Illinois law
Criminal Defense Laws in Illinois.
Illinois classifies felonies as Class X (most serious), Class 1, 2, 3, and 4, with misdemeanors classified as Class A, B, and C. The state uses a structured sentencing system with mandatory supervised release (MSR) following prison terms. Illinois has progressive expungement and sealing laws, and DUI penalties escalate significantly with prior offenses — reaching Class X felony status for a sixth offense.
Last verified: 2026-02-25
Guided help
Ask about a criminal defense deadline, right, or next step.
Keep the question grounded in Illinois. FlowLawyers can route you to the statute section, legal aid, attorney search, or a guided workflow when one fits.
Fast paths
The law sections below preserve the citations and source links. Use guided help when you need to move from reading the rule to choosing what to do next.
State law
Statute of Limitations
Murder and certain sexual offenses have no statute of limitations. Class X, 1, 2, 3, and 4 felonies must generally be charged within 3 years. Misdemeanors must be charged within 18 months. Sex offenses against minors may be prosecuted up to 20 years after the victim turns 18.
State law
Key Illinois Statutes
Class X felonies: 6–30 years. Class 1: 4–15 years. Class 2: 3–7 years. Class 3: 2–5 years. Class 4: 1–3 years. Class A misdemeanor: up to 364 days. Class B: up to 6 months. Class C: up to 30 days. Extended terms apply for aggravating factors.
Expungement is available for arrests without conviction and certain acquittals/dismissals. Sealing is available for many non-violent offenses after waiting periods. Illinois has some of the most progressive record-relief laws in the country.
First and second offense: Class A misdemeanor (up to 364 days, $2,500 fine). Third offense: Class 2 felony (3–7 years). Fourth offense: non-probationable Class 2 felony. Fifth offense: non-probationable Class 1 felony (4–15 years). Sixth offense: Class X felony (6–30 years).
Every person charged with an offense has the right to counsel before pleading. A public defender is appointed if the court determines the defendant is indigent, for all cases except fine-only offenses.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Illinois.
More in Illinois
Other state law topics.
Personal Injury Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws
