Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 1/1/23

In the state of Illinois, Class X Felony charges are the most serious felony offenses short of first-degree murder. Class X felony charges carry mandatory sentencing guidelines, and judges are required to sentence those charged with Class X felonies to prison. Class X felons cannot be granted probation unless the prosecution agrees to lower the charges to a lower grade of felony. Because of the mandatory sentencing and increased restrictions on class X felonies, negotiation power lies with the prosecution in Class X felony cases.

Under Illinois law, a defendant can be charged with a Class X felony when certain crimes are committed, such as aggravated kidnapping, home invasion, armed robbery, aggravated arson, and others. In addition, under Illinois law, if a certain amount of class 1 or 2 felonies have been committed, defendants are mandated to be sentenced as Class X offenders. Essentially, in Illinois, repeat offenders can be sentenced to a more severe felony if they commit enough lower-grade felonies.

Before the passage of the Illinois SAFE-T Act, the language regarding this “mandatory X sentencing” provision was general and relatively free of qualifiers except for the fact that the defendant had to have been previously convicted of two class 2 or greater felonies. The SAFE-T act adds language which further specifies which types of felonies must have been committed, when they must have occurred, and that the felonies must contain the same elements as the new felony.

Overall, the new conditions around mandatory X sentencing mean that it is harder to have a felony conviction “upgraded” from a class 1 or 2 into a class X offense. Under the new legislation, previous felonies must have been forcible felonies, and the defendant must have been twice convicted of offenses that have the same elements as the current offense to be upgraded to a class X offender. The new legislation also adds language requiring that the class 1 and 2 offenses must have been committed when the defendant was already above the age of 21.

Contact an Experienced Lawyer Today

Criminal justice reform in Chicago is changing the way judges sentence those who have been convicted of crimes. You need a skilled and experienced attorney to make sure you know what the law is and how it applies to your case. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.