Class 4 Felony in Illinois: Sentencing, Penalties, and Defense

What Is a Class 4 Felony in Illinois?

Illinois classifies felonies into five categories, ordered from most severe to least: Class X, Class 1, Class 2, Class 3, and Class 4. First-degree murder sits in its own separate category above Class X.

A Class 4 felony is the least severe felony classification, governed by 730 ILCS 5/5-4.5-45. “Least severe” is relative. Any felony conviction in Illinois carries a minimum one-year prison exposure, substantial fines, and consequences that follow you for life. A Class 4 is still a felony, and it is still more serious than any misdemeanor in Illinois.

If you have been told you are facing a “Class 4 misdemeanor,” that is not a thing in Illinois. Illinois misdemeanors are labeled Class A, B, or C. Illinois felonies are labeled Class X, 1, 2, 3, or 4. The confusion is common. The consequences of confusing the two are not.

Class 4 Felony Offenses in Illinois

Some offenses are always charged as Class 4 felonies. Others start as misdemeanors and get elevated to Class 4 when aggravating circumstances are present, like a prior conviction, a protected victim, or a specific weapon. Each charge carries its own defense strategy. The path forward on an Aggravated DUI is not the path forward on an identity theft case.

Below are the most common Class 4 offenses we defend in DuPage County and across Greater Chicago. Click through for a full breakdown of each charge, its penalties, and how we build the defense.

Class 4 Felony Sentencing Guidelines in Illinois

Illinois sentencing for a Class 4 felony is set by statute. The judge has discretion within the statutory ranges, but those ranges are fixed by the General Assembly.

Prison Term

The standard Class 4 prison sentence is a determinate term of not less than one year and not more than three years in the Illinois Department of Corrections, per 730 ILCS 5/5-4.5-45. A determinate sentence means a fixed term, not a range like “one to three years.” The judge picks a specific number of years within that window.

Extended-Term Sentence

When aggravating factors apply, the prison range doubles. An extended-term Class 4 felony carries three to six years in state prison under 730 ILCS 5/5-8-2. Common aggravators include a prior Class 3 or higher felony conviction within the past 10 years, hate crime motivation, a victim over 60 or with a physical or intellectual disability, and offenses committed against specific protected groups.

Probation and Conditional Discharge

Class 4 felonies are probationable for most offenses. A judge can impose probation or conditional discharge for up to 30 months in place of a prison sentence. Probation conditions typically include regular reporting, drug testing, treatment, employment requirements, and a no-new-offense condition.

Periodic Imprisonment

Periodic imprisonment allows a defendant to serve a sentence of up to 18 months in a county or municipal facility while continuing to work or receive treatment during approved hours. It is a middle option between straight probation and prison.

Fines and Restitution

Class 4 fines can reach $25,000. Courts routinely impose court costs, mandatory fees, and victim restitution on top of the base fine.

Mandatory Supervised Release (Parole)

Any prison sentence for a Class 4 felony carries one year of mandatory supervised release after release from custody. MSR is not optional. Violations can send a person back to IDOC.

1. Standard Prison Term: 1 to 3 years in the Illinois Department of Corrections. Determinate sentence set by the judge at sentencing.
2. Extended Term: 3 to 6 years in IDOC when aggravating factors apply. A prior felony within 10 years is the most common trigger.
3. Probation: Up to 30 months of supervised probation instead of prison for eligible cases. Conditions apply throughout the term.
4. Periodic Imprisonment: Up to 18 months served in a county facility with approved work or treatment release.
5. Fines: Up to $25,000, plus court costs, fees, and victim restitution ordered separately.
6. Mandatory Supervised Release: 1 year of MSR (parole) after release from any prison sentence. Violations trigger reincarceration.

First-Offense Options for a Class 4 Felony

If this is your first felony charge, Illinois law gives you real paths to avoid a permanent conviction. None of them happen automatically. Each requires a specific strategy at the right moment in the case, which is why the earlier you bring in a defense attorney, the more options you keep on the table.

Section 410 Probation (First-Offender Drug Probation)

720 ILCS 570/410 creates a special deferred-judgment probation for first-time controlled substance offenses. Here is how it works: you plead guilty, but the court does not enter a judgment of conviction. Instead, the court places you on 24 months of probation. If you complete probation successfully, the case is dismissed, and the record becomes eligible for expungement.

