offense, whichever is greater. An extended term of 30 to 60 years can be imposed under Section 5-8-2. Probation and conditional discharge are not allowed. The fine rule is in 730 ILCS 5/5-4.5-50(b).

What is a Class 1 felony in Illinois?

In Illinois, the prison range for a Class 1 felony is 4 to 15 years, and the fine is up to $25,000 or the amount set in the offense, whichever is greater. Second degree murder, a Class 1 felony, carries 4 to 20 years. An extended term of 15 to 30 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 4 years. The fine rule is in 730 ILCS 5/5-4.5-50(b).

What is a Class 2 felony in Illinois?

In Illinois, the prison range for a Class 2 felony is 3 to 7 years, and the fine is up to $25,000 or the amount set in the offense, whichever is greater. An extended term of 7 to 14 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 4 years. The fine rule is in 730 ILCS 5/5-4.5-50(b).

What is a Class 3 felony in Illinois?

In Illinois, the prison range for a Class 3 felony is 2 to 5 years, and the fine is up to $25,000 or the amount set in the offense, whichever is greater. An extended term of 5 to 10 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 30 months. The fine rule is in 730 ILCS 5/5-4.5-50(b).

What is a Class 4 felony in Illinois?

In Illinois, the prison range for a Class 4 felony is 1 to 3 years, and the fine is up to $25,000 or the amount set in the offense, whichever is greater. An extended term of 3 to 6 years can be imposed under Section 5-8-2. Probation or conditional discharge can last up to 30 months. The fine rule is in 730 ILCS 5/5-4.5-50(b).

What is a Class A misdemeanor in Illinois?

In Illinois, the jail range for a Class A misdemeanor is less than 1 year, and the fine is up to $2,500 or the amount set in the offense, whichever is greater. Probation or conditional discharge can last up to 2 years.

What is a Class B misdemeanor in Illinois?

In Illinois, the jail range for a Class B misdemeanor is up to 6 months, and the fine is up to $1,500 or the amount set in the offense, whichever is greater. Probation or conditional discharge can last up to 2 years.

What is a Class C misdemeanor in Illinois?

In Illinois, the jail range for a Class C misdemeanor is up to 30 days, and the fine is up to $1,500 or the amount set in the offense, whichever is greater. Probation or conditional discharge can last up to 2 years.

How much theft is a felony in Illinois?

In Illinois, theft of property worth more than $500 is a felony. Theft of $500 or less that was not taken from a person is usually a Class A misdemeanor, but it is a Class 4 felony if the person has an earlier theft or related conviction, or if it happened in a school or place of worship or involved government property. Theft from a person is at least a Class 3 felony at any value. Grades rise with value: a Class 3 felony up to $10,000, a Class 2 felony up to $100,000, a Class 1 felony up to $1,000,000 (with no probation above $500,000), and a Class X felony above $1,000,000.

Is a DUI a felony in Illinois?

A third DUI is aggravated DUI and a Class 2 felony. A fourth is also a Class 2 felony (no probation), a fifth is a Class 1 felony (no probation), and a sixth or later is a Class X felony. A first or second DUI is a Class A misdemeanor. Aggravated DUI (a Class 4 felony unless the law sets a higher class) also covers: causing great bodily harm or permanent disability or disfigurement in a crash (1 to 12 years in prison if imprisoned); causing a death (Class 2, 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances and orders probation); a DUI after an earlier conviction for reckless homicide while impaired or for aggravated DUI causing great bodily harm or death (Class 3, no probation); a crash in a 20 mph school speed zone that injures someone; a crash that injures a child passenger under 16; driving a school bus with passengers; driving while the license is revoked or suspended for an earlier DUI or another offense listed in the statute, such as a chemical-test suspension or reckless homicide; driving with no license or permit; driving with no insurance; a second DUI with a passenger under 16 (Class 2); and driving a for-hire vehicle with passengers.

These are the general ranges in Illinois's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in Illinois" https://secondchanceindex.com/felony-classes/illinois, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. 730 ILCS 5/5-1-9; 730 ILCS 5/5-1-14
  2. 625 ILCS 5/11-501(c)(1), (d)(1), (d)(2), (e)
  3. 730 ILCS 5/5-4.5-50(b)
  4. 730 ILCS 5/5-4.5-50(a); 730 ILCS 5/5-4.5-70(a)
  5. 730 ILCS 5/5-4.5-50; 625 ILCS 5/11-501(d); 720 ILCS 5/16-1(b)
  6. 730 ILCS 5/5-1-14 MisdemeanorIllinois General Assembly (ilga.gov)
  7. 730 ILCS 5/5-1-2 Business OffenseIllinois General Assembly (ilga.gov)
  8. 730 ILCS 5/5-1-17 Petty OffenseIllinois General Assembly (ilga.gov)
  9. 730 ILCS 5/5-4.5-20 First degree murder; sentenceIllinois General Assembly (ilga.gov)
  10. 730 ILCS 5/5-4.5-25 Class X felonies; sentenceIllinois General Assembly (ilga.gov)
  11. 730 ILCS 5/5-4.5-30 Class 1 felonies; sentenceIllinois General Assembly (ilga.gov)
  12. 730 ILCS 5/5-4.5-35 Class 2 felonies; sentenceIllinois General Assembly (ilga.gov)
  13. 730 ILCS 5/5-4.5-40 Class 3 felonies; sentenceIllinois General Assembly (ilga.gov)
  14. 730 ILCS 5/5-4.5-45 Class 4 felonies; sentenceIllinois General Assembly (ilga.gov)
  15. 730 ILCS 5/5-4.5-55 Class A misdemeanors; sentenceIllinois General Assembly (ilga.gov)
  16. 730 ILCS 5/5-4.5-60 Class B misdemeanors; sentenceIllinois General Assembly (ilga.gov)
  17. 730 ILCS 5/5-4.5-65 Class C misdemeanors; sentenceIllinois General Assembly (ilga.gov)
  18. 730 ILCS 5/5-4.5-75 Petty offenses; sentenceIllinois General Assembly (ilga.gov)
  19. 730 ILCS 5/5-4.5-80 Business offenses; sentenceIllinois General Assembly (ilga.gov)