Felonies

The Difference Between Probation and Prison Often Comes Down to the Skill and Expertise of Your Criminal Lawyer – Chicago Felony Lawyer Andrew M. Weisberg

If you would like to reach Mr. Weisberg quickly and directly, please call his cell phone 24/7 at (773) 908-9811, or fill out the Case Review form on this website. The consultation is free.

This page is provided to give an overview of the types of felony charges and offenses a person in Chicago or elsewhere in Illinois may face. Feel free to look through the site, or simply call Mr. Weisberg now to discuss your situation and start building a plan.

In Illinois, a felony is a criminal offense that can be punishable by more than one year in the Illinois Department of Corrections and substantial fines. Any felony is serious. But the potential outcomes can vary dramatically—sometimes the difference is probation, and sometimes it is prison. While every case is different, the quality of the defense matters. A skilled criminal defense attorney can often make the difference between a result that allows you to remain working and supporting your family and a result that changes the rest of your life.

Illinois has several felony classifications, and each class carries its own sentencing range. Some felony offenses are probation eligible. Others carry mandatory prison time. The earlier you take the case seriously, the more options you often have.

Illinois Felony Classifications and Sentencing Ranges

Illinois felony offenses are divided into categories that generally increase in seriousness based on the conduct alleged, the presence of aggravating factors, and a person’s criminal history.

Here is a general overview of felony sentencing ranges in Illinois:

• Class 4 Felony: 1–3 years in the Illinois Department of Corrections
• Class 3 Felony: 2–5 years in the Illinois Department of Corrections
• Class 2 Felony: 3–7 years in the Illinois Department of Corrections
• Class 1 Felony: 4–15 years in the Illinois Department of Corrections
• Class X Felony: 6–30 years in the Illinois Department of Corrections
• Murder: 20–60 years (or more) in the Illinois Department of Corrections

These ranges are a starting point, not the entire story. Certain allegations may increase exposure. Prior convictions can limit probation eligibility. Mandatory prison statutes may apply. And in some cases, an aggressive defense can result in reduced charges, an alternate resolution, or dismissal.

Why Felony Defense Requires a Strategic Approach

Felony cases are not simply about showing up to court and “seeing what happens.” From the beginning, a serious defense focuses on questions like:

• Was the police stop or arrest lawful?
• Was evidence recovered legally or should it be suppressed?
• Are witnesses credible and consistent?
• Are there surveillance videos, phone records, or other materials that help the defense?
• Is there an alternative explanation for what happened?
• Does the prosecution’s version of events match the actual evidence?
• Can the case be reduced to a probation-eligible offense or a misdemeanor?

In felony cases, timing matters. Evidence can disappear. Video footage gets overwritten. Witness memories fade. A defense lawyer who moves quickly can preserve favorable evidence before it is lost and can start shaping the case early rather than reacting later.

Class 4 Felonies

Class 4 felonies are the lowest felony classification in Illinois, but they are still felony cases with real consequences. Common examples of Class 4 felonies can include unlawful possession of a controlled substance, second or subsequent convictions for certain offenses such as domestic battery or retail theft, deceptive practices, aggravated unlawful use of a weapon, criminal sexual abuse, and many other charges.

Most Class 4 felonies are probation eligible, particularly for individuals with limited or no criminal history. A clean background can make probation far more likely. By contrast, a person with multiple prior convictions, a history of probation violations, or other aggravating factors may face a much higher risk of prison time.

A strong defense strategy in a Class 4 case often focuses on early investigation, reviewing police conduct, challenging searches and seizures, identifying weaknesses in the State’s proof, and pushing for reductions or dismissals where the facts and law support it.

Class 3 Felonies

Class 3 felonies carry higher sentencing exposure than Class 4 felonies, but many Class 3 offenses can still be probation eligible depending on the charge and the person’s record. Examples often include forgery, retail theft above certain thresholds, certain theft offenses, aggravated battery, failure to register as a sex offender, and some drug-related charges.

Because the consequences can increase sharply as felony class increases, Class 3 cases frequently require a more intensive defense effort. Prosecutors often treat Class 3 cases as serious matters, and judges may be less inclined to impose probation if the allegations suggest risk to public safety, repeated conduct, or significant financial harm.

In many Class 3 cases, effective lawyering can be the difference between probation and incarceration. A well-prepared attorney can challenge the State’s narrative, find legal issues that undermine key evidence, and build mitigation that shows the court why a probation-based outcome is appropriate.

