Felony Legal Information
There are many classes of felonies. Each has a different maximum possible sentence in the Department of Corrections (DOC). Most felonies are probationable, however, meaning probation is a possible sentence and DOC time is not mandatory. In fact, there is a presumption that a person should be sentenced to probation unless there are aggravating circumstances, such as prior criminal history. See the Criminal Law page for more detailed information on possible sentencing provisions.
Maximum & Minimum Sentences
Below is a list of the most common classes of felonies, from least serious to most serious, with the possible prison terms. Remember, probation is an option in almost all cases.
- Class 4: 1 to 3 years in the DOC and up to $25,000 fine;
- Class 3: 2-5 years in the DOC and up to $25,000 fine;
- Class 2: 3-7 years in the DOC and up to $25,000 fine;
- Class 1: 4-15 years in the DOC and up to $25,000 fine;
- Class X: 6-30 years in the DOC.
Common Felony Offenses
The criminal code includes many, many felony offenses. Below is a list of common felonies with their Class and specific sentencing provisions, where applicable.
- Criminal Damage to Property (4);
- Possession of a Controlled Substance (4)
- Theft (Class depends on value of goods/services stolen);
- Retail Theft - prior theft conviction (4);
- Retail Theft - value over $300 (3);
- Identity Theft;
- Forgery (3);
- Misuse of a Credit Card (Class depends on amount charged);
- Aggravated Battery - serious injury, victim over 60, on the public way (3);
- Aggravated Battery to a Peace Officer (2);
- Unlawful Restraint
- Burglary (2);
- Residential Burglary (1, non-probationable); and
- Home Invasion (X).