20+ Years of Experience
Illinois Criminal Sentencing Guidelines
When you have been charged with a crime in Chicago it is important to understand the potential consequences of a conviction. Once you have been convicted of a crime the law requires a judge to determine an appropriate criminal sentence for your specific case. The judge must weigh a variety of mitigating and aggravating factors, follow specific guidelines, and impose a sentence that is permitted by law. You can increase the chances of getting a lenient and fair sentence when you hire an experienced Chicago criminal defense lawyer at Kostopoulos Law Group to defend you. Call today for assistance.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
What Happens at a Criminal Sentencing Hearing?
Each criminal case in Chicago is unique. In order to make sure that the punishment fits the crime, Illinois law requires a judge to review a case and determine an appropriate sentence. This review will take place at your sentencing hearing.
At this hearing, the prosecutor will argue that the circumstances of your case require a harsh penalty. They will argue that the presence of aggravating factors – things that make your case more serious or dangerous – support a harsh punishment. Your criminal defense attorney will argue that the presence of mitigating factors – things that explain or justify your conduct – support a more lenient punishment. The judge presiding over your criminal sentencing hearing must consider any and all mitigating and aggravating factors that are presented.
Aggravating Factors
Aggravating factors, as defined in 730 ILCS 5/5-5-3.2, include:
- Causing or threatening serious harm;
- Receiving compensation for the criminal act;
- History of criminal activity;
- The sentence is necessary to deter other people from committing the same crime;
- Abuse of public office;
- Abuse of a professional reputation or position;
- The victim was elderly, disabled, or a peace officer;
- The crime was motivated by race, creed, color, religion, ancestry, gender, sexual orientation, or physical ability;
- The crime took place on school grounds or in a place of worship, day-care center, or nursing home;
- Acts related to organized gang activity; and
- The use or possession of a firearm or dangerous weapon.
Mitigating Factors
Mitigating factors, as defined in 730 ILCS 5/5-5-3.1, include:
- The conduct did not cause or threaten serious harm;
- Substantial grounds to excuse or justify the conduct exist, even though they were insufficient to establish a defense;
- The conduct was organized or facilitated by another person;
- The conduct was the result of unexpected circumstances;
- The defendant has or will compensate the victim for their injuries;
- The defendant is likely to comply with the terms of probation;
- The defendant has a mental disability;
- The defendant exhibits characteristics that would indicate that he/she is unlikely to continue committing crimes;
- The defendant has no previous criminal history;
- The defendant would benefit from a supervised counseling or treatment program;
- A harsh criminal sentence would endanger the defendant’s medical condition; and
- A harsh criminal sentence would place an undue burden and hardship on the defendant’s dependents.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Possible Criminal Sentences
The sentence that the judge imposes must be within the range of applicable punishments that are linked to your specific crime. These punishments can include imprisonment, probation, and fines.
Imprisonment
Each crime in Illinois is classified as either a misdemeanor or a felony. These two classifications are then broken down into sub-categories. The specific charge you face will determine the amount of jail and/or prison time you could be sentenced to. Some crimes carry mandatory minimum sentences. If you are convicted of a crime that has a mandatory minimum sentence, your criminal punishment will include a term of imprisonment in a jail or prison. This minimum penalty varies with each crime, but guarantees that you will spend time behind bars.
Fines
Judges may also have the discretion to impose fines in addition to or instead of jail time. Fines for misdemeanors cannot exceed $2,500. Fines for felonies cannot exceed $25,000, unless explicitly permitted by law.
Probation
If you are convicted of a misdemeanor, a judge may include or impose a term of supervisory probation as a part of your criminal sentence.
After a judge has reviewed the mitigating and aggravating factors in your case he/she will determine a criminal sentence that is within the appropriate parameters of your criminal offense. If you have been convicted of a felony, the judge must clearly state the reason(s) that led him/her to impose this specific sentence.
Penalties for Crimes in Illinois
Subtitle
This document, provided by the Illinois General Assembly Research Unit, provides an overview of penalties for crimes.
Fighting to limit the severity of your criminal sentence
Hiring an attorney to defend you is the best way to limit the severity of the criminal penalties you will face. An attorney can leverage the prosecution into offering reduced charges, negotiate alternative sentences, and argue mitigating factors that limit the harshness of your sentence. Contact our experienced Chicago criminal defense lawyers today for more information about how we can help you secure the best possible outcome in your case.
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