Class 2 Felonies

Class 2 felonies are serious cases in Illinois and often involve allegations such as burglary, theft above certain amounts, aggravated battery to a police officer, possession of a stolen motor vehicle, aggravated criminal sexual abuse, robbery, and other offenses.

While probation may be available in many Class 2 cases, a significant number of defendants receive prison sentences. A person’s criminal record plays an especially important role at this level. In some circumstances, prior felony convictions can restrict probation eligibility. When probation is legally unavailable, the defense strategy often focuses on defeating the charge, reducing the charge, or creating a path to an alternate resolution.

A Class 2 felony is the type of case where an attorney must be prepared to analyze every angle, scrutinize every report, and aggressively litigate issues such as identification, intent, and constitutional violations. The goal is always to protect your freedom and your future.

Class 1 Felonies

Class 1 felonies carry substantial prison exposure. Common examples can include possession of larger amounts of controlled substances, certain cannabis offenses above high thresholds, aggravated robbery, theft above certain amounts, aggravated discharge of a firearm, criminal sexual assault, and other offenses.

Many Class 1 felony cases present significant challenges. Prosecutors often treat them as high-priority cases, and sentencing exposure can be life-altering. Depending on the offense and facts, probation may be limited or practically difficult to obtain. To avoid prison time in many Class 1 cases, the defense often needs to either win key motions, undermine the evidence, or convince the prosecution to reduce the charges.

An experienced defense attorney will examine whether the police had legal grounds for the stop and arrest, whether statements were obtained lawfully, whether evidence was seized correctly, and whether the State can actually prove each element beyond a reasonable doubt.

Class X Felonies

Class X felonies are among the most serious offenses in Illinois other than murder. Common examples can include armed robbery, home invasion, aggravated battery with a firearm, aggravated battery involving certain victims, attempted murder, aggravated criminal sexual assault, predatory criminal sexual assault, high-level drug delivery offenses, and other crimes.

As a general rule, Class X felony offenses are not probation eligible under Illinois law. That means if a person is convicted of a Class X offense, the judge may be required to impose a prison sentence. Because the stakes are so high, Class X cases require immediate, aggressive defense work.

In many Class X cases, the defense strategy focuses on challenging probable cause, contesting witness identification, attacking the credibility of cooperating witnesses, litigating suppression issues, and fighting for a reduction in charges when legally and factually appropriate. When the government’s evidence is weaker than prosecutors claim, a trial-ready defense can be a powerful advantage.

Understanding Statute Numbers on Your Paperwork

Many Illinois criminal charges begin with the statute prefix “720 ILCS 5/”. In some paperwork, including bail bond sheets, you may instead see “720 ILCS 5.0/” followed by the statute section. For example, aggravated battery may appear as 720 ILCS 5/12-3.05 or on older paperwork as 720 ILCS 5.0/12-4. These references commonly identify the same offense even if the formatting varies.

If you are unsure what statute you were charged under, a defense attorney can quickly identify the charge and explain what it means, what the State must prove, and what defenses may apply.

Examples of Felony Charges in Chicago and Illinois

Below is a broad list of felony charges commonly prosecuted in Chicago and throughout Illinois. This list is not exhaustive, but it provides an overview of charges that frequently appear in Cook County felony courts:

• Aggravated Arson (720 ILCS 5/20-1.1)
• Aggravated Battery (720 ILCS 5/12-3.05 or 720 ILCS 5/12-4)
• Aggravated Criminal Sexual Abuse (720 ILCS 5/11-1.60 or 720 ILCS 5/12-16)
• Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30 or 720 ILCS 5/12-14)
• Aggravated Discharge of a Firearm (720 ILCS 5/24-1.2)
• Aggravated Financial Identity Theft (720 ILCS 5/16-30 or 720 ILCS 5/16G-20)
• Aggravated Kidnapping (720 ILCS 5/10-2)
• Aggravated Stalking (720 ILCS 5/12-7.4)
• Aggravated Unlawful Restraint (720 ILCS 5/10-3.1)
• Aggravated Unlawful Use of a Weapon (720 ILCS 5/24-1.6)
• Aggravated Vehicular Hijacking (720 ILCS 5/18-4)
• Armed Robbery (720 ILCS 5/18-2)
• Arson (720 ILCS 5/20-1)
• Attempted Murder (720 ILCS 5/8-4(a) and 720 ILCS 5/9-1(a)(1))
• Burglary (720 ILCS 5/19-1)
• Child Abduction (720 ILCS 5/10-5)
• Child Pornography (720 ILCS 5/11-20.1)
• Criminal Sexual Abuse (720 ILCS 5/11-1.50 or 720 ILCS 5/12-15)
• Criminal Sexual Assault (720 ILCS 5/11-1.20 or 720 ILCS 5/12-13)
• Defacing Identification Marks of Firearms (720 ILCS 5/24-5)
• Delivery of Cannabis (720 ILCS 550/5)
• Delivery of a Controlled Substance (720 ILCS 570/401)
• Escape (720 ILCS 5/31-6)
• Failure to Register as a Sex Offender (730 ILCS 150/6)
• Felony Deceptive Practices (720 ILCS 5/17-1)
• Felony DUI/DWI (625 ILCS 5/11-501)
• Felony Murder (720 ILCS 5/9-1(a)(3))
• Felony Theft (720 ILCS 5/16-1)
• Financial Identity Theft (720 ILCS 5/16G-15)
• Forgery (720 ILCS 5/17-3)
• Hate Crime (720 ILCS 5/12-7.1)
• Home Invasion (720 ILCS 5/12-11)
• Involuntary Manslaughter (720 ILCS 5/9-3)
• Kidnapping (720 ILCS 5/10-1)
• Perjury (720 ILCS 5/32-2)
• Possession of Burglary Tools (720 ILCS 5/19-2)
• Possession of a Controlled Substance (720 ILCS 570/402)
• Possession of a Controlled Substance with Intent to Deliver (720 ILCS 570/401)
• Possession of Cannabis (Over 30 Grams) (720 ILCS 550/4(d))
• Possession of Cannabis with Intent to Deliver (720 ILCS 550/5)
• Possession of a Stolen Motor Vehicle (625 ILCS 5/4-103)
• Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40 or 720 ILCS 5/12-14.1)
• Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)
• Reckless Homicide (720 ILCS 5/9-3)
• Residential Burglary (720 ILCS 5/19-3)
• Robbery (720 ILCS 5/18-1)
• Sexual Exploitation of a Child (720 ILCS 5/11-9.1)
• Stalking (720 ILCS 5/12-7.3)
• Unlawful Possession of Firearms and Firearm Ammunition (720 ILCS 5/24-3.1)
• Unlawful Purchase of a Firearm (720 ILCS 5/24-3.5)
• Unlawful Restraint (720 ILCS 5/10-3)
• Unlawful Use of Weapons (UUW) (720 ILCS 5/24-1)
• Unlawful Use of Weapons by a Felon (720 ILCS 5/24-1.1)
• Vehicular Hijacking (720 ILCS 5/18-3)

Felony cases can also include felony probation violations and felony traffic offenses, which can expose a person to custody even when the underlying case was initially probation-based.

Why Felony Charges Can Change Your Life

A felony conviction can impact your life long after the court case ends. Beyond the risk of prison and fines, a felony record can affect:

• Job opportunities and professional licensing
• Housing applications and background checks
• Security clearances and certain career paths
• Firearm rights
• Immigration consequences for non-citizens
• Educational and financial opportunities

Because so much is at stake, felony cases should be treated with urgency from the moment you learn you are being investigated, arrested, or charged.

Why Clients Choose Andrew M. Weisberg

When you are facing serious criminal charges, it is critical to work with a criminal defense attorney who is prepared, aggressive, and fully committed to your case. Andrew M. Weisberg handles felony and misdemeanor charges throughout Cook County, including Chicago and all branch courts, as well as Skokie, Rolling Meadows, Maywood, Bridgeview, and Markham.

Andrew’s approach focuses on building a strong defense strategy from the earliest stages of the case. He works directly with clients, keeps them informed, and prepares every case with the mindset that it may need to be tried.

A strong defense often starts with a personalized relationship with the client. Understanding your history, your goals, and the details that matter in your life can be essential to presenting your case effectively—whether in negotiations, mitigation, or trial.

Contact Chicago Felony Lawyer Andrew M. Weisberg

If you or a loved one has been charged with a felony offense in Chicago or anywhere in Cook County, do not wait to get experienced legal help. The earlier you involve a criminal defense attorney, the more options you may have.

Call Mr. Weisberg directly, 24/7, at (773) 908-9811, or fill out the Case Review form on this website. The consultation is free.