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What is a Second Degree Felony in Illinois?
In Illinois, second-degree felonies are called class 2 felonies. Class 2 felonies are crimes that involve violence and cause harm to individuals and property, but are not premeditated. Section 5/5-4.5-35 of the Illinois Compiled Statutes describes class 2 felonies as more severe than misdemeanors but less serious than Class 1 and Class X felonies, which are usually planned out in advance.
Penalties and fines for Class 2 felonies can vary for different reasons, including evidence recovered from the case and whether the individual is a repeat offender. Generally, the types of crimes classified as Class 2 felonies in Illinois include burglary, kidnapping, and possession of drugs with the intention to deliver them. Second-degree felonies can attract a 3 to 7-year sentence and fines up to $25,000. Supervised release (probation) is also a penalty for some felonies unless explicitly prohibited by law due to the severity of the offense.
Which Crimes Are Considered Second-Degree Felonies in Illinois?
Second-degree felonies are classified as Class 2 felonies, as Illinois uses a different classification system than most US states. Class 2 offenses have a midlevel seriousness compared to Class 3 to 4 offenses, which have a lower severity, and Class 1 to X offenses, which have a higher severity. Common Class 2 felonies in Illinois include burglary, arson, robbery, kidnapping, and drug delivery. Penalties for Class 2 offenses include prison time, fines, and probation. Although second-degree murder is also a second-degree offense, it has a higher felony classification and carries more severe punishment than second-degree felonies.
What is Second Degree Murder and How is it Classified in Illinois?
A second-degree murder happens when a person takes another person's life without premeditation (planning ahead of time). It is also classified as second-degree murder when a person acts without concern, leading to loss of life by putting another person's life at risk.
Second-degree murders are different and less severe than first-degree murders in Illinois, according to 720 ILCS 5/9-3(a). This difference is because, for first-degree murders and manslaughter, the murder was preplanned, and it is proven beyond a reasonable doubt that the defendant had the intention to kill. The penalty for first-degree murder is a life sentence per 720 ILCS 5/9-1(a). On the other hand, second-degree murders are classified as a Class 1 felony in Illinois and can attract a prison sentence of 4 to 20 years.
Illinois Second Degree Felonies Penalties and Punishments
In Illinois, felonies are ranked from Class X to Class 4, with X being the most severe and Class 4 being the least severe. Factors like the nature of the offense and whether the defendant has prior convictions determine the penalty for the felony. Some typical Class 2 penalties include prison time, fines, probation, and mandatory supervised release (parole). The table below lists some Class 2 offenses and their penalties.
| Crime Type | Prison Time | Fine Ranges | Other Penalties. |
|---|---|---|---|
| Burglary (non-residential) | 3 to 7 years (may extend to 14 years if aggravated) | Up to $25,000 | Probation possible |
| Robbery (if the victim isn’t elderly, disabled, or at a child care center) | 3 to 7 years | Up to $25,000 | Probation possible |
| Arson (property damage over $150) | 3 to 7 years | Up to $25,000 | Pay restitution to the property owner/ victim. |
| Aggravated Battery (serious injury) | 3 to 7 years | Up to $25,000 | No probation is bodily harm is severe |
| Kidnapping (without ransom or injury) | 3 to 7 years | Up to $25,000 | Possible extension of prison sentence |
| Possession with the intent to deliver controlled substances | 3 to 7 years | Up to $25,000 | Possible extension of the prison sentence depending on the quantity of the substance |
| Theft of $500–$100,000 (from property, not a person) | 3 to 7 years | Up to $25,000 | Pay restitution to the property owner/ victim |
Are Second-Degree Felony Records Public in Illinois?
Yes, second-degree felony records are publicly available in Illinois. According to the Illinois Uniform Conviction Information Act, individuals can request conviction records, which could include second-degree felony records. Not all records are available upon request. Juvenile, sealed, and expunged records are not publicly available due to confidentiality reasons and court orders. While some US states, like California, limit access to older records after a prescribed period of time has passed, Illinois keeps records indefinitely unless legal action is taken to restrict them.
How to Access Second Degree Felony Court Records in Illinois
Second-degree felony court records are typically public and can be retrieved online or in person from the record custodian unless otherwise restricted by a judge. When retrieving a record, an individual is expected to have enough key details of the case to facilitate a search, such as the names of parties involved in the case and the case number. Requestors may also be required to show a valid form of ID if the record custodian needs to confirm their eligibility to access the record. Requestors have two options:
- Visit the Local Courthouse: Contact the Illinois county courthouse where the felony was filed and get guidance from the administrative staff available. The Clerk of the Circuit Court of the county that handled the case primarily handles felony court records, so their office can be contacted directly for the record.
- Search Online: The Illinois judiciary offers statewide court information and can help individuals locate courts and court records. They also offer a Case Information Search tool called Re:SearchIL, through which all Illinois county court documents can be searched for online using the names of parties involved in the case or the case number.
Some court records, such as juvenile records and adoption records, are restricted from public access. Individuals are encouraged to obey privacy laws and the specific requirements of the record custodian they contact for court records when retrieving a record. Note that retrieving court records for harassment or discrimination purposes is not acceptable use.
Can Second Degree Felony Charges be Reduced or Dismissed?
Yes. A prosecutor can offer a plea bargain (the defendant pleads guilty to a less severe offense), thereby leading to a lighter sentence even for a second-degree felony charge. This is likely to happen for proceedings where the defendant holds no previous criminal records, the offense was due to extenuating circumstances, and if the prosecution’s evidence is unable to establish guilt. Judges review this plea bargain and grant it after considering factors like remorse, the defendant's cooperation with law enforcement, and the rehabilitation options available for the defendant.
Good legal representation can also get charges dismissed or reduced by challenging the prosecutor’s case. A lawyer can dispute the evidence presented or claim a constitutional right violation. The lawyer may also negotiate with prosecutors, spot violations in the case proceedings, and file motions on behalf of the defendant to get the best outcome for the case. Legal help is available through the Illinois Attorney Registration & Disciplinary Commission.
Generally, a second-degree felony sentence can also be suspended as a result of the charges being dismissed before the trial. Possible reasons for this include:
- Insufficient evidence to establish probable cause
- New evidence disproving probable cause
- The defendant's rights were infringed on during the arrest or trial.
- The prosecutor is unwilling to pursue the case any further.
Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Illinois?
It depends. Felonies that have caused serious harm, such as murder convictions and second-degree felonies, cannot usually be expunged or sealed. They remain with law enforcement agencies and are publicly available unless pardoned or overturned by the Governor. To be eligible for expunction, the charge must fulfil the following criteria:
- It did not end in a conviction
- It ended in a sentence which was then reversed.
- It is a low-level offense
- It is not a violent crime (battery, sex offenses, murder)
According to Illinois laws, Class 3 and Class 4 felonies can be sealed 3 years after the sentence is completed. This means that although the record has not been erased, it can be removed from public view, except for certain public offices that retain it. It is advisable to get legal assistance when petitioning for expunction, as the lawyers will have expertise in determining eligibility and filing the petition with the court. Further help on expunction can be obtained from the State Appellate Defender’s Office.
How Long Do Second-Degree Felony Records Stay Public in Illinois?
Forever. A second-degree felony record stays on a person's record and remains publicly accessible until it is sealed or expunged. There is no automatic expungement for felonies, unlike other states in the US that grant expungement after several years have passed. Felony records will remain available for life and will only be available for expunction if the defendant starts the legal process of expunction.