There are real conditions. You must have no prior convictions or probations for any cannabis or controlled substance offense, including prescription drug offenses. 410 probation is available only once in a lifetime. And even though Illinois does not treat a successful 410 outcome as a conviction, federal immigration authorities may treat the guilty plea as sufficient grounds for removal proceedings. Non-citizens need an immigration-aware analysis before accepting.

Section 10 Cannabis First-Offender Probation

720 ILCS 550/10 offers the same structure as 410 probation, specifically for first-time cannabis offenses that are still charged as Class 4 felonies after Illinois legalization (generally, larger quantities or distribution-adjacent conduct).

Second Chance Probation and Other Diversions

Certain non-violent Class 4 felonies qualify for Second Chance Probation or the Offender Initiative Program. These programs typically require completion of treatment, community service, and compliance conditions in exchange for dismissal and potential expungement.

Long-Term Consequences of a Class 4 Felony Conviction

The prison term and the fine are the immediate penalties. The collateral consequences are what follow you after the sentence is done.

A Class 4 felony conviction shows up on standard background checks used for employment, housing, and professional licensing. Federal law prohibits anyone with a felony conviction from possessing firearms or ammunition. Non-citizens can face removal, denial of naturalization, or inadmissibility, depending on the underlying offense. Illinois restores voting rights once a sentence is fully served, but other civic consequences remain.

A felony record is permanent unless it is expunged, sealed, or pardoned by the governor. Most employers, landlords, and licensing boards see it.

Can a Class 4 Felony Be Expunged or Sealed in Illinois?

Most Class 4 felony convictions cannot be expunged. Expungement permanently destroys the record. Sealing hides it from public view but keeps it accessible to law enforcement and the courts.

Under 20 ILCS 2630/5.2, the Class 4 offenses most commonly eligible for expungement are:

• Successfully completed 410 or 1410 probation (controlled substance first-offender)
• Successfully completed Section 10 cannabis first-offender probation
• Class 4 prostitution convictions
• Certain cannabis convictions under the Cannabis Regulation and Tax Act
• Any Class 4 conviction pardoned by the governor with express expungement authorization

Sealing is available for most other Class 4 convictions after a three-year waiting period that begins when the sentence is fully complete, including probation, parole, and payment of all fines and restitution. Class 4 convictions that are excluded from both expungement and sealing include DUI offenses, violent felonies, sex offenses requiring registration, and most weapons felonies.

For a full walk-through of eligibility and the petition process, see our page on Illinois expungement and record sealing.

How We Defend Class 4 Felony Charges in DuPage County

Pat Weiland spent nearly a decade as a DuPage County Assistant State’s Attorney before joining Dolci Weiland & Sendlak. He prosecuted Class 4 felonies across the same courtrooms where these cases are typically heard today. That experience shapes how we approach every Class 4 case.

Most Class 4 felony cases in DuPage County are typically heard at the 18th Judicial Circuit Court in Wheaton. We know the judges, the prosecutors, and the procedural tendencies. That knowledge matters at every decision point: whether to challenge probable cause, whether to push for reduction to a misdemeanor, whether to pursue 410 or another first-offender program, and whether to set the case for trial.

Our defense approach typically works along four lines:

1. Challenge the charge at the foundation. Traffic stops, searches, and arrests often contain constitutional defects. Evidence obtained in violation of the Fourth Amendment can be suppressed. Suppression can collapse the State’s case.
2. Negotiate reduction to a misdemeanor. Many Class 4 felonies can be negotiated down to a Class A misdemeanor with the right leverage. A misdemeanor avoids the felony record entirely.
3. Pursue first-offender probation or alternative sentencing. When a conviction is unavoidable, we focus on the outcome that preserves your future. 410 probation, Second Chance Probation, and periodic imprisonment can all protect your record or keep you out of IDOC.
4. Prepare for trial when the State will not move. We are trial lawyers. If the prosecution refuses a fair resolution, we are ready to put the case in front of a jury.

Charged With a Class 4 Felony in DuPage County? Call Us Today.

The window between arrest and formal charging is where defense strategy has the most leverage. Once the case moves forward, options narrow quickly. If you or someone close to you has been arrested or charged with a Class 4 felony in DuPage County, Cook County, Kane County, Will County, or Kendall County, the time to involve an experienced criminal defense attorney is now.

Dolci Weiland & Sendlak offers free initial consultations, 24 hours a day, 7 days a week. Call us at (630) 261-9098 or schedule your free consultation